TOUR OPERATORS TERMS AND CONDITIONS

Vacant Moments – Tour Operators terms and conditions

By displaying your company details and services with Vacant Moments Pty Ltd (“Vacant Moments”) you (the "Tour Operator" agree to the following terms and conditions.

1. Terms and Amendments

1. Vacant Moments reserves the right to change these terms and conditions and the amount we charge at any time. All Tour Operators registered with Vacant Moments at the time of such changes will be advised of the changes. The changes will become effective upon publication of the notice.
   
2. Where we vary the prices for Services, we will give at least 14 days notice of the change, and the new prices will apply at the end of that period.
   
3. From time to time Vacant Moments may run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Vacant Moment’s discretion.

2. Tour Operator Responsibilities, Warranties and Indemnities

1. The Tour Operator undertakes to keep all the displayed company information, including services and prices up-to-date. The Tour Operator bears sole responsibility for the accuracy and validity of all their listed information.
   
2. The Tour Operator agrees to respond to all booking requests and information requests made by customers and to honour all bookings made.
   
3. The Tour Operator warrants that no information displayed will be either misleading or offensive.
   
4. You warrant that you hold, or, that you are licensed and will continue to be licensed to hold the copyright of all images, graphics, text and data you display on the Vacant Moments web site. Vacant Moments takes no responsibility for any copyright infringements by the Tour Operator.
   
5. All Vacant Moments booking and information request notifications will be sent to your nominated email address(es). It is the Tour Operator’s responsibility to inform Vacant Moments without delay of any changes to that email address(es).
   
6. The Tour Operator agrees to keep their login password secure and the Tour Operator will make no claim for any loss or damage direct or indirect arising out of or connected with any unauthorized use of the Tour Operator’s user id or password.
   
7. The Tour Operator agrees that the password is given to them in complete confidence. This must not be disclosed to any other party without prior written consent from Vacant Moments.
   
8. The Tour Operator will not misuse any information collected from customers using this web site and will abide by the Vacant Moments privacy policy.
   
9. The Tour Operator is responsible for obtaining any licences and abiding by any local laws required to operate as a tour operator in the countries in which they are based and/or offer services.
   
10. You indemnify Vacant Moments against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
    1. your breach of these terms;
    2. your use or misuse of the Service;
    3. the use or misuse of the Service by any person using your account; and,
    4. publication of defamatory, offensive or otherwise unlawful material.

3. Payment

1. The Tour Operator agrees to pay all Service charges incurred by you or any designated users or incurred as a result of any use of your password (whether authorized or not) in accordance with our published price lists. Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice).
   
2. No refunds will be given for unused portions of payments in advance unless the account has been terminated due to Vacant Moment’s breach of these terms and conditions.

4. Vacant Moment’s Warranties and Liabilities

1. Vacant Moments does not warrant that your access to the above mentioned site will be secure or uninterrupted. Vacant Moments will not be liable for any loss resulting from you relying on the security, uninterrupted supply of information or access on the VacantMoments.com web site.
   
2. Vacant Moments must perform scheduled maintenance to databases from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers.
   
3. Vacant Moments accepts no liability for any direct, indirect or consequential loss caused to the Tour Operator by inaccurate information supplied by the Tour Operator and displayed on the Vacant Moments web site and the Tour Operator agrees to indemnify Vacant Moments in respect of any claims arising there from.
   
4. All Vacant Moments booking and information request notifications will be sent to your nominated email address(es). Vacant Moments accepts no responsibility for email notifications that are delayed or not delivered.
   
5. Vacant Moments may have provided the initial means of contact between you (the Tour Operator) and the Site User, but it takes no responsibility for any transaction entered into between you and the site user. Vacant Moments is in no way responsible for the conduct of the Site User, should they place a booking. Vacant Moments is not responsible for the non-payment by a Site User, the state in which the property is left, or the damage, which may be done to the property.
   
6. It is the responsibility of the Tour Operator to finalize and confirm bookings as promptly as possible. Vacant Moments cannot be held liable for any problems that may arise including, but not limited to, failure of the booking.

5. Suspension and Termination of Service

1. Vacant Moments reserves the right to refuse to display any Tour Operator’s details or remove all details from Vacant Moments web site without giving reason.
   
2. We may from time to time without notice suspend the Service or disconnect or deny your access to the Service.
   1. During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
   2. If you fail to comply with any provision in this agreement (including failure to pay charges due), until the breach (if capable of remedy) is remedied.
      Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
      
3. If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion.
   
4. Vacant Moments reserves the right to refuse to supply services to a potential customer who has previously had its account with Vacant Moments terminated for breach.
   
5. Vacant Moments may without notice to you remove, amend or alter your data upon being made aware of:
   1. any claim or allegation; or
   2. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, misleading, defamatory, offensive or in breach of a third party's rights.
      
6. Vacant Moments reserves right to remove you for violating any of these terms and conditions without notice and without refund.
   
7. If your account is closed you must pay all outstanding charges immediately and we may delete all Property Data from the web site.

6. Copyright

1. This web site is the property of Vacant Moments. In joining VacantMoments.com web site the Tour Operator obtains no rights to the software, databases, hardware and other infrastructure and facilities used by Vacant Moments to deliver the Service.
   
2. The Tour Operator may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this web site without the written permission of Vacant Moments.

7. Display of Tour Operators button on individual properties

1. Tour Operators do not have exclusive rights to a property. Other Tour Operators links may be placed on a property if the Property Owner has entered into an agreement with multiple Tour Operators.
   
2. The Tour Operators booking link will only be placed on on properties that have entered a mutual agreement with the Tour Operator.
   
3. If more than one tour operator link is placed on a Property the links will be placed in alphabetical order based on the registered business name of the Tour Operator.

8. Charges and Commissions

1. The Tour Operator cannot charge any customer using the Vacant Moments web site any additional booking fee or commission for any accommodation bookings made via the VM web site. Fees and charges for services in addition to the accommodation eg: transport and tours are to be negotiated directly with the customer.
   
2. Any commission charged on bookings is to be negotiated directly between the Tour Operator and Property Owner.
   
3. The Tour Operator can not make any claims against Vacant Moments in regards to commission for bookings.

9. Miscellaneous

1. The Tour Operator grants to Vacant Moments a license to use and reproduce all Tour Operator data in order to fulfil its obligations under this agreement. In this agreement " Tour Operator data " means all information, data, text, logos, images, and/or content in any form that forms part of the Tour Operator’s information or emails.