The material on the Website is the copyright (© 2008) of the Gull or used with permission from other copyright owners.
The website is available for you to access conditional on your acceptance without alteration of the following terms and conditions. By continuing to access the website you are agreeing to the terms and conditions set out below which incorporate the terms upon which Gull will provide you with transport and upon which a ticket will be issued.
1. Use of material on the Website
1.1. You may not use the Website, or the material contained on it, for any purpose.
1.1.1. the reproduction of the material;
1.1.2. the distribution of the material;
1.1.3. re-transmission of the material by any medium of communication;
1.1.4. uploading and/or reposting the material to any other site on the WWW;
1.2. Gull reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
1.2.1. re-sold and/or re-distributed in any material form;
1.2.2. stored in any storage media; and/or
1.2.3. re-transmitted in any media, without the prior written consent of Gull.
2. Links to other Websites
2.1. The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Gull.
2.2. In relation to the other sites on the WWW, which are linked to the Website, Gull:
2.2.1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the owner of the linked site; and
2.2.2. is not responsible for the material contained on those linked sites.
3.1. To the full extent permitted by law the Gull disclaims any and all warranties,
express or implied, regarding:
3.1.1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
3.1.2. merchantability or fitness for any particular purpose of any service of Gull contained or referred to on the Website and/or on any linked sites.
3.2. Gull will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
3.2.1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
3.2.2. using or acquiring, or your inability to use or acquire, any service of Gull contained or referred to on the Website and/or any linked sites.
4. Use of Information Gathered
4.1. Gull and/or people authorised by it may gather and process the information:
4.1.1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
4.1.2. regarding the way in which you use the Website.
5. Travel Specific Terms
5.1. These terms include the conditions of contract and (where consistent with these terms) any notice on a ticket, Gull time table booklets, schedules on our website and notices on display at Gull offices.
5.2. Subject to the provisions of the Transport Act 1983 Gull reserves the right to cancel or vary any services it provides as it sees fit.
5.3. Gull is not a common carrier and reserves the right to refuse to carry any passenger, luggage or goods without providing a reason.
5.4. Gull may arrange for other persons to undertake the service to be provided by Gull (other operator) and such person and his servants and agent shall be protected by and entitled to the benefit of these terms and conditions to the same extent as Gull. Gull shall not be in any way liable to the passenger or any other person for any loss or injury (whether to person or property) suffered by the passenger or any other person directly or indirectly resulting from any act or thing done or omitted (whether negligent or not) by such other person, servant or employees.
5.5. 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.
5.6. If a passenger is late for a scheduled service and has paid for a ticket, Gull subject to availability will reserve that passenger a seat on the next scheduled service. However, where the passenger is late for the last evening service, Gull shall not be liable for the payment of any alternative transport or accommodation costs.
5.7. Gull reserves the right, in the event of a ticket or booking cancelled by a passenger to charge a cancellation fee. Gull’s refund policy detailed in clause 5.12 will apply.
5.8. Under no circumstances shall Gull 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 or damage to luggage, burglary, theft or fire, or any other act or neglect of Gull’s servants, agents or employees acting within the course of their employment.
5.9. Should for any reason whatsoever it be necessary for the passenger to use means of transport or carriage alternative to those contracted with Gull, Gull will not be liable in any way for the cost thereof and any additional expense arriving pursuant thereto shall be the liability of the passenger.
5.10. 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 subject to available space it will be carried by Gull, though Gull may charge an extra amount for such luggage.
5.11. 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;
5.12. Tickets are fully transferable and are valid for a period of 12 months from the date of purchase. Gull will provide a full refund on a fare paid less fare used basis, less an administration fee of $10.00 on any unused sector, providing the ticket is presented within 12 months of the date of the purchase.
5.13. Except as otherwise provided by these terms, to the extent permitted by law any liability of Gull or any other operator for a breach of any provision of or term implied by Div 2 of Part V of the Trade Practices Act 1974 (Cth) (as amended) or equivalent state legislation shall not exceed resupply of the service in question or payment of the cost of resupply.
6. Relevant jurisdiction
6.1. These terms of access and use will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws.
6.2. You agree to the jurisdiction of the courts in the State of Victoria and of the Commonwealth of Australia to determine any dispute arising out of these terms of