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Terms & Conditions for use of the Regional Express Group Websites

These Terms & Conditions of Use for THE REGIONAL EXPRESS GROUP websites and/or mobile application (the "Sites") govern the use of the Regional Express Holdings Limited website and the Group’s subsidiary websites.

These websites are operated by Regional Express Holdings Limited ABN 18 099 547 270 trading as Regional Express. The Group operates websites under the domain names "www.rex.com.au", "www.regionalexpress.com.au", "www.regionalexpress.com" and "www.rex.co" (collectively referred to as the Rex website). The Group also operates websites under the domain names "www.pelair.com.au", "www.aapa.net.au", "www.aapa.co" and "www.airlinkairlines.com.au". All domain names the Group operates websites under are collectively referred to as Sites. These Sites are operated on behalf of Regional Express and its related bodies corporate (collectively called Regional Express Airlines). Your access to these Sites are conditional upon your acceptance of and compliance with all of the terms and conditions set out below, and the Regional Express Group Privacy Policy , and if you use the Internet Reservation System located on the Rex website, the Regional Express Internet Reservations Terms and Conditions and Regional Express Electronic Ticket Conditions of Contract and Terms of Carriage which appear on the Rex website (collectively referred to as Terms).

As used throughout the Sites, the terms "the Company," "our," "we," "us," and other similar terms may refer to Regional Express Airlines. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (and/or downloading a mobile application offered by Regional Express Airlines), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Sites at any time without notice by posting amended terms to the Site. Your continued use of the Sites mean that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions, please exit the Site immediately.

USE OF COOKIES

PLEASE NOTE: The Sites use various types of cookies to provide certain functionality on the Sites. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a website. These cookies are then sent back to the originating website when you visit that site again or to another site that recognises that cookie.

Please read and familiarise yourself with our policy and use of cookies in our Privacy Policy.

LOCATION BASED SERVICES

Certain Sites may include providing you with content based on your location, including sending you special offers or offering you suggestions of activities, services or promotions.

USE OF THE SITE

General

The Sites are general audience sites. Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet.

Please note that additional terms and conditions may apply to bookings, purchases, transactions, uses, or activities that may occur on or through the Sites.

Accounts / Passwords

You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Sites by you and/or by anyone using your account information.

Bookings / Services

Regional Express Airlines provides the Sites solely to permit you to determine the availability of certain goods and services. You may only use the Sites to make legitimate bookings or purchases for yourself or an individual for whom you are authorised in advance to act. Bookings made in violation of these Terms & Conditions may be cancelled without notice in Regional Express Airlines’ sole discretion. Regional Express Airlines further reserves the right to cancel bookings without notice that are transferred in violation of these Terms & Conditions.

Credit Card Information

The storage of credit card information on the Sites (if available) is entirely optional. It is not required to use the Sites. Saving credit card information may help expedite your booking process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Regional Express Airlines may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilise that provide Regional Express Airlines with your account information or if you have established a link with such devices.

Regional Express Airlines’ Right to Cancel / Errors / Mistakes

The Sites may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Sites, including without limitation fares, fees, or availability applicable to your transaction. Also in rare circumstances, it may be possible for hackers to post erroneous data on the Sites. Regional Express Airlines assumes no responsibility or liability for such errors, inaccuracies, or omissions. Regional Express Airlines shall have the right not to honour bookings or information affected by such errors, inaccuracies, or omissions. Regional Express Airlines shall have the right to make changes, corrections, cancellations, and/or improvements to such information or bookings based on such information, at any time, including after confirmation of a booking.

Regional Express Airlines does not guarantee acknowledgement of bookings or transactions made on Regional Express Airlines’ websites if they are made as a result of mistakes arising from unforeseen circumstances, omissions or errors that may sometimes occur.

Regional Express Airlines reserves the right to dishonour all bookings made on our website as a result of a mistake on the fares or availability of flights offered or as a result of malicious postings made by a hacker and Regional Express Airlines’ only liability in such instance is the refund of any monies collected.

Promotional Information

The Sites may display or provide information regarding specific programs, offers, or promotions ("Promotional Offers"). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Regional Express Airlines reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

We take no responsibility for third-party promotional materials displayed on our Sites.

Prohibited Uses

Any commercial use of the Sites is expressly prohibited unless you have obtained prior written consent from Regional Express Airlines. You may not use the Sites to post or transmit any unlawful, infringing, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil penalties, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Sites, (b) use, place, or distribute any viruses, worms, malware, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Sites, including the underlying software, hardware, systems, and any users of the Sites or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Sites without Regional Express Airlines’ prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with the Sites, their content, or their operation without Regional Express Airlines’ prior express written consent.

Privacy & Confidentiality

Your submission of information on the Sites to make a reservation or utilise any other services made available to you on the Sites is subject to Regional Express Airlines’ Privacy Policy available at www.rex.com.au/privacy, which is hereby incorporated into these Terms & Conditions. Subject to the Privacy Policy, any communications such as searches, questions, comments, suggestions, requests and similar communications submitted by you to Regional Express Airlines are not confidential communications, and Regional Express Airlines shall be free to use, reproduce, publish, distribute, and disclose such communications. Regional Express Airlines is under no obligation to protect such communications from disclosure. Regional Express Airlines may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Regional Express Airlines is also free to use for any purpose whatsoever any ideas, concept, content, techniques, or know-how in such communications without limitation and without any obligations to you.

The Sites may tailor information, offers, and other content based on your browsing habits on the Sites and your geographic location.

Links

The Sites may contain links to other websites on the Internet and certain actions on the Sites may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Regional Express Airlines provide these links solely as a convenience to you. The inclusion of these links in no way indicates Regional Express Airlines’ endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Sites. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Regional Express Airlines express prior written consent.

Regional Express Airlines is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the websites. Regional Express Airlines is not responsible for any incorrect information associated with any transaction or transmission on or to the websites regardless of whether such incident is the result of user error, system error, or human error.

Purchase of goods and services from third parties

Regional Express Airlines are not liable for the statements or offers made by third party advertisers or third party suppliers of goods and services. Unless expressly stated otherwise, the information is not an offer by Regional Express Airlines to enter into a separate contract for the purchase of goods or services.

All prices listed on third party websites are accurate only as at the time they were notified to Regional Express Airlines. Regional Express Airlines are not liable for the correctness of prices or price changes, including where price changes have not been reflected on the Sites. All prices are quoted in Australian Dollars and may or may not be inclusive of GST and other taxes, charges and levies imposed by any government, airport operator or other party.

Miscommunications / Lost Transactions

Regional Express Airlines is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Sites. Regional Express Airlines is not responsible for any incorrect information associated with any transaction or transmission on or to the Sites regardless of whether such incident is the result of user error, system error, or human error.

Availability

The Sites are available to anyone with Internet access. However, the Sites may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Sites contain information on Regional Express Airlines’ products and facilities. The content of the Sites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

INTELLECTUAL PROPERTY

General / Ownership

Unless expressly stated otherwise, the content included on the Sites, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Regional Express Airlines or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Sites, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the Sites, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Regional Express Airlines’ written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Sites (or any part of its content) is strictly prohibited.

Copyright

Unless otherwise noted, all content on the Sites is the copyrighted property of Regional Express Airlines. All content of the Sites is protected by Australian copyright laws.

GENERAL LEGAL TERMS

Right to Restrict Access

In addition to any other rights or remedies that may be available to Regional Express Airlines, Regional Express Airlines may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Sites at any time for any period of time and without notice.

Warranty Disclaimer

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT .

No Waiver

Regional Express Airlines’ failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

CONTACT

If you have any questions or concerns regarding these Sites, please contact us at www.rex.com.au/feedback. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Sites or Internet e-mail is transmitted subject to Regional Express Airlines’ Privacy Policy.

Last updated: 3 February 2017