Note: see also Hostel/Agent Agreement
If you wish to use this website and our TXT technology you must accept without modification the terms and conditions ("the Terms") appearing below and you agree to use this website and our TXT technology in accordance with and subject to the Terms which constitute an entire agreement between you and Travelwild Australia Pty Ltd ACN 097 320 520 trading as HostelTXT.
Please do not use this website or our TXT technology if you are not willing to accept the Terms. If you access any part of the HostelTXT website and our TXT technology you are deemed to consent to be bound by the Terms.
The following is a short summary of the Terms:
- We facilitate accommodation bookings particularly suited for backpackers.
- We do not provide or operate any backpacker Hostels nor are we a Travel Agency.
- Any booking facilitated by us may be cancelled up to 24 hours before arrival. Such cancellation must be made directly with the relevant accommodation provider.
- Deposits are never refunded.
- If you omit to cancel the booking and fail to use the accommodation the accommodation provider has the right to charge you for the first night's accommodation where you have booked accommodation with such provider.
- We endeavour to ensure that accommodation bookings made via our TXT technology are correctly recorded.
- Please note that your contract is with the accommodation provider and not with HostelTXT which acts as facilitator.
- Our liability to you (if any) is limited to the deposit and the accommodation reservation fee paid by you.
Costs & Credit Card storage and use - All costs in AUD
Costs
Any TXT message you send to HostelTXT is charged by your phone provider at your normal TXT rates, we have no control over your phone provider charges.
TXT messages we send to you are free, except in the following circumstances.
- You conduct a search and fail to follow through with a booking within 24 hours of the search: in this case you will be charged $0.20 for the search result message we have sent you plus $0.20 per additional message relating to this transaction.
- You conduct a search and on requesting a booking your credit card is declined: in this situation the booking will not be processed and you will be charged $0.20 for the search result message we have sent you plus $0.20 per additional message relating to this transaction.
- You make an entry which HostelTXT cannot understand and results in an error: if the error results in HostelTXT sending you a TXT message, you will be charged $0.20 per message we send to you.
- Small charges for TXT messages will normally be charged to your card in bundles and as a result may not be charged for some time after the charge has been incurred.
- We reserve the right to change our fee schedule above at any time without notice to you. The change will be published on our website.
There is a $10 joining fee, this is charged to your credit card when you sign up.
Any refund of fees to which you are entitled for any reason will be credited to your account.
When making a booking via HostelTXT, you agree to pay 10% of the total booking value to HostelTXT, this is a live transaction and will be charged to your credit card at the time of the transaction.
Credit Card Storage / Security
Your credit card details will be stored with our payment gateway, eMatters whose credit card storage systems are of the highest standard and approved by all major Australian Banking Institutions.
For added security, your credit card details will be deleted from the eMatters database at the end of your advised travel period, or if no period is advised, after 12 months.
All online transactions take place on an SSL secured connection.
Use of Credit Card.
You agree to allow HostelTXT to debit your credit card for the full amount of the services described above including our fees if at any time your credit card is declined.
Refunds
The Joining fee is a once off paymnet and is not refundable
Any deposit or other fee you are charged is non refundable except in the case where in the opinion of hostelTXT, an error has occured.
Delivery
The delivery of our service to you is in the form a reply to your TXT message. In most cases, we will respond to your TXT messages with 3 minutes. Occasionaly, due to network issues for which we have no controll, longer delays may occur.
LONG FORM CONTRACT
This agreement is between you, the user of this website, and HostelTXT.
Your use of this website and our TXT technology is subject to your irrevocable acceptance without modification of these terms of use ("the Terms") and you agree to use this website and our TXT technology in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and HostelTXT. If you do not read or accept these Terms do not use this website or out TXT technology. By accessing any part of the HostelTXT website or our TXT you consent to be bound by these Terms.
1. DISCLAIMER
1.1 HostelTXT does not warrant that the information published by HostelTXT on this website and through our TXT services contains no errors and in using this website you acknowledge that the accommodation information published on this website may include inaccuracies or typographical errors.
1.2 All bookings for accommodation on this website and via our TXT technology are made with the accommodation provider and not with HostelTXT which acts as a facilitator in the making of reservations with the accommodation provider. HostelTXT is not a party to the contract between you and the accommodation provider and is not directly or indirectly responsible or liable in regard to the terms of that contract.
1.3 Neither HostelTXT nor any of its directors employees servants agents or authorised representatives will be liable for any loss or damage arising out of or in connection with your use of any information or services offered through this website including but not limited to loss of income, profit, opportunity or property or any consequential loss or damage even if HostelTXT has been advised of the possibility of such loss or damage or that they were reasonably foreseeable.
1.4 HostelTXT will use its best endeavours to ensure that the accommodation offered on this website and through our TXT services is of a reasonable standard. However the listing of any accommodation services on this website and through our TXT services is not and should not be assumed to be a recommendation from HostelTXT or a warranty that the accommodation services will be suitable for the user's purpose.
1.5 HostelTXT will not be liable to you should the accommodation services fail to meet your expectations or are not suitable for your purpose.
1.6 HostelTXT will use its best endeavours to ensure that all credit card and debit card transactions are secure. However if charges appear on your credit or debit card statement or any card used on this website which are unauthorised HostelTXT shall not be liable or responsible in any way in respect of any loss or damage arising directly or indirectly with such use, transaction or disclosure.
2. PROHIBITED USE
Your use of this website and our TXT technology is conditional upon you agreeing not to use this website or our TXT technology for any unlawful purpose or contrary to the Terms.
3. LEGAL AGE
You agree that you have the capacity by virtue of your age to enter into a legally binding contract and by using this website and our TXT technology you are deemed to understand and be financially responsible for your use of this website and our TXT technology.
4. LINKS TO THIRD PARTY SITES
This website and our TXT services may contain hyperlinks to websites operated by third parties. Such hyperlinks are provided for your reference only. HostelTXT does not control such websites and is not responsible for the information provided by third parties on those websites. HostelTXT does not give any endorsement for the material or the supplies of the material on such websites and has no association with their operators.
5. INDEMNITY
You agree to indemnify Pillow TXT , its directors, employees, servants, agents and authorised representatives from and against any loss, liability claim or demand made by any third party due to or arising out of your use of this website.
6. WAIVER
Any decision by HostelTXT not to enforce any of the Terms at any time and from time to time shall not be construed as a waiver of any of the rights and privileges attaching to any of them.
7. ENTIRE AGREEMENT
This agreement contains the entire agreement between you the user and HostelTXT and any variation to the Terms must be in writing and acknowledged in writing by HostelTXT to be legally enforceable.
8. INVALID TERM
If any term or terms contained in this agreement are invalid or unenforceable including but not limited to the disclaimer indemnity and any warranty referred to above then such invalid or unenforceable provision will be deemed to be superseded by a valid and enforceable provision which coincides with the purpose and intent to the original provision and the remainder of the terms which are enforceable will continue to bind the user.
9. INTELLECTUAL PROPERTY AND COPYRIGHT
The entire audio and visual information contained on this website are protected by copyright, trademark, domain registration and other intellectual property laws under national and international laws and treaties. HostelTXT or its permitted agents or licensors retain all right title and interest in the intellectual property rights attaching to such information and you are prohibited from modifying, copying, distributing, transmitting, displaying, performing or publishing all or any such information obtained from this website. Any persons contravening this provision will be prosecuted by HostelTXT.
10. GOVERNING LAW
This agreement is subject to and to be construed in accordance with the laws of the Commonwealth of Australia and you the user agree to submit to the non-exclusive jurisdiction of the Courts of the Commonwealth of Australia.
11. COSTS AND CREDIT CARD STORAGE AND USE - ALL COSTS IN AUD
11.1 Any TXT message you send to HostelTXT is charged by your phone provider at your normal TXT rates, we have no control over your phone provider charges.
11.2 TXT messages we send to you are free, except in the following circumstances.
11.2.1 You conduct a search and fail to follow through with a booking within 24 hours of the search: in this case you will be charged $0.20 for the search result message we have sent you plus $0.20 per additional message relating to this transaction.
11.2.2 You conduct a search and on requesting a booking your credit card is declined: in this situation the booking will not be processed and you will be charged $0.20 for the search result message we have sent you plus $0.20 per additional message relating to this transaction.
11.2.3 You make an entry which HostelTXT cannot understand and results in an error: if the error results in HostelTXT sending you a TXT message, you will be charged $0.20 per message we send to you.
11.2.4 Small charges for TXT messages will normally be charged to your card in bundles and as a result may not be charged for some time after the charge has been incurred.
11.2.5 We reserve the right to change our fee schedule above at any time without notice to you. The change will be published on our website.
11.3 When you sign up to HostelTXT for the first time, we must charge you $10 to validate that your credit card is genuine. When this occurs you will be given $10 credit to use within your HostelTXT account.
11.4 Any refund of fees to which you are entitled for any reason will be credited to your account.
11.5 When making a booking via HostelTXT, you agree to pay 10% of the total booking value to HostelTXT, this is a live transaction and will be charged to your credit card at the time of the transaction.
Credit Card Storage
11.6 Your credit card details will be stored with our payment gateway, eMatters whose credit card storage systems are of the highest standard and approved by all major Australian Banking Institutions.
11.7 For added security, your credit card details will be deleted from the eMatters database at the end of your advised travel period, or if no period is advised, after 12 months.
Use of Credit Card.
11.8 You agree to allow HostelTXT to debit your credit card for the full amount of the services described above including our fees if at any time your credit card is declined.
12. PRIVACY
HostelTXT uses and adopts the following principles:
12.1 HostelTXT conveys the information supplied by you to accommodation providers when you reserve accommodation through the HostelTXT website and TXT technology. We also use the information provided by you to operate Pillow TXT and to inform you from time to time of new services offered by HostelTXT.
12.2 From time to time we may supply statistics about our customers to third parties such as accommodation providers or other agents. No information supplied would enable the recipient to personally identify you.
12.3 If you become aware that HostelTXT has failed to observe and comply with these principles please notify us via the contact form and we will use our best endeavours to remedy the failure promptly.
12.4 If you have any questions please contact HostelTXT (info@HostelTXT.com.au).
