1. About this Website

Your use of the services, information text, graphics and materials provided via or on the www.xy2.com.au website ('Material on this website') is governed by these Terms of Use and our Privacy Statement. By using this website you agree to be bound by these Terms of Use.

In addition to the Terms of Use contained in this document, other terms or conditions may apply to your use of the www.xy2.com.au website, parts of the www.xy2.com.au website, or to products and services offered or acquired via the www.xy2.com.au website. You will be bound by these additional terms or conditions, as applicable.

2. Links to Other Websites

The www.xy2.com.au website may contain links to third party websites. www.xy2.com.au does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, www.xy2.com.au makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

3. Privacy

Your privacy is very important to www.xy2.com.au. Please read our Privacy Statement for details on how we collect and handle your personal information.

4. Standard supplier terms and conditions apply

  • (a) All products and services acquired by you via the www.xy2.com.au website are subject to these Terms of Use and the terms and conditions of supply issued by the relevant product or service provider or supplier. All tickets, vouchers and reservations are issued or made subject to the terms and conditions of the relevant product or service provider or supplier.
  • (b) All applications for travel or for other products or services made via the www.xy2.com.au website are subject to and must comply with www.xy2.com.au's normal approval criteria, and any further conditions notified by www.xy2.com.au to you from time to time or on the www.xy2.com.au website.

5. www.xy2.com.au product information and acquisition of products and services

1. The www.xy2.com.au website contains both information of a general nature about www.xy2.com.au and www.xy2.com.au's products and service.

2. Where the www.xy2.com.au website enables you to purchase travel products or services:

  • (a) we may enter into a binding contract for the provision of travel or other related products or services through a process in which www.xy2.com.au makes an electronic offer via the www.xy2.com.au website and you electronically communicate your acceptance of that offer via the www.xy2.com.au website;
  • (b) www.xy2.com.au may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to www.xy2.com.au via the www.xy2.com.au website (each an 'Electronic Instruction') without further confirmation from or reference to you; and
  • (c) www.xy2.com.au may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.

3. In order to acquire travel products and services via the www.xy2.com.au website, you must be at least 18 years of age.

4. If payment is made by credit card you must be the credit card holder for any travel products and services which you attempt to acquire.

5. Creating a binding contract with XY2 Bar via the www.xy2.com.au website is a two step process:

  • (a) The first step is to create or compile an itinerary or schedule containing the products or services you wish to acquire. Upon completion or selection by you of all required products and\or services, the www.xy2.com.au website will provide you with a quote and availability guide for the products and services selected.
  • (b) If you wish to acquire the travel products or services selected then, upon completion by you of all required details, you must accept the quote and a binding agreement will be created, with a corresponding XY2 Bar booking number assigned.

6. When entering into a contract via the www.xy2.com.au website, you will be taken to have communicated your acceptance to an offer from XY2 Bar only when:

  • (a) the Electronic Instruction containing the acceptance from you enters and is recorded in the relevant XY2 Bar database;
  • (b) a record is created and stored in the relevant XY2 Bar database; and
  • (c) a XY2 Bar booking number is generated.

7. The parties will not be bound by the terms of a contract created via the www.xy2.com.au website until the Electronic Instruction containing the acceptance from you to XY2 Bar's offer has been received by www.xy2.com.au in the manner specified in this clause.

8. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by www.xy2.com.au in accordance with this clause for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, XY2 Bar is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the www.xy2.com.au website or any failure to receive an Electronic Instruction for whatever reason.

9. Where a transaction is entered into between XY2 Bar and you via the www.xy2.com.au website, a booking number will be issued by XY2 Bar. However, a binding agreement between us is not conditional on the issuance or receipt by you of a booking number. Therefore, the failure by you to receive a booking number from XY2 Bar does not invalidate or otherwise prejudice the existence of a contract or transaction entered into using the www.xy2.com.au website.

10. XY2 Bar may issue a paper confirmation of the products or services acquired by you. The existence of a binding contract is not conditional on XY2 Bar issuing, or you receiving, a paper confirmation of the transaction.

11. You are responsible for ensuring that you receive a booking number and should contact XY2 Bar if one is not received.

6. Features, packages, programs and information

1. The www.xy2.com.au website may contain or make available various tools, packages, software programs, fare-finders, games or other features. The www.xy2.com.au website may also contain helpful hints, travel tips, travel advice, or other information or material.

2. Whilst www.xy2.com.au has made every effort to ensure that any such features or information as described in (1) above are accurate and free from defect, www.xy2.com.au does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an "as is" basis. The use by you of any of these features or any information provided by www.xy2.com.au is entirely at your own risk.

7. Payments

1. All payments for any travel or related products or services acquired from XY2 Bar must be made in full by clear funds before the booking will be processed.

2. Unless provided for otherwise, all payments referred to in (1) above may be made by credit card issued in your name (American Express, Visa, MasterCard or BankCard). You must therefore provide XY2 Bar with all required credit card details. XY2 Bar may securely store your credit card number for security and verification purposes, or as part of your profile if you request XY2 Bar to do so.

8. Prices and invoice errors

  • (a) XY2 Bar endeavours to ensure that all prices listed on the www.xy2.com.au website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, XY2 Bar reserves the right, up to and including the date of departure, to adjust any fees, charges or prices as necessary, even if the products or services acquired have been paid for in full, to reflect such cost increases passed onto XY2 Bar.
  • (b) XY2 Bar reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the products or services acquired have been paid for in full.

9. Cancellation charges and alterations

XY2 Bar reserves the right to charge you a $30 fee for each alteration or variation to a travel product or service once that product or service has been booked and fully paid for.

When making a cancellation any balance is held in credit to be used within 12 months from the date of first purchase.

10. Refunds for unused services

XY2 Bar will not issue you with a refund for any tours, car hire, meals, sightseeing vouchers, coupons, transfers, pre-paid accommodation, theatre tickets or other tour services which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes or acts of God.

11. Lost or destroyed documents

Unless agreed otherwise, any lost or destroyed tickets, vouchers, coupons or travel documents can not be replaced or refunded.

12. Variation to products or services

Due to reasons beyond XY2 Bar's control, XY2 Bar may be forced to amend or alter a travel reservation or booking, even if the products or services affected have been confirmed by XY2 Bar or paid in full. XY2 Bar will notify you as soon as practicable after XY2 Bar becomes aware of the need for an amendment or alteration to your travel reservation or booking and will propose alternate products, services or arrangements which are of the same standard as those originally booked. You must, as soon as possible after such notification by XY2 Bar elect to either:

  • (a) accept XY2 Bar's proposed alternate products, services or arrangements; or
  • (b) receive a refund of all monies paid to XY2 Bar for the affected products or services, except for any amount which is withheld by a product or service provider other than XY2 Bar. Failure to notify XY2 Bar of your election within a reasonable time frame will be taken as an acceptance of XY2 Bar's proposed alternate products, services or arrangements.

13. Message board facility

  • (a) The www.xy2.com.au website may provide a facility whereby you can provide or otherwise upload your information, content, comments or opinions onto the 'Message Board' component of the www.xy2.com.au website ('Your Content'). Your Content will be publicly available to all users of the www.xy2.com.au website. www.xy2.com.au accepts no responsibility for third party use of your content.
  • (b) Your content must not be illegal, misleading or deceptive, offensive, discriminatory, defamatory, pornographic or of any other category determined to be inappropriate by XY2 Bar. You must own all intellectual property rights in and be permitted to upload to the www.xy2.com.au website, your content.
  • (c) Whilst under no obligation to do so, XY2 Bar retains the right to review, edit, or remove from the www.xy2.com.au website any of your content, in whole or in part, at any time and without notice to you.
  • (d) By uploading your content to the www.xy2.com.au website, you grant XY2 Bar a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, republish and modify your content, including the right to sub-licence your content, in connection with the products or services of, or promotional activities of, XY2 Bar and its related bodies corporate, including but not limited to use in any newsletters or publications of XY2 Bar.

14. Warranties

Whilst every effort has been made to ensure that information is free from error, XY2 Bar does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. XY2 Bar does not guarantee that the www.xy2.com.au website or any third party websites will be free from viruses, or that access to the www.xy2.com.au website will be uninterrupted. All terms implied by law, except those which can not be lawfully excluded, are excluded.

15. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, XY2 Bar, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided by XY2 Bar through the www.xy2.com.au website, any Material on this website, any third party material, or from access to the www.xy2.com.au website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

The liability of XY2 Bar for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at XY2 Bar's option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

16. Indemnity

You indemnify and hold harmless XY2 Bar in respect of all liability incurred by XY2 Bar for any loss, damage, cost or expense, howsoever caused, suffered or incurred by XY2 Bar as a result of your breach of these website Terms of Use, or your use of the www.xy2.com.au website or any Material on this website.

17. Availability of the www.xy2.com.au website

1. As electronic services are subject to interruption or breakdown, access to the www.xy2.com.au website is offered on an "as is" and "as available" basis only.

2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct travel or other transactions by other means should the www.xy2.com.au website be unavailable.

3. XY2 Bar may impose limits or restrictions on the use you may make of the www.xy2.com.au website. XY2 Bar may withdraw the www.xy2.com.au website at any time and without notice to you.

18. Copyright and trade marks

1. Copyright in the Material on this website is owned or licensed by XY2 Bar.

2. Except where necessary for and incidental to viewing the Material on this website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of XY2 Bar.

3. Third party trade marks are trade marks of the respective third parties.

19. Use of the www.xy2.com.au website

You must not:

  • 1. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the www.xy2.com.au website, or any of the content contained within, without www.xy2.com.au's prior written permission;
  • 2. use any device, software or routine to interfere or attempt to interfere with the proper working of the www.xy2.com.au website or any transaction or process being conducted on or through it;
  • 3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the www.xy2.com.au website; or
  • 4. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the www.xy2.com.au website.

20. Termination

These Terms of Use and your access to the www.xy2.com.au website may be terminated at any time by XY2 Bar without notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by XY2 Bar, will survive termination. However, upon termination, you will no longer be authorised to access the www.xy2.com.au website.

21. Acceptance and changes to Terms of Use

1. You acknowledge and accept that your use of the www.xy2.com.au website indicates your acceptance of these Terms of Use and the Privacy Statement.

2. These are the current Terms of Use. They replace any prior terms of use for the www.xy2.com.au website published on the www.xy2.com.au website to date.

3. XY2 Bar may at any time vary the Terms of Use by publishing the varied Terms of Use on the www.xy2.com.au website. XY2 Bar is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the www.xy2.com.au Website, that XY2 Bar has provided you with sufficient notice of the variation. By your use of the www.xy2.com.au website after any variation, you are taken to have accepted and assented to the new Terms of Use.

22. General

1. All prices listed on the www.xy2.com.au website are in Australian dollars, unless otherwise indicated.

2. This agreement, the www.xy2.com.au website, and the acquisition of products and services via the www.xy2.com.au website, are governed by the laws of Queensland, Australia.

3. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, for determining any dispute concerning this agreement, the www.xy2.com.au website, or the acquisition of products and services via the www.xy2.com.au website.

4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

5. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

23. Linking to www.xy2.com.au

Please contact us if you would like to link to any part of the www.xy2.com.au website.

Version 1.3 - 20 December 2013