Terms of Use

 

Date of last update: 16 January 2017

The following terms govern the use of the serko.travel Service (‘Service’) which is made up of various websites and mobile apps, all of which are provided so that the people can make and manage legitimate bookings for their business travel.

Please carefully read the following terms (“Terms”) because by using this Service you signify your agreement to the then-current Terms. We reserve the right to replace or modify the Terms at any time. Whenever Terms are updated they will be posted on serko.travel, identifiable by the date noted below the heading. Please do not use, or make any bookings using the Service if you do not agree to these Terms. 

The terms "we", "us", "our", and "Serko", refer to serko.travel, part of Serko Ltd, the leader in Corporate travel in the Australasia region and a publicly listed company in New Zealand. Our registered office address is 125 The Strand, Parnell, Auckland, New Zealand. Our phone contact is +64 9 309 4754.

The term "you" refers to any person using the Service.

The Conditions of use

These Terms apply to everyone who uses the Service. If there is any conflict between these Terms and the provisions of another contract between serko.travel and you, these Terms will prevail

Any bookings made, or requests placed by you, shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to our Terms, as well as the booking or carriage conditions of the relevant supplier (the “Agreement”). You acknowledge and agree that this Agreement constitutes a valid and enforceable contract for the services once payment has been processed.  

If considered necessary to protect the integrity and/or security of the Service we retain the right to deny anyone access at any time, and for any reason including, but not limited to, for violation of these Terms.

If you are employed or contracted by a competitor of Serko and sign-up to the serko.travel service, you acknowledge that all intellectual property related to this site, including but not limited to the design and process workflow is protected. By continuing to complete the registration process, your access to this site limits your company’s ability to produce a similar solution based on the knowledge learned on this site. You also acknowledge that, even if signing in from a personal email account, you are acting as an officer of your company and are binding your company by these terms.

Copyright Information

Copyright 2016 Serko Ltd. All rights reserved.

All reproduction or distribution of any material on this Service or any Serko Ltd website, (including, but not limited to, text, photographs, movies, music, computer programs, etc.) or any part of that material is strictly prohibited, unless explicitly stated otherwise.

Trademarks

The Serko® trade name and logotype and all related product or service names, design marks, logotypes or slogans are the property of Serko Ltd and may not be used in any way without prior written approval from Serko Ltd.

Your Obligations

In using the Service you:

  • Warrant you are at least 18 years of age and possess the legal authority to create a binding legal obligation;
  • Will comply with these Terms and the provisions of any other contract between travel and you; 
  • Will not use this Service, for any purpose that is unlawful or prohibited by this Agreement;
  • Will ensure that all information you provide us with is current, complete and accurate;
  • Will ensure that any access information (e.g. logins) we provide to you is kept secure and not provided to any third party; 
  • Will only use the Service to make legitimate bookings for you or for another person for whom you are legally authorised to act;
  • Will not interfere or attempt to interfere, by any means, with the proper working of this website;
  • Will not make fraudulent bookings;
  • Will not make any test bookings unless specifically requested to by us or your Travel Expert; and
  • Except for internal business purposes, you will not publish, disclose or otherwise make available to any third-party any data or compilation of data obtained from our Service.

Obligations under this section shall survive the expiration or termination of this Agreement for any reason.

Privacy Policy 

Your privacy is important to us and we will handle your personal information in accordance with the terms and conditions set out in our Privacy Policy that is posted on this website. serko.travel complies with applicable Privacy Laws in relation to the collection and disclosure of information regarding individuals using and assessing this website.

Links to External Web Sites

Where we provide a link to an external website, you may use that website in accordance with the terms of use applicable to that website.  serko.travel does not assume any responsibility whatsoever for the content or functionality of external websites that are not operated or controlled by us and we do not endorse the content of such websites.  It is up to you to take precautions to ensure that any links you select or software you download (whether from this website or other websites) is free of items such as viruses, worms, trojan horses, defects and other items of a destructive nature.

Booking Rules and Restrictions

You agree to use our Service for legitimate bookings. If you identify suspicious activity please contact your Travel Expert immediately and advise them of the details. We reserve the right to close your account and/or cancel any bookings associated with your name, email address or company if we believe you have made a fraudulent booking or statement. In addition, we may take any legal action necessary, which means you may be liable for monetary losses to serko.travel, Serko Ltd and impacted suppliers, including litigation costs and damages.

Supplier Rules and Restrictions

serko.travel does not operate the travel related products displayed within the Service. The information displayed within the Service is provided to us by the relevant suppliers of the products and services, such as airlines or hotels, and their agents (relevant suppliers and agents are known collectively as “suppliers”). This includes, but is not limited to, descriptions of services, information about pricing, as well as the rules and restrictions that apply to the booking of the travel products and services. We rely on the accuracy of the information supplied by the relevant suppliers. If we become aware that the information provided by a supplier is incorrect, we reserve the right to correct this information (including, but not limited to, pricing) and, in consultation with you, amend your booking so that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the impacted booking and these will be advised to you at the time of consultation.

In addition to our Terms, additional terms and conditions imposed by the supplier of the product and services may also apply to your purchase and we will advise you of these whenever the supplier provides them to us. Please read any such additional terms and conditions carefully, even if you have booked with the supplier before because rules (including if you can cancel and change, if it is refundable etc.) can change at any time and can also vary based on the fare or rate you select. As a general rule, the cheaper the option the more likely it is to come with some restrictions. By booking any product and service you agree to abide by the terms and conditions imposed by the supplier with whom you choose to deal with, including, but not limited to, those relating to the payment of all amounts when due as well as your ability to change or cancel your booking. You understand that any violation of any of the supplier's rules and restrictions may result in the cancellation of your booking and you may forfeit the money paid for the booking.

Accommodation

Accommodation providers may require you to present photo ID when you check-in. It is also likely that they will request you provide a credit card or cash deposit when you check-in to cover your accommodation (if not pre-paid) as well as any additional expenses that may be incurred during your stay.

You acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you at the time requested by the supplier. This may be upon booking, upon check-in or check-out from the accommodation. The accommodation provider may charge you additional costs for expenses incurred during your stay and you are responsible for the payment of any expenses or amounts charged to your credit card by the relevant accommodation provider. 

Instant purchase rates will be charged to your credit card when you book and rates that require a deposit will be charged to your credit card by the supplier based on the rules of the rate that you booked. For all other rates the hotel will charge your credit card in the local currency at the time of your stay. If you are travelling internationally please be aware that tax rates and foreign exchange rates can change between the time you book and when you stay. Your credit card provider may also charge a foreign currency conversion fee.

In the event you do not show up for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes no later than the date of the first night of the booking to prevent the cancellation of your entire booking. You are responsible for any cancellation or change fees that you incur.

Some suppliers or hotels will pre-authorise the provided credit card for one dollar ($1.00) to verify the credit card is valid and has not been cancelled. This pre-authorisation amount will not be transacted and will fall out of your pending charges when the pre-auth expires. The amount of time is determined by the card issuer.

Cancellation and changes

Please read the rules that apply to the rate that you are booking carefully as some rates, regardless of when they are to be charged to your credit card, may be non-changeable and/or non-refundable. We cannot guarantee that changes will be permitted by the relevant supplier. 

If you wish to cancel or change your booking, you must do this online, via your Travel Expert (a service fee may apply), or by contacting the supplier, within the cancellation policy period applicable to the relevant hotel, otherwise you will be charged the full cost of your stay. Whilst we do not charge a service fee for changes you make using serko.travel, some suppliers will charge a fee for changes and/or cancellations. Additionally, changes will be based on the rates and fares available on the day you make the change. These prices may not be the same as when you originally booked.

Requests for a refund of monies paid for any travel products or services booked through the Service will be governed by the terms and conditions of the relevant supplier, and serko.travel is not responsible for, and does not have any control over, the supplier’s terms and conditions. You are advised that many rates and fares are non-refundable and you must check the terms and conditions that apply to the rate or airfare you selected before proceeding with the booking.

Frequent Flyer Programs

If you are a member of an airline frequent flyer, hotel or car frequent traveller, or other reward programme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking or make sure that it is added to your personal profile ahead of making a booking. For seamless processing the name on your card and the name on your passport should match. serko.travel does not accept any responsibility if the relevant supplier does not accept or does not register your booking for their program and you cannot earn points. You are advised to retain copies of your boarding pass and any other proof of travel/purchase in order to provide proof of your booking if necessary.

Passports, Visas and Travel Documentation

It is the responsibility of the traveller to ensure that he or she:

  1. Carries photographic ID;
  2. Complies with all applicable government travel requirements including, obtaining a passport and visas to enter the destinations to which you are traveling; and
  3. Completes check-in by the required check-in time.

Passports are required for all travellers departing the country, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, with that period typically being six-months.

When purchasing air travel, the name on the passport must match the name on the booking otherwise you may not be able to travel. If, after purchasing a product or service, but before traveling, any member of your party changes their name you must notify the relevant carrier immediately so that the necessary changes can be made to your documentation.

As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight check-in closes. We are not responsible for any delays you may experience.

It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian and New Zealand citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge travellers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations.

The above information and any links on our Service are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation to this, including, without limitation, for customers who do not possess the correct travel documents.

Travel Destinations

Although most travel is completed without incident, travel to certain destinations can involve greater risk than others. Travel insurance is recommended and travellers should review any travel prohibitions, warnings, announcements and advisories issued by the government prior to booking travel, especially to international destinations.

By offering reservations for travel, serko.travel does not represent or warrant that travel is advisable or without risk, and is not liable for damages or losses that may result from your travel. 

Referral and Rewards

‘serko.travel rewards’ is an incentive based program where invited participants can earn points for consumed (stayed) room nights booked on serko.travel. From time-to-time additional bonus points may be offered.

Eligibility:

  • Other than staff of Serko Ltd or its subsidiaries, anyone can participate in the referrals program and earn points on consumed hotel room nights booked by a company they have referred, that is a company that has signed up to serko.travel using the participant’s unique link.
  • Participants invited directly by us to participate in the program may also receive points for hotel bookings they make. Each participants Welcome Pack will include information on this offer if it applies to that participant. Staff of Serko Ltd and serko.travel TMC partners, as well as anyone who has been referred by a serko.travel partner are ineligible to participate in this portion of the program.
  • By participating in the program you agree that Serko, at its’ sole discretion, can interpret and vary the rules of the program at any time.

Accruing Points:

  • Points accrue for bookings made after the participant has been enrolled in the program.
  • The more consumed room nights booked, the more points awarded.
  • A room night is considered ‘consumed’ when the supplier has confirmed to us that the person stayed. This reconciliation is made available to us in the month after the guest has checked out. One (1) consumed room night = one (1) reward point.
  • Points remain active as long as there has been at least one consumed hotel booking within the preceding 12-months.
  • Points are not accrued for bookings that are cancelled, where the guest does not arrive at the hotel, or the hotel room night is not paid for as reasonably requested by the supplier. If points have been included in your summary prior to this information being available, they will be adjusted as soon as practical after the information is advised to us.
  • Points for a consumed room night are awarded to one person. Identification is based on the unique code included in the URL we provide.
  • From time-to-time we may vary the program to offer additional points (‘bonus points’) on specific hotels or other services. The number of bonus points, and the hotels or other services these apply to, may change month-to-month. Details will be provided in the ‘Points Update’ email sent to all participants, unless they have elected to opt-out of our newsletters.
  • Please review your Points Update emails regularly and email us at rewards@serko.travel if you have a question about the program or your points.
  • The accrual of points will cease when the program is terminated, there have been no consumed hotel nights within 12-months, or when we are contacted by a person or company who revokes their acceptance of these terms. This could be you, a participant, or someone working for a referred company.
  • Points are not the property of a program participant. Points have no fixed value, are non-transferable and are not redeemable for cash or any other form of credit. You cannot transfer your points to another person, combine your points with points belonging to anyone else and you may not sell, barter points or redeem them for cash.

Disputed Points:

  • Should the allocation of points be in question we will complete a review, internally and with the supplier, to confirm eligibility.
  • You agree that our decision is final and acknowledge that we cannot provide to you detailed information of bookings completed by a specific company unless you are an Administrator in serko.travel for that company.

Rewards:

  • Please contact us at rewards@serko.travel within 60-days of checkout if you believe points have been incorrectly allocated, or point are missing from your statement.
  • When a participant has accrued 100-points, and for every increment of 100-points after, they will be emailed a voucher or coupon to the value of $200.00.
  • The voucher/coupon will have an expiration date of at least three-months and may have additional restrictions as advised by the supplier.

General:

  • You agree that you will not maliciously manipulate the program in any way.
  • We reserve the right to close the program in part or full, or revoke participation of a specific person, at any time. If we choose to do this we will contact the impacted participant(s) directly.
  • If you have accessed serko.travel by clicking on a referral link provided to you, welcome. We would like you to know that bookings made by your company may result in points being allocated to the person whose unique identifier is included in the link you used to arrive at serko.travel. In order to correctly allocate and report on your bookings, you agree that information on your bookings can be used anonymously for reporting points to the participant and our partners. If at any time in the future you wish to revoke this permission please contact us at rewards@serko.travel

Disclaimer

To the maximum extent permitted by law, serko.travel and our suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by us. All such information, software, products, and services are provided "as is" without warranty of any kind.

To the maximum extent permitted by law, serko.travel and our respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by serko.travel and/or suppliers are free of viruses or other harmful components.

To the maximum extent permitted by law, serko.travel and our respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The information, software, products, and services published through our Service, may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, serko.travel does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information and description of the hotel, flight, rental car, transfer, taxi, and other travel products displayed, much of which information is provided by the respective suppliers.

Hotel ratings displayed are intended only as general guidelines, and serko.travel does not guarantee the accuracy of the ratings. To the maximum extent permitted by law, serko.travel and our respective suppliers make no guarantees about the availability of specific products and services.

serko.travel may make improvements and changes to our Service, at any time.

The airlines, hotels and other suppliers providing travel products or services through this Service are independent parties and not agents or employees of serko.travel or Serko Ltd. To the extent permitted by law, we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there-from. serko.travel, to the extent permitted by law, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and will  have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Indemnification

You agree to defend and indemnify Serko and our respective suppliers (including any officers, directors, employees and agents) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  1. Your breach of our Terms or the documents referenced herein;
  2. Your breach of any law or the rights of a supplier or third party; or
  3. Your use of our Service.

Limitation of Liability

The material and information contained on, or accessible through our Service may contain technical errors, typing inaccuracies, or other types of errors and inaccuracies. serko.travel assumes no responsibility for such errors or inaccuracies and we explicitly disclaim any warranty that the Service, will be secure, private, available continuously, or error free, or that any information, software or other material contained on, or accessible is free of computer viruses or other harmful components.

The information on our Service are provided for general informational purposes. serko.travel makes no warranties of any kind, either express or implied, including, but not limited to, warranties of completeness, accuracy, correctness, title, non-infringement or implied warranties of merchantability or fitness for a particular purpose in relation to this information.

serko.travel shall not be liable for the consequence of any action, or actions, you may take on the basis of the information contained on, or accessible through, the Service. serko.travel is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, our Service. This includes, but is not limited to, re-routing or an increase in pricing due to rate or fare increases caused by a technical error, because availability has changed or when the rate or fare has been removed from sale. Further, serko.travel shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind. Nor is serko.travel liable for any damage or loss caused by your staff, agents, buyers or any other persons howsoever, even if there is negligence by us, or if we has been advised of the possibility of such damages, or both.

The total liability of serko.travel whether in contract tort or otherwise for any loss, damage, cost, expenses or injury under whatever causes of action, and whether in contract, tort or otherwise, will not exceed the amount paid by you, to us.

Warranties

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:
    • (i) the replacement of the products or the supply of equivalent products;
    • (ii) the payment of the cost of replacing the products or acquiring equivalent products;
  2. in the case of services:
    • (iii) the supply of the services again;
    • (iv) the payment of the cost of having the services supplied again.

Applicable Laws

serko.travel makes no representation that the information provided is appropriate or available for use in other locations, or accessible from territories where the content is illegal or prohibited. Those who choose to access our Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim shall be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts.

Severability

If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.

Support

If you have any questions about using serko.travel, how to make configuration changes, how to book, or about any of your bookings we’ve organized for your Travel Expert to be your point of contact. There is no charge for calling, or emailing, them with a question, they are absolutely there to help. Their Terms and Conditions, and any applicable charges, are available during sign-up and can be viewed anytime from their card on the serko.travel dashboard.

Complaints

We will try to settle any complaints quickly and fairly. If you are unhappy with our service or your booking experience please contact the Travel Expert your company has selected.  Their contact details are available when you login from www.serko.travel, on your welcome email when you registered and on your itinerary if you have made a booking with us. Your Travel Expert will work with you in good faith to resolve your concern and if applicable, liaise with the supplier on your behalf. If your Travel Expert cannot resolve your complaint, or you believe the matter is not being addressed appropriately, you can request they ask us to contact you directly.