Legal

Booking Terms and Conditions

The website of www.legitnerds.com (“the Site” or “the Website”) is owned by Magnificent Nerds, ABN 73 147 503 955. On this website and in these booking conditions Legit Nerds and entities that are related to or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the “Company”, “Legit Nerds”, “we”, “our” or “us” and a person taking advantage of the services offered by Legit Nerds, all other persons (if any) included with that person in the booking are included in the expression “you”, “your”, a “client”, a “customer” or “passenger”.

Legit Nerds sells bookings, ticketing and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). Legit Nerds is neither a common carrier nor a private carrier and does not provide any of the travel, or accommodation described on this website (“Travel Products”). Legit Nerds acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”). Legit Nerds is not the agent of any such principal. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.

User agreement

This agreement is between you and Legit Nerds. By visiting and/or using the Website you agree to be bound by the terms of this agreement (“agreement”). We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur. By using our site to search for and/or book the products and/or services offered, you are indicating:

• that you have read this User Agreement; and
• your acceptance of this User Agreement.

Capacity

By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the website.

Disclaimer

For orders on Legit Nerds, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where applicable) and all other price components (including relevant taxes and charges).

Orders

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order except as set out in this agreement.

Price

The prices of offers include all taxes and charges, including GST (where applicable) except where stated otherwise. There may be additional surcharges which are payable directly to the hotel which will be referred to in the relevant travel offer. Prices of products and services are current at time of display however are subject to change.

Payment

All payments must be received in full prior to a confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ packages on your behalf.

Travel Agreements and Travel Products

Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and the Company which can only be varied by an officer of the Company in writing.

All travel products arranged by the Company are provided by Suppliers believed by the Company to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and the Company accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against the Company.

Accessibility of Booking Confirmation

Your travel booking confirmation will be emailed to you. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

Booking Confirmation

The Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not Legit Nerds, is the seller of the product and is solely responsible for honouring the package you purchase. Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, packages cannot be combined with any other gift certificates, packages or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.

We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation’s unique reference number.

Reservations

You are responsible for making all payments due to us, even if your booking includes other parties. You must be at least 18 when the booking is made. A booking request can only be processed where you have provided us with payment authority (including credit / debit card details) and the booking has been accepted as set out below. We accept no liability for any errors you make in the booking form.

Once you’ve completed your booking your credit / debit card will be debited in respect of the payment amount and you will then receive an email and invoice from Legit Nerds confirming your reservation.

Changes in Price and Itineraries

Prices are in Australian dollars (except where stated otherwise), are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by the Company’s computer based system.

We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation, when accepted by a passenger within five (5) days of the quote being given. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.

Price and Invoice Errors

The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.

Refunds

Australian Consumer Law (which is part of the Competition and Consumer Act 2010) provides for certain statutory guarantees, which cannot be excluded, restricted or modified by us. These warranties are in in addition to any voluntary warranties provided by Legit Nerds. Nothing in this Refund Policy affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees to the extent those rights cannot be excluded.

The following are circumstances that DO NOT qualify for refunds:

• where you have failed to read the Terms and Conditions; or
• if you change your mind
• if the merchant on behalf of whom we are advertising the offer does not honour the terms of the offer because you have failed to present a booking confirmation on redemption; or
• if you cannot redeem the offer prior to the end of the redemption period due to travel commitments; or
• if you cancel a scheduled booking
• if the experience did not meet your general expectations (for whatever reason);
• What is not included in Legit Nerds products

Passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour Directors, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.

Accommodation

A Credit Card is required for hotel check in, to use as your security for your room, in line with hotel policy. All expenses such as room service, laundry and mini bar are payable by you as the guest.

Insurance

You should immediately after purchasing any travel product arrange your own insurance. The Company recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses and theft. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

Promotion

Guests are aware that there will be media content created, such as photos, videos, etc that will be used to promote this and future Legit Nerds events. By accepting these terms and conditions, guests agree to appear in promotional content by the Legit Nerds.

Passports, Visa, Vaccinations, and Baggage

A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility.

It shall be your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current travel advice. Legit Nerds accepts no liability in this regard.

You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it.

The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday.

You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited.

Pricing, Value and Savings

We calculate the percentage off in our deals based on the ‘rack rate’ of the room and the inclusions at the time the deal is live for the validity period of the deal (that’s hotel-speak for ‘Recommended Retail Price’). Hotels may change accommodation charges depending on peak seasons, low seasons and events so we use the rack rate which is consistent through the year and 100% verifiable. The value and comparative savings have been determined based on the resort’s published rack rates and the value of inclusions. Please be advised that rack rates may not be reflective of actual rates being charged, dependent on the timing and manner of your booking and therefore are only indicative of the level of saving.

Frequent Flyer Points

Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of the Company. For further information please contact the airline directly.

Liability

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.

All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.

The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control.

Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.

Neither the Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.

Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

Limitations of Liability

The Company arranges your holiday, which will be provided by other suppliers. The Company sells holidays in Australia and internationally that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services.

The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.

The Company bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You therefore commit to indemnify and hold harmless the Company against all damages or claims made by you. The above provisions do not apply to benefit the Company if the cause of the loss or claim against the Company arises directly as a result of a breach of any of these terms by the Company.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Links to third party websites

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

Standard of Service

The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.

Complaints or Problems

We endeavor to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier (such as the hotel, tour operator or airline).

If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to the Company within 30 days of return to Australia.

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a merchant, you must email that complaint to concierge@legitnerds.com

Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refund Policy.

Intellectual Property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Change of Control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

Communication by us

As a condition of booking with Legit Nerds, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

‘Administrative Emails’ involve details of purchases you have made ‘Promotional Emails’ consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.