Customer terms of service

      Updated 13 July 2022

      Table of contents

      A1. About these terms

      1. When you complete your booking, you accept these Terms and any other terms that you’re provided with during the booking process.
      2. If anything in these Terms is (or becomes) invalid or, unenforceable: it will still be enforced to the fullest extent permitted by law you will still be bound by everything else in the Terms.
      3. These Terms are laid out like the following: Section A: general terms, for all types of Travel Experiences. Sections B to F: specific terms, for just one type of Travel Experience: Section B: Accommodations Section C: Attractions If there’s any mismatch between general and specific terms, the specific terms will apply.
      4. The English version of these Terms is the original. If there’s any dispute about the Terms, or any mismatch between the Terms in English and in another language, the Terms as they appear in English will apply. You can change the language at the top of this page.

      A2. About zokutravel.com

      1. When you book an accommodation, attraction, car rental or transfer, Zoku Travel provides and is responsible for the Platform itself – however not the Travel Experience itself (see 4.1-3 below).
      2. Zoku Creators are not responsible for the platform or the Travel Experience itself.
      3. Zoku Travel works with companies that provide local support services (e.g. customer support and/or account management). These companies do not: control or manage our Platform have any legal or contractual relationship with you represent us, enter into contracts or accept legal documents in our name operate as our ‘process or service agents’.

      A3. Our Platform

      1. Zoku Travel takes reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate as we get information from the Service Providers. To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, although we will do everything we can to correct/fix them as soon as we are made aware.
      2. We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
      3. Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.
      4. To make a booking, you may need to create an account. Please make sure all your info (including payment and contact details) are correct and up to date, or you might find you can’t access your Travel Experience(s). You’re responsible for anything that happens with your Account, so please do nor share, or let anyone else use it. We advise you to keep your username and password secret.
      5. We will show you the offers that are available to you, in what we understand is the right language for you. You are able to change to another language whenever you like.
      6. Unless otherwise indicated, you need to be at least 16 to use the Platform.

      A4. Prices

      When you make a booking on the Platform you agree to pay the cost of the Travel Experience, including any charges and taxes that may apply. Obvious errors and misprints are not legal binding. For example: if you book a night in a luxury suite that was mistakenly offered for $5, we may simply cancel that booking and refund anything you’ve paid. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, 'non-rounded' price

      A5. Payment

      1. For some products/services, the Service Provider will require an Upfront Payment and/or a payment taken during your Travel Experience. If we organise your payment, we, or, in some cases, our affiliate in the country your payment originates from, will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. In this case, your payment constitutes final settlement of the 'due and payable' price. If the Service Provider charges you, this will usually be in person at the start of your Travel Experience, but it could also be (for example) that your credit card is charged when you book, or you pay when you check out of your Accommodation. This depends on the Upfront Payment policy of the Service Provider as communicated to you in the booking process.
      2. If the Service Provider requires an Upfront Payment, it may be taken or pre-authorised when you make your booking, and it may be non-refundable. So before you book, please check the Service Provider’s Upfront Payments policy (available during the booking process), which we are not responsible for.
      3. If the currency selected on the Platform isn't the same as the Service Provider's currency, we may: show prices in your own currency You’ll see our Currency Conversion Rate during checkout, in the Booking details of your Account, or (if you don’t have an Account) in the email we send you. Your card issuer may charge you a foreign transaction fee.
      4. We will store your Payment Method details for future transactions after collecting your consent.
      5. If you know of or suspect any fraud or unauthorised use of your Payment Method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess.

      A6. Our values

      1. The customer will: abide by our values cooperate with any anti-fraud/anti-money laundering checks we need to carry out comply with all applicable laws use the Travel Experience and/or Platform for their intended purpose not use the Platform to cause a nuisance or make fake bookings not cause any nuisance or damage, and not behave inappropriately to the Service Provider’s personnel (or anyone else, for that matter).

      A7. Policies

      1. When you make a booking, you accept the applicable policies as displayed in the booking process. You will find each Service Provider's cancellation policy and any other policies (age requirements, breakfast, cards accepted, security/damage deposits, breakfast, pets, extra beds, additional supplements for group bookings etc.) on our Platform, on the Service Provider information pages, during the booking process, in the fine print, and/or in the confirmation email or ticket.
      2. If you cancel a booking or don’t show up, any cancellation/no-show fee and any refund will depend on the Service Provider’s cancellation/no-show policy.
      3. Some bookings can not be cancelled for free, while others can only be cancelled for free before a set deadline.
      4. If you book a Travel Experience by paying in advance (including all price components and/or a damage deposit if applicable), the Service Provider may cancel the booking without notice if they can't collect the balance on the date specified. If they do, any non-refundable payment you’ve made will only be refunded at their discretion. It's your responsibility to make sure the payment goes ahead on time and that your bank, credit card, debit card details are correct, and that there's enough money available in your account to process the booking.
      5. If you are not going to arrive on time, please contact your Service Provider and tell them when they can expect you, so they don't cancel your booking. If you’re late, we are not liable for the consequences, including but not limited to the cancellation of your Booking, or any fees the Service Provider may charge.
      6. As the person making the Booking, you are responsible for the actions and behaviour in relation to the Travel Experience for everyone on the booking. You are also responsible for obtaining their permission before providing us with their personal data.

      A8. Privacy and cookies

      If you book an accommodation or attraction, please see our Privacy Policy for more information on privacy, cookies, and how we might contact you and process personal data.

      A9. Accessibility requests

      If you have any accessibility requests: about your Travel Experience (wheelchair access, walk-in showers etc.), please contact your Service Provider - or the airport, train station, etc. about our Platform and/or services, please contact our Customer Service team on your booking.

      A10. Intellectual property rights

      1. Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look & feel, etc.) are owned by zokutravel.com (or its licensors) and by using our Platform you agree to do so for its intended purpose only and respecting the conditions set out below in paragraphs 14.2 and 14.3.
      2. We monitor our Platform, and will block anyone (and any automated systems) we suspect of: using any device or software to gather prices or other information conducting an unreasonable amount of searches doing anything that places undue stress on our Platform.
      3. You are not allowed to monitor, download, copy, crawl, scrape, reproduce or otherwise use anything on our platform for any commercial purpose without written permission of zokutravel.com or its licensors.
      4. We keep a close eye on every visit to our platform, and we’ll block anyone (and any automated system) we suspect of: doing anything that places undue stress on our platform. using any device or software to gather prices or other information conducting an unreasonable amount of searches
      5. By uploading any picture to our platform (with a review, for example), you’re confirming that it complies with our image criteria and that: it doesn’t breach any copyright laws and you’re allowed to share it with us it doesn’t infringe the privacy rights of other people we’re allowed to use it on our platform and in relation to further commercial purposes, including in a promotional context, everywhere, forever it doesn’t contain any viruses it’s truthful, authentic and you haven’t altered the picture, or uploaded a picture of a different property. you accept full responsibility for any legal claims against Zoku Travel related to it.
      6. Zoku Travel is not responsible and liable for any picture uploaded to our Platform, we’re allowed to remove any picture upon our discretion (for instance, if we detect that a picture does not meet the above criteria).

      A11. What if something goes wrong?

      1. If you have a query or complaint, please contact our Customer Service team. You can do this by accessing your booking or through our Help Centre. We can help you as quickly as possible, if you provide: your booking confirmation number, your contact details, and the email address you used when you made your booking A brief summary of the issue, including how you’d like us to assist you any supporting documents
      2. All queries and complaints are recorded by Zoku Travel and the most urgent ones are treated as highest priority.
      3. Zoku Travel will try to resolve disputes internally, and we are not obliged to submit to any alternative dispute resolution procedures handled by independent providers.

      A12. Communication with the Service Provider

      1. Zoku Travel may help you communicate with your Service Provider, however we can’t guarantee that they’ll respond as you ask. In itself, the fact that you contact them, or that they contact you, doesn’t mean you have any grounds for legal action.

      A13. Measures against unacceptable behaviour

      1. We have the right to stop you making any Bookings, to cancel any Bookings you’ve already made, and/or to stop you using our Platform, our Customer Service, and/or your Account. Of course, we’ll only do this if, in our opinion, there’s a good reason to - for example: fraud or abuse inappropriate or unlawful behaviour (e.g. threats, violence, or invasion of privacy) in relation to us, our creators, any of the companies we work with – or anyone else, for that matter. non-compliant with our values, or with applicable laws or regulations
      2. If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we've cancelled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we have incorrectly cancelled your Booking, please contact our Customer Service team.

      A14. Limitation of liability

      1. To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for (e.g.) any: indirect loss or indirect damage inaccurate information about a Service Provider product, service or action of a Service Provider or other business partner mistake in an email address, phone number or credit card number (unless it’s our fault) force majeure or event beyond our control.
      2. If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law: we won’t be liable for any costs you incur as a result, and you won’t be entitled to any refund.
      3. To the extent permitted by law, the most that we, or any Service Provider, will be liable for (whether for one event or a series of connected events) is the cost of your Booking, as set out in your confirmation email.
      4. Nothing in these terms will limit our (or the Service Provider’s) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
      5. We don’t make any promises about Service Providers’ products and services (apart from what we expressly state in these Terms). Making the right choice(s) is entirely your responsibility. 6.To clarify: nothing in these Terms will entitle any third party other than the Service Provider to anything.
      6. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.

      A15. Applicable law and forum

      1. To the extent permitted by mandatory local (consumer) law, these Terms and our services will be governed by Australian (for accommodations, attractions, car rentals and transfers)
      2. To the extent permitted by mandatory local (consumer) law, any dispute will exclusively be submitted to the competent courts in Australia (for accommodations, attractions, car rentals and transfers)

      B. Accommodations

      • B1. Scope of this section
      • B2. Contractual relationship
      • B3. What we will do
      • B4. What you need to do
      • B5. Price and payment
      • B6. Amendments, cancellations and refunds
      • B7. What else do you need to know?

      B1. Scope of this section

      1. This section contains the specific terms for Accommodations products and services.

      B2. Contractual relationship

      1. When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking.
      2. Zoku Travel owns and operates the Platform.
      3. Zoku Creators are not responsible or a contractual party to the booking or the platform.
      4. Our Platform only shows Accommodations that have commercial relationships with us. They do not show all of their products or services.
      5. Information about Service Providers (e.g. house rules, facilities, sustainability measures) and their Travel Experiences (e.g. cancellation policies, prices, availability) are based on what they provide to us. They’re responsible for making sure it’s accurate and up to date.

      B3. What we will do

      1. Zoku Travel provides the Platform on which Service Providers can promote and sell their Accommodations – and you can search for, compare and book them.
      2. Once you’ve booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s).
      3. Depending on the terms of your Booking, we may be able to help you change or cancel it if you wish to.

      B4. What you need to do

      1. Fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
      2. Read these Terms and the terms displayed during the booking process carefully.
      3. Maintain the security of the Accommodation and its contents during your stay.
      4. Take care of the Accommodation and its furniture, fixtures, electronics and other contents, and leave things in the same state they were when you got there. If anything is broken, damaged or lost, make sure you report it to the staff there (as soon as you can, and before you check out).

      B5. Price and payment

      1. See ‘Prices’ (A6) and ‘Payment’ (A7) above.

      B6. Amendments, cancellations and refunds

      1. See ‘Policies’ (A8) above.

      B7. What else do you need to know?

      Damage policy

      1. When you’re booking, you may see that some Service Providers refer to a ‘damage policy’. This means that if anyone in your group loses or damages anything: you should inform the Service Provider instead of charging you for it directly, the Service Provider will have 14 days to submit a damage payment request through our Platform, under your reservation number if they do, we’ll tell you, so you can tell us if you have any comments, and whether or not you agree with the charge - and then: if you agree, we’ll charge you on their behalf if you disagree, we’ll look into it and decide whether or not to discuss it further*.
      2. There’s a limit (which is shown while you’re booking) to how much the Service Provider can charge you under the damage policy through our Platform.
      3. Any payment you make would be between the Service Provider and you, we would just be organising it on the Service Provider’s behalf.
      4. The damage policy doesn’t relate to general cleaning, ordinary wear and tear, any crimes or any non-physical ‘damages’
      5. The Service Provider might require a ‘damage deposit’ before or at check-in. If they do, we’ll tell you about it while you’re booking – but it has nothing to do with the ‘damage policy’. We won’t be involved in any financial settlement related to damage deposits.
        • If there is any damage, the Service Provider can always decide to initiate a (legal) claim against you outside of the damage policy, in which case the limit (see 5 above) wouldn’t apply.

      VERSION: 1.0 DATE: 13 July 2022