User agreement

Please read this user agreement before using this site.

Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

1. Ownership

1.1 This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Holidays Allover Pty Ltd (Holidays Allover) and/or its various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Holidays Allover, its affiliates, and various third parties.

1.2 Nothing contained on this site should be construed as granting any license or right to use any of the Trademarks without the written permission of Holidays Allover, or such other party that may own the Trademarks.

1.3 Holidays Allover, trading under its subsidiary business names, is a member of various Australian Regional Tourism Authorities, and as such exercises the right to reproduce images made available by these various organisations to their members for the purpose of generic and/or specific tourism promotion.

1.4 You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Holidays Allover a worldwide, non-exclusive royalty-free, right to use, modify, distribute and display such content in any form. You also grant Holidays Allover the right to use the name you submit with any review or comment, in connection with such review or comment. Holidays Allover takes no responsibility and assumes no liability for any content posted or submitted by you.

2. Use of site

2.1 Holidays Allover grants you a limited, nontransferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate travel reservations or purchases and shall not use this site for any other purposes.

2.2 This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Holidays Allover and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, noncommercial use only.

2.3 You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise.
2.4 You shall be solely liable for any damages resulting from any infringement of copyright trademark or other proprietary right or any other harm resulting from your use of this site.

3. Age and responsibility

If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password.

4. Privacy

You have read the Holidays Allover privacy policy see Our Privacy Policy - Your Privacy, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Holidays Allover and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Holidays Allover privacy policy.

5. Additional terms

Additional terms and conditions apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by these terms and conditions. Refer to Booking conditions.

6. Exclusion of warranty

6.1 Holidays Allover and any service providers make no warranty of any kind regarding this site and/or the accuracy, completeness, currency or reliability of any of the content or data found on this site, all of which are provided on an "as is" basis.

6.2 Holidays Allover nor any service providers make no warranty that this site, its servers or any e-mail sent from Holidays Allover are free of viruses or other harmful components.

7. Limitation of liability

7.1 Holidays Allover assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access, use, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site.

7.2 Holidays Allover does not accept any liability for the acts, omissions or default of those service providers in connections with any contract between those service providers and yourselves.

7.3 Holidays Allover does not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.

8. Idemnification

You shall defend and indemnify Holidays Allover and any service providers and their officers, employees and agents from any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf by third parties as a result of your use of this site.

9. Links

This site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by Holidays Allover and we make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

10. Legal fees

If Holidays Allover or any service provider take any action to enforce the terms and conditions of this User Agreement they will be entitled to recover from you, and you agree to pay, all necessary legal fees and any cost of litigation, or other relief, to which such parties may be entitled.

11. Injunctive relief

You acknowledge that a violation or this User Agreement will cause such damage to Holidays Allover as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Holidays Allover shall be entitled a matter of right to an injunction issued by any court of competent jurisdiction, retraining such violation by you, or your affiliates, partners, or agents, as well as recover from you the costs and expenses incurred in obtaining this injunction, including reasonable legal fees. You agree that no bond or other security shall be required from Holidays Allover in connection with such injunction.

12. Modification

Holidays Allover may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

13. Severability

These terms and conditions are severable. In the event that any provision is determined to be unenforceable or invalid, this determination shall not affect the validity and enforceability of the remaining provisions.

14. Entire agreement

This User Agreement, together with the Booking Conditions referred to constitute the entire agreement between us and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

15. Governing law

This agreement shall be governed by the laws of the state of Queensland, Australia and the parties shall submit to the relevant courts nearest to Airlie Beach for the purpose of any litigation arising out of your use of this site and this Agreement. Any claim or cause of objection shall be heard by the Proserpine Magistrate Court, Bowen District Court or Mackay Supreme Court as the case may require.