Terms and conditions

SUMMARY

  • Below is a summary of some key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.
  • Use of the Sites is subject to all of the Terms set out below – if you don’t agree to the terms, please stop using the Sites immediately.
  • The Sites are for your personal use only and may not be used for any commercial purposes.
  • Except for certain travel insurance products, the Sites are for use by customers who are located in the UK only.
  • Except for certain motor insurance products for young drivers, the Sites may only be used by over-18s.
  • Our comparison service is free for you to use. When you buy a Product through our Sites, we receive a fee and/or commission from the provider.
  • It’s your sole responsibility to ensure that the information you provide when using any of the Sites is accurate and complete. If it isn’t, a Product that you obtain via our Sites may not be valid and you may be subject to additional premiums or charges.
  • It’s also your sole responsibility to ensure that the product matches your requirements.
  • If you buy a Product through our Sites, you will also be subject to the provider’s terms of use and privacy policy (which will be different from ours) and you should read those carefully.
  • We may amend these terms and conditions at any time and without notice by changing this page, so you should check these Terms of Use each time you use the Sites.

PART 1 (Applicable to all products)

1. Introduction

Who are we?

The Sites are owned and operated by the Travel Cartel. The Travel Cartel includes the brands Rentalcartel, Cruisecartel, Campercartel, Kiwicartel, Aussiecartel and Easytripper

Definitions

In these Terms of Use:

  • “Product” means any third party product or service that we display on our Sites;
  • “Site” means any mobile applications or other similar devices, channels or applications operated by or on behalf of any of the following brands:
  • Travelcarte.com and (referred to collectively as the “Sites”); and
  • “you” and “your” means any person who accesses and uses the Sites.

How to use these Terms of Use

These Terms of Use are divided into two Parts. Part 1 applies to all our Products – sections 3 and 4 of Part 1 are especially important as they limit our liability to you and set out your responsibilities. Part 2 contains additional terms in relation to specific Products.

Your acceptance of these Terms of Use

Access to and use of the Sites are subject to these Terms of Use and our Privacy Policy. By accessing and using the Sites you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to access and use the Sites and you should stop using and/or accessing them immediately. If you breach any term of these Terms of Use, your right to access and use the Sites will cease immediately.

Changes to these Terms of Use

We reserve the right to amend these Terms of Use from time to time without notice by amending this page. The amended Terms of Use will be effective from the date they are posted on the Sites. As these Terms of Use may be amended from time to time, you should check them whenever you visit the Sites. Your continued use of the Sites will constitute your acceptance of the amended Terms of Use.

How to contact us

a. If you have any questions about these Terms of Use, or would like to contact us for any other reason, you can contact us:

  • by post Travel Cartel,P.O.Box 567 Christchurch New Zealand
  • by telephone: +64 274 966 111
  • by email: info@travelcartel.com

b. If you are dissatisfied with any aspect of our Sites or our service, and would like to make a complaint, see Complaints below.

c. Telephone calls that you make to our customer services help line may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line is available Monday to Friday 9.00am to 5.30pm.

2. Our Sites

Our service

We provide an independent online service which enables you to research and travel by third parties. Our comparison service is free for you to use. We receive a fee and/or commission from providers when you use our service to purchase Products. Our customer services team is available to support with any offline queries.

Permitted use

a. The Sites are for your personal, non-commercial use only. They may only be accessed and used by a private individual or by a business to seek a Product directly for that individual or business. Access to and use of the Sites other than for your personal, non-commercial purposes is strictly prohibited.

b. You are not permitted to use the Sites:

  • in any unlawful, fraudulent or commercial manner;
  • to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
  • to create, check, confirm, update, modify or amend another person’s records;
  • to tamper with, modify, reverse engineer or amend any part of this Sites;
  • in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems; or
  • with any automated software, process, program, robot, web crawler, spider, data mining, trawling or other “screen scraping” software, process, program or system.

c. Except for certain motor insurance products for young drivers, the Sites are intended for the use of over-18s only.

d. You may operate a link to the Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to the Sites in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to remove any link to the Sites immediately and at any time and we may withdraw any linking permission at any time

Intellectual Property

a. The trade marks, copyright, database rights and other intellectual property rights in the Sites and in the information, content, material or data that we display on the Sites belong to us or our licensors and all such rights are reserved.

b. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on the Sites for your own personal, non-commercial use, subject to the following conditions:

  • it may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent;
  • the copy must retain any copyright or other intellectual property notices contained in the original material;
  • images displayed on the Sites are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of the owner(s);
  • no logos, trade marks or service marks displayed on the Sites may be printed or downloaded, except as part of the text of which they form part;
  • you must not modify the paper or digital copies of such information, content, material or data;
  • it may not be excerpted, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent; and
  • the status of us and our licensors as the authors of such information, content, material or data must be acknowledged.

c. All rights in Travelcartel.com and it’s affiliate websites are owned by us.

d. You will retain ownership of any content that you submit, or otherwise make publicly available on or through the Sites (“User Content”). You grant us a perpetual, irrevocable, transferable, worldwide, royalty-free and unlimited license to use such User Content in any manner and for any purpose. Additional terms and conditions in relation to User Content (including discussion forums and user reviews) are set out in Part 2.

Payments

a. You agree to pay any fees and/or other charges incurred by you in accordance with any payment provisions set out on the Sites.

b. In general, payment for a Product will be made on the relevant third party website when applying for that Product.

c. Where full payment for a Product is required on the Sites (for example, for travel insurance products), it should be made in the secure area of the Sites at the time of application for the Product. Payment methods other than those stated on the Sites will not be accepted. If necessary, we may pass your card details and personal details to the relevant third party, who may take payment for the Product in accordance with its terms and conditions. We may charge you any handling fees that we or the relevant third party may incur in respect of your application. We will always inform you of any such charges before they are incurred.

d. You may apply for travel insurance through the Sites. You will need to provide details of the type of insurance you require together with details of the persons who will be covered and the start date of the policy. You will then be directed to a payment section of the Sites where you can then apply for the travel insurance product you have chosen. When you apply for travel insurance through the Sites, we are acting on behalf of the travel insurance providers as their agents. We will receive payment of your premium from you as agent for the relevant insurer. Any claims money or refund of premium we receive from the insurer in respect of your insurance is also received by us as agent of the insurer. Any contract entered into for any travel insurance product will be between you and the travel insurance provider. By providing you with a quote we are not making an offer on behalf of the travel insurance provider to contract with you on those terms. Instead, by submitting your details, you are making an offer to purchase the relevant travel insurance product from the travel insurance provider on the terms set out. The contract will be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted.

Security

We subscribe to the latest in internet security standards so you can shop with confidence online. When you enter a protected area, a small padlock or key will be displayed at the bottom of the screen indicating that you have a secure connection with us. You can rest assured that the information you supply is encrypted and cannot be read by anyone else.

Paragraphs 3 and 4 below are important and you should read them carefully as they exclude or limit our liability to you and detail your responsibilities.

3. Your responsibilities

You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Sites and/or your User Content and/or your breach of these Terms of Use.

Your personal information and User Content

a. Our service allows you to search for and compare various types of Products from different providers. You will need to answer a number of questions on the Sites in order to compare or obtain a quote for any Product. These questions are designed to ensure that we and all relevant Providers have all the information necessary to provide you with appropriate and timely information relating to the products in which you are interested. Aspects of a Product such as the level of cover (if applicable) and the amount you will pay will be determined by the answers you provide to these questions. It is therefore very important that you answer all of the questions truthfully, completely and accurately and that you disclose all relevant facts. Failure to do so could invalidate the Product you purchase. If you are applying for an insurance product, for example, this could mean that you have no insurance cover. If your insurance product is invalid, claims may not be paid and you could be responsible for any third party costs if any event occurs where you would otherwise have been covered by the insurance product. In order to apply for a Product, you must contact the relevant provider.

b. If you are in any doubt as to whether any information is relevant or required to be disclosed or that something may be incorrect you should disclose it to your proposed provider before you apply for a Product. If, for example, you are applying for an insurance product and do not provide all such information, or if you fail to tell your proposed insurance provider about any circumstances likely to influence their assessment of the risks involved, your proposed insurance provider may be able to treat your insurance policy as invalid.

c. Before you obtain any Product from a provider, you must check all of the information, content, material or data the provider holds about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data before you obtain any Product. Failure to do so could invalidate the Product.

d. You must get permission from any other person whose information you intend to provide on the Sites before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

e. You must ensure that your User Content complies with the guidelines set out inthese Terms of Use.

f. You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content) is free from viruses and anything else which may have a harmful effect on any part of the Sites or the websites of third parties or any other technology.

g. If you create any usernames and passwords when using the Sites, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Sites using your username, password and/or other identification information.

Suitability of Products

a. The Products displayed on our Sites are not provided by us but by third parties over whom we do not have control.

b. You should always check the suitability, adequacy and appropriateness of the Product that is of interest to you. It is your responsibility to satisfy yourself that you wish to obtain any Product before applying for it. If you are in any doubt as to the suitability, adequacy or appropriateness of any Product referred to on the Sites, we suggest that you seek independent professional advice before you obtain it.

c. The Sites provide information on a wide range of products and services but there may be other products or services available on the market which are not shown on the Sites and which may be more appropriate or suitable for you than those shown on the Sites.

Third party websites and services

a. Your use of any Provider websites and your obtaining of any Products will be subject to the Provider’s own terms and conditions (which will be different from ours). It is very important before you apply for any Product that you carefully read the accompanying terms and conditions, the Provider’s terms and conditions and any other documentation that applies to the Product. You must familiarise yourself with all the details of the product, for example:

  • for insurance products, the restrictions, exclusions, conditions and obligations which apply to the insurance product;
  • for money products, the interest rate, any early redemption charges, restrictions, exclusions, conditions and obligations which apply to the product;
  • for travel products, the minimum check in times, cancellations or modifications of bookings, refunds, visa or passport requirements, vaccination requirements, restrictions, exclusions, conditions and obligations which apply to the product; and
  • for home services products, the restrictions, exclusions, conditions and obligations which apply to the product.

b. Any links to third party websites on our Sites or in our emails are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have control. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).

4. Our responsibilities and our liability to you

The information on our Sites

a. We aim to ensure that the material on the Sites (excluding, if applicable, any User Content) is accurate. We also try to correct any errors or omissions as soon as we can after being notified of them. However, we are not able to guarantee that the material on the Sites is accurate and free from errors or omissions at all times. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Sites at any time and without notice.

b. Information on the Sites is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the Product that you feel is most appropriate to meet your needs.

c. The information and descriptions of Products on the Sites may not represent the complete descriptions of all the features and terms and conditions of those Products. You must ensure that you carefully read all the features and terms and conditions (including those contained on the provider’s Site) of any Product before applying for it.

d. Some of our channels provide you with access to third party websites that host reviews about products and services. Sometimes you may also be able to access user reviews directly on the Sites. The views expressed in any such reviews do not represent our views or the views of our associated companies.

Availability of the Sites

We aim to provide uninterrupted access to the Sites but we give no warranty on this. We reserve the right to suspend, restrict or terminate your access to the Sites at any time.

Exclusions of our liability

a. Subject to the paragraph immediately above, we do not accept any responsibility or liability for any loss or damage you may incur:

  • if any information, content, material or data you provide on the Sites is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
  • in the event that any Product you apply for does not meet your requirements or is not suitable for you;
  • in connection with the accuracy or content of any reviews of products or services displayed on our Sites or on any other website that you may access via our Sites;
  • for any acts, omissions, errors or defaults of any third party in connection with that product or service;
  • which are indirect or not foreseeable by us when you accessed or used the Sites;
  • arising from an inability to access the Sites, from any use of the Sites or from reliance on the data transmitted using the Sites where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
  • in connection with any act, omission, error or default by any investment fund or ISA provider or any other third party in the provision of any product or service, or the execution of, or any investment made by you; or
  • in connection with any voucher codes that you obtain via our Vouchers channel.

c. We do not give any warranty that the Sites are free from viruses or anything else which may have a harmful effect on any technology.

5. Complaints

a. We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact our Customer Services Team.

b. We will aim to send you a formal acknowledgment of your complaint within 48 hours and to resolve it as soon as possible. After we have had an opportunity to investigate your concerns, we will issue you with a final response

c. If you are unhappy with any product or service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact our Customer Services Team who will be happy to assist.

6. Legal

a. If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

b. These Terms of Use, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us relating to your access to and use of the Sites and supersede any prior agreements (including any previous terms of use of the Sites).

c. No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

d. These Terms of Use and your access to and use of the Sites shall be governed by and interpreted in accordance with New Zealand  law.

e. Each of you and us submits to the exclusive jurisdiction of the courts of New Zealand  in connection with these Terms of Use and your access to and use of the Sites (including any claims or disputes).

PART 2 (Product specific terms)

6. User generated content (including User Content)

a. You are not permitted to use the Sites to:

  • collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications;
  • promote or encourage illegal activity;
  • do anything that is unlawful, harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way;
  • do anything which violates the rights of others (such as rights of privacy);
  • impersonate any other person or falsely state or otherwise misrepresent yourself;
  • upload, post, transmit, distribute, share, store or otherwise make publicly available any personal information of any other person including names, addresses, phone numbers and email addresses;
  • upload, post, transmit, distribute, modify, reproduce, share, store or otherwise make publicly available any information, material, data or content that infringes any patent, trade mark, trade secret, copyright or other intellectual property right of any other person;
  • send any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of such solicitation; or
  • post links to alternative community groups or forums except with our prior written consent.

b. We reserve the right, but have no obligation, to review or monitor any User Content. We are not responsible or liable for the review or monitoring of any User Content.

c. We reserve the right to close, delete, edit, refuse to post, amend, modify or remove (without notice) any User Content at our sole discretion for any reason, including but not limited to User Content that in our sole opinion breaches these Terms of Use.

d. If you consider that any User Content breaches these Terms of Use or the User Content Standards, please email info@travelcartel.com

We reserve the right to amend or modify these Terms of Use at any time and any changes will be published on the Sites.