Website Terms of Use

  1. This is a website operated by The Gull Airport Services ABN 26 944 610 381 (We, us) under the domain name "www.gull.com.au" (Site).
  2. Your use of the information, graphics and materials on the Site is governed by these terms of use. You agree that your use of the Site indicates your acceptance of these terms.
  3. There are also specific terms which may apply if you login, interact or purchase from the Site and you should familiarise yourself with these if applicable.

 

Links to other websites

  1. The Site may contain links to websites operated by third parties (Third Party Websites). We do not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (Third Party Material).
  2. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites or that Third Party Material does not infringe the intellectual property rights of any person.
  3. All statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party.

 

Content

  1. While we make every effort to ensure information is free from error, we do not warrant the accuracy, adequacy or completeness of content or material on the Site. All information is subject to change without notice. We do not guarantee that the Site will be free from viruses, or that access to the Site will be uninterrupted.
  2. You represent and warrant that you have all rights to content (including any text, data, graphics, images, video, audio, articles and other materials) you give us in the course of accessing the Site and your grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to access, display, reformat, modify, create derivative works or, excerpt, translate, distribute or otherwise use such content in connection with the Site.

 

Travel specific terms

  1. These terms include the conditions of contract and (where consistent with these terms) any notice on a ticket, our timetable booklets, schedules on the Site and notices on display at our offices.
  2. Subject to the provisions of relevant laws, we reserve the right to cancel or vary any services we provide as we see fit.
  3. We are not a common carrier and reserve the right to refuse to carry any passenger, luggage or goods without providing a reason.
  4. We may arrange for other persons to undertake the service to be provided by us (Other Operator) and Other Operator or their employees and agents will be protected by and entitled to the benefit of these terms and conditions to the same extent as us. We will not be in any way liable to you or any other person for any loss or injury (whether to person or property) suffered by you or any other person directly or indirectly resulting from any act or thing done or omitted (whether negligent or not) by such other person, agent or employee.
  5. No conditions of travel other than that endorsed on a ticket will be recognised. Verbal promises by any booking agent, clerk or otherwise will not be recognised.
  6. If a passenger is late for a scheduled service and has paid for a ticket, we may, subject to availability, reserve that passenger a seat on the next scheduled service. However, where the passenger is late for the last evening service, we will not be liable for the payment of any alternative transport or accommodation costs.
  7. Under no circumstances will we be responsible for any claim, loss or damage suffered by a passenger caused by use of the service by the passenger or the purchase of a ticket by the passenger, including without limitation loss or damage caused by delay, cancellation of the service or abandonment during the course of a service, accident, mechanical break down, loss of luggage, burglary, theft or fire, or any other act or neglect of our agents or employees acting within the course of their engagement by us.
  8. Should for any reason whatsoever it be necessary for the passenger to use means of transport or carriage alternative to those contracted with us, we will not be liable in any way for the cost of that transport or carriage and any additional expense arriving pursuant to that transport of carriage will be the liability of the passenger.
  9. Each paying passenger is allowed free of charge 1 standard pieces of luggage and 1 small bag. If the luggage exceeds these restrictions, and subject to available space, it may be carried by us by our sole discretion, though we may charge an extra amount for such luggage.
  10. The expression “the passenger” shall mean the person to whom this ticket is issued or who is carried by virtue of the ticket being issued;
  11. Tickets are fully transferable and are valid for a period of 12 months from the date of purchase. We will not issue a refund for any ticket purchased if the passenger fails to use our services.

 

Limitation of liability

  1. Subject to any liability implied by law and which cannot be excluded, we (and our officers, employees, contractor or agents) 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 arising out of or referable to your use of, or material on, the Site.
  2. Our liability for a breach of a condition or warranty implied by law and which cannot be excluded, is limited to the extent possible, at our 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.

 

Termination

  1. These terms of use (and the agreement constituted by your use of the information, graphics and materials on the Site) and your access to the Site may be terminated at any time by us without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by us will survive termination, however, you will no longer be authorised to access the Site.

 

Jurisdiction

  1. The terms of this Agreement are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

 

Copyright and trademark

  1. Copyright in the material on this website is owned or licensed by us.
  2. Except where necessary for viewing the Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on the Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
  3. We reserve any rights not expressly granted in these terms of use.

 

Copyright and trademark

  1. Subject to any applicable laws, we and/or people authorised by us may gather and process information which you may provide when accessing the Site, such as your name, address, email address, and other personal information about you, and regard the way in which you use the Site.

 

Acceptance and changes

  1. These are the current terms of use. They replace any other terms of use for the Site published on the Site. We may at any time vary the terms of use by publishing the varied terms of use.