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 (Terms). 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
4. 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).
5. 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.
6. All statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party.
Content
7. 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.
8. 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
9. 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 are incorporated into these Terms. If there is any inconsistency between these Terms or any other notice prepared by us, these Terms will prevail to the extent of the inconsistency.
10. Subject to the provisions of relevant laws, we reserve the right to cancel or vary any services we provide as we see fit.
11. We are not a common carrier and reserve the right to refuse to carry any passenger, luggage or goods without providing a reason.
12. 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 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.
13. 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.
14. For the avoidance of doubt, and subject to clause 9, these Terms represent the entire agreement between the parties in relation to our services and supersedes all prior discussions, negotiations, understandings and agreements in relation to those services (whether with us or any third party).
15. If a passenger fails to board a scheduled service for which the passenger has a valid ticket, and has paid for such ticket, we may, subject to availability, reserve that passenger a seat on the next scheduled service. However, where the passenger fails to board the last evening service, we will not be liable for the payment of any alternative transport or accommodation costs.
16. We reserve the right, in the event of a ticket or booking cancelled by a passenger, to charge a cancellation fee which represents our reasonable costs, expenses, and loss in relation to such cancellation. Our refund policy detailed in clause 21 will apply.
17. Subject to the section “limitation of liability” below, under no circumstances will we be responsible for any claim, loss or damage suffered by a passenger caused by use of our services 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.
18. Should for any reason whatsoever a passenger 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.
19. Each paying passenger is allowed free of charge 2 pieces of luggage with a maximum linear dimension of 66cm (i.e. length and width and depth). 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 at our discretion.
20. The expression “the passenger” means the person to whom this ticket is issued or who is carried by virtue of the ticket being issued.
21. 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
22. 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.
23. If you are a consumer under the Australian Consumer Law (ACL), and our services come with guarantees that cannot be excluded under the ACL, and you are entitled to:
a. your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; or
b. our choice of having the services replaced or refunded if failure does not amount to a major failure.
We’ll do this within a reasonable time. To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms or any warranty document given at the time of supply.
24. Where the ACL applies, our liability under the ACL is limited, at our option (and provided it is fair and reasonable to do so), to one or more of the following:
a. re-supplying the services again; or
b. reimbursing you the cost of having someone else supply services.
Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any:
c. loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss;
d. loss caused by events falling outside our reasonable control; and
e. indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses you might suffer as a result of unauthorised access to information we hold.
Force majeure
25. We will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond our reasonable control.
Unfair terms to be read down
26. If any law making unfair contract terms void or unlawful could apply to a term in these Terms, the following rules apply to interpreting that term:
a. if the law would make the term void or unlawful because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way.
b. if the law would make the term void or unlawful because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void or unlawful.
27. If, despite the application of this clause, the law would make the term void or unlawful, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void or unlawful.
28. Further, if any portion of these Terms are deemed by a Court of competent jurisdiction to be invalid other than in relation to unfair contract terms, then the remainder of these Terms shall remain in full force and effect and the offending provision or provisions severed.
Termination
29. 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
30. These Terms are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Copyright and trademark
31. Copyright in the material on this website is owned or licensed by us.
32. 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.
33. We reserve any rights not expressly granted in these Terms.
34. 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.
Indemnity
35. You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions or breach of these Terms, or use of the our services.
Variations
36. We may amend these Terms at any time by posting such amendments on the Site. In relation to any booking prior to the variation to our Terms, you will be bound only to the version of the Terms in force at the time of that booking.
Disputes
37. If a dispute arises under these Terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
38. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
39. Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
Waiver
40. A provision of these Terms, or right, power or remedy created under them, may not be varied or waived except as agreed in writing.