Welcome to Yonda Holiday Club! We are an online marketplace that facilitates the booking of travel related services, including transport, accommodation, activities and more.
This is an agreement between:
Whoever you are, this agreement governs your use of the Platform and any Travel Services you offer to sell or purchase through the Platform. Please read this agreement carefully and do not proceed with registering an Account or otherwise engaging with Yonda in relation to the Platform if you do not agree to this agreement.
To help you read and understand this agreement, we’ve set out in the table below the definitions of key terms that you need to understand. You need to understand the key terms because we use them throughout this agreement.
If a key word is only used within a particular clause, the defined term is the words bolded and in brackets, and the meaning of the defined term is the words / sentence that comes before the bolded words.
|Booking||the acceptance and purchase of a Listing of Travel Services.|
|Booking Fees||has the meaning given in clause 6(a).|
|Commission||the percentage of a Provider’s Price that will be payable to Yonda as displayed on our website at the time of posting a Listing.|
|Traveller||any person that registers an Account on the Platform to purchase Travel Services.|
|Listing||a post on the Platform containing an offer to sell Travel Services.|
|Platform||this platform, having the URL www.yonda.com.au, and any other websites or applications owned or operated by Yonda with the same domain name and a different extension or otherwise for the same or similar purposes as this platform.|
|Provider||any person or entity who sells Travel Services directly to Travellers through the Platform.|
|Subscription||a Traveller’s chosen tier of membership with the Platform, as selected when registering an Account, and described in Schedule 1.|
|Subscription Fees||the fees that will be payable to Yonda for joining as a Traveller on the Platform, set out in Schedule 1 and clause 2(a).|
|the third party entity which handles any payments made through the Platform, being Stripe, and having their terms and conditions at https://stripe.com/au/legal.
|Provider’s Price||the amount nominated by the Provider as the amount payable to the Provider for the Travel Services.|
|Travel Services||any items or Travel Services offered for sale through the Platform by a Provider.|
|User||any person that uses the Platform in any capacity, including Providers and Travellers.|
Yonda is a passive conduit providing introductory services between Travellers and Providers. Yonda provides the Platform only. Yonda does not perform any part of the Travel Services itself.
This agreement governs your use of the Platform and:
Yonda and Providers may enter into separate agreements to govern the commercial relationship between Yonda and the Provider (Commercial Agreement). To the extent that any obligation under the Commercial Agreement is inconsistent with this agreement, the terms of this agreement shall prevail to the extent of any inconsistency. This clause is not intended to limit or otherwise affect a Provider’s obligation to pay Yonda any amount stipulated under a Commercial Agreement.
Providers may have their own terms and conditions (including refunds policies) that apply to a Booking and a Traveller’s participation in the Travel Services (Provider’s Terms). A Provider’s Terms must be provided to the Traveller at the time of making a Booking. In the event of any inconsistency between this agreement and Provider Terms, the Provider Terms will prevail to the extent of such inconsistency (including in relation to refund policies). This clause is not intended to limit or otherwise affect a Traveller’s obligation to pay the Subscription Fee to Yonda.
You must not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you are purchasing Travel Services on behalf of another individual, company or organisation, you warrant that you have the necessary authority from that individual, company or organisation to do so.
In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account). Providers may be able to access the Platform without an Account if a Commercial Agreement provides another means for the Provider to create Listings.
As part of the Account registration process and as part of your continued use of the Platform as a Traveller, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Yonda from time to time.
You warrant that any information you give to Yonda in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Once you complete the Account registration process, Yonda may, in its absolute discretion, choose to accept you as a registered Traveller within the Platform and provide you with an Account.
Yonda reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Yonda may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
Upon registration of an Account as a Traveller, the Traveller will be prompted to choose a subscription tier as set out in Table 1 below (Subscription).
Travellers are entitled to a 30-day free trial, starting from the date of Account registration.
Upon expiry of the trial period, without further notice to Travellers, Travellers will become immediately liable to pay the Subscription Fees applicable to their chosen Subscription as set out in Table 1 below (Subscription Fee).
Table 1: Yonda Subscription Fees
|GO Yonda||Go Deals, Go Further subscription, virtual membership card||FREE / month|
|Premium Yonda||GO Yonda inclusions + Insider Deals, VIP Discounts||$9.95 / month|
|Ultra Yonda||Premium Yonda Inclusions + Tour and Attraction Discounts, Exclusive Event Invites, VIP Concierge Service, Free Stays, Cruise Discounts||$19.95 / month|
Travellers acknowledge and agree that:
Your subscription will continue for the chosen subscription period set out in Schedule 1. If it’s specified in Schedule 1 that your Subscription automatically renews, it will automatically renew in accordance with Schedule 1 indefinitely, and you must pay the Subscription Fees in respect of each period, unless you notify us within 30 days of the expiry of the then current period that you want to cancel your Subscription. Otherwise, we will continue to debit the Subscription Fees from your account for each Subscription period. By choosing a recurring payment Subscription, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
Listings may be posted for travel-related products and services (Travel Services).
As a Traveller, you acknowledge and agree that any special requests or specific requirements related to Bookings should be directed to and confirmed with the Provider.
A Listing may be removed, by a Provider or Yonda, and become unavailable at any time prior to a Traveller making payment for the Travel Service.
All Listings will be accompanied by Booking Fees, which is expressed in Australian dollars and is made up of:
Once a Traveller accepts a Listing and makes a Booking, the Traveller will be prompted to pay the Booking Fees via the Third Party Payment Platform.
The Traveller must pay the Booking Fees in full at the time of the Booking, unless otherwise expressly specified in the Listing by the Provider. Requirements for a deposit for certain accommodation may vary and will be advised in the Listing by the Provider.
The Traveller will receive a confirmation of their Booking made via the Platform once payment has been received by the Third Party Payment Platform. Yonda receives the right to cancel a Booking if payment is not made by a Traveller.
After the Third Party Payment Platform receives payment from the Traveller, Yonda will ensure that the Third Party Payment Platform transfers:
The Third Party Payment Provider will retain any transaction fees it charges. Any credit card surcharges will be transferred to Yonda and are non-refundable under any circumstances (unless the provider institution provides a refund to you).
Yonda reserves the right to change or waive the Commission at any time by updating the amount displayed on the Platform. The amount displayed on the Platform at the time of posting a Listing is the Commission that will apply to that Listing.
Providers are responsible for the collection and remission of all taxes associated with any transactions made through the Platform. Yonda will not be held accountable in relation to any transactions where tax related misconduct has occurred.
A Listing constitutes the Provider’s offer and intention to enter into a binding contract with a Traveller for the sale of the Travel Services.
When a Traveller accepts a Listing and makes a Booking, this forms a binding contract between the Provider and that Traveller, where the Provider will provide the Traveller with the Travel Services in the Booking in exchange for payment of the Booking Fees.
Travellers acknowledge and agree that Yonda will not be a party to any contract for the sale of Travel Services through the Platform.
Yonda reserves the right to remove any Listing for any reason without notice and without liability to the Provider or any potential User.
Users acknowledge and agree that some Listings may be posted or available for a specified time period only and Users should have regard to those specified time limits for the purpose of determining whether and when to confirm your purchase of those Travel Services.
If a Provider becomes unable, wholly or in part, to carry out an obligation under this agreement, due to a Force Majeure Event, the Provider must give to the Traveller prompt written notice of:
Subject to compliance with clause 8(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
The Provider must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
If the Provider is unable to overcome or remove the Force Majeure Event, or otherwise provide alternatives to perform their obligations, the Provider must provide a full refund to the Traveller (subject to the Provider’s refund policies provided to the Traveller prior to making a Booking).
For the purposes of this agreement, a ‘Force Majeure Event’ means any:
CANCELLATION BY A PROVIDER
Subject to clause 8, a Provider must endeavour not to cancel a Booking once payment has been made by the Traveller.
If a provider needs to cancel a Booking once payment has been made, the Provider must:
If a provider cancels a booking in accordance with this clause:
CANCELLATION BY A TRAVELLER
Once a traveller has made payment for Travel Services on the Platform, any changes to bookings by Travellers, including but not limited to changes of names, dates or destinations (Changes) or cancellations of any Bookings (Cancellations) must be made directly to the Provider, subject to the Provider’s terms and conditions in relation to Changes and Cancellations.
Providers may impose additional fees to Travellers in relation to any Changes or Cancellations by Travellers.
Any Traveller complaints or refund requests in relation to any Bookings or Travel Services should be made directly to the Provider and are subject to the Provider’s own policies or terms and conditions.
Any Subscription Fees and Commission received by Yonda are non-refundable unless Yonda has materially breached this agreement.
Correspondence between Users must take place on the Platform. Users must ensure that their Account does not display any of their personal contact information at any time such that it can be viewed by any other User. Users agree to not give their contact details to any other User.
Users agree that they must not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any other User whom they came to know about, or with whom they provided Travel Services to directly or indirectly, by using the Platform. This provision will apply whether or not either of the Users is still active on the Platform.
Yonda may, in its absolute discretion, cancel an Account and suspend a User from using the Platform if it finds or suspects that the User has breached this clause 11.
Users acknowledge and agree that:
As a User, you agree:
By providing or posting any Listings, questions, information, materials or other content on the Platform (Posted Content), you represent and warrant that:
All Users grant to Yonda a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Content in order for Yonda to use, exploit or otherwise enjoy the benefit of such Posted Content, including for advertising and promotional purposes.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Content, you forever release Yonda from any and all claims that you could assert against Yonda by virtue of any such moral rights.
You indemnify Yonda against all damages, losses, costs and expenses incurred by Yonda arising out of any third party claim that your Posted Content infringes any third party’s Intellectual Property Rights.
Yonda acts as a passive conduit for the online distribution of Posted Content and has no obligation to screen Posted Content in advance of it being posted. However, Yonda may, in its absolute discretion, review and remove any Posted Content (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Content.
You agree that you are responsible for keeping and maintaining records of Posted Content.
14.4 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Yonda accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Yonda cannot and does not represent, warrant or guarantee that:
You agree that:
16.3 INTELLECTUAL PROPERTY
Yonda retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Yonda or as permitted by law.
In this clause 15(e), “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
16.4 RECORDS AND AUDITS
To the extent permitted by law, Yonda reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, User posts, bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Yonda.
You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
Yonda will not be responsible or liable for resolving any complaints between Users in relation to Travel Services or another User of the Platform. If you report any complaints or disputes to Yonda, Yonda may refer you to a mediator or arbitrator to assist in resolving your dispute. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
Yonda reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a User a refund.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
If you have a dispute with Yonda, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 17, you or Yonda may at any time cancel your Account or discontinue your use of the Platform.
All Travellers are strongly encouraged to purchase travel insurance from a reputable insurance provider prior to engaging in the Travel Services.
Travellers acknowledge and agree that use of this Platform or the payment of any Subscription Fees does not include or constitute the purchase of any travel insurance of any kind.
By using the Platform and purchasing Travel Services, you agree and acknowledge that there are inherent risks with travel and that you will be solely responsible for mitigating your risks and obtaining your own travel insurance.
(Security) Yonda does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(Introduction service) Yonda is a medium that facilitates the introduction between Travellers and Providers for the purposes of buying and selling Travel Services. Yonda simply collects a Commission in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Travellers and Providers in relation to such Travel Services or otherwise resulting from the introduction.
(Limitation of liability) To the maximum extent permitted by applicable law, Yonda excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform for its use or any Travel Services provided by any Provider. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Yonda’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(Indemnity) You agree to indemnify Yonda and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Yonda be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
Yonda reserves the right to terminate a User’s access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
In the event that a User’s Account, access or membership is terminated:
Users may terminate their Account or membership on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Yonda will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account or membership or this agreement, any provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
A notice or other communication to a party under this agreement must be:
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.