Terms: These Agency Booking Terms govern any travel and / or accommodation (“Travel Arrangements”) the Client may book through the Agent where the Agent is not the principal operator of the Travel Arrangements.
About the Agent: The Agent is the Client’s agent in making bookings with one or more providers of travel and / or accommodation products (a “Provider”). The Agent is not a Provider, is not liable for any marketing materials / price lists published by a Provider, nor if a Provider changes or withdraws their product at any time, nor if a Provider fails to properly perform a booking. The Agent may require the Client’s written authority before making / changing / canceling a booking for a product.
Agent’s commission: A Provider usually pays the Agent a commission per booking. Commissions vary between Providers and products on offer, and may be a fixed amount or a percentage of the product’s price.
Agent’s other charges: The Agent may charge each Client a fee of $100 (plus GST) (less any discount the Agent may allow) in these cases: (a) bookings made for that Client are changed or canceled; and / or (b) if the Agent did not arrange travel insurance, but is required to supply or administer any documents for claims. A fee is payable within 30 days after invoice or may be deducted from any refund otherwise payable to the Client. Late payment of an invoice attracts interest at 9% per annum.
Product pricing: A quoted price for a product might be time-limited, subject to special conditions or change without advance notice. Quoted prices assume payment by cash or cheque. If the Client pays by credit / debit card, the Client is liable to reimburse the Agent for any merchant’s fee payable to the card issuer.
Deposits: A booking usually requires a non-refundable deposit be paid within a short time. If the Client does not pay a deposit within time, the booking may be lost. Payment of a deposit does not guarantee that the price for the Travel Arrangements will not change, as the Provider’s booking conditions may give the Provider the right to amend pricing.
Changes and cancellations to bookings: The Client should promptly notify the Agent of any proposed change to their itinerary in writing. If the Client changes or cancels a booking, the Client would incur a fee to the Agent as above and a cost or fee imposed by a Provider concerned. If the Client cancels a tour package arranged by the Agent, an Agent’s fee of –
Change fees – per passenger, per booking -Domestic and Trans-Tasman – $30.00 – International – $75.00
Cancellation fees – per passenger, per booking -Domestic and Trans-Tasman – $100.00 – International – $300.00
Insurance: Upon making a booking, the Client should obtain travel insurance for any loss, delay, illness or injury that may occur before or during travel. If the Agent offers an insurance policy, the Agent is not liable for the performance of the policy by insurance company, nor does the Agent represent or warrant that the policy’s terms and conditions are adequate or appropriate. The Client is liable to pay on time any premium (and transaction taxes) for insurance.
Passports: The Client should ensure that their passport has at least 6 months to run at all times while outside Australia and upon return to Australia and that their passport is valid for each country they will transit or visit. If the Client travels on a foreign passport, they should ensure they have a valid return visa for Australia. The Agent is not liable to attend to these matters. The Agent is not liable to attend to these matters.
Visas: The Agent can advise the Client of the need for visas, based on information available at the time of booking, and can assist the Client in making initial application for those visas. The Agent is however not liable to inform the Client of any changes to any country’s visa requirements after that time, nor is the Agent liable if a visa is refused or is granted on less than favorable conditions. The Client is liable to comply with any conditions upon which a visa may be issued. A country that does not require the Client to hold a visa might however refuse entry to the Client (as a transient or visitor) if the Client has been at any time arrested or convicted for an offence. If such is relevant to the Client, the Client should either promptly disclose the relevant information to the Agent, or promptly make direct contact with the embassy of each country the Client would transit or visit.
Travel advisory: Before leaving Australia, the Client should periodically access the Department of Foreign Affairs website www.dfat.gov.au and the Smartraveller website www.smartraveller.gov.au for the most current advice and warnings for travel destinations.
Emergency disclosure: If an accident, disaster or emergency is reported to have occurred in a country where the Client is or may be travelling, the Client authorizes the Agent to disclose the Client’s itinerary (including transport and accommodation arrangements) and contact details to the Australian Government.
Limit of liability: The Agent has no control over, or liability for, the services provided by Providers. Where the Agent sells Travel Arrangements as agent for the Provider, the Client agrees that the Agent’s responsibility to the Client is limited to exercising reasonable care in the selection of reputable Providers and arranging for the Client to contract with the Provider for the supply of the Travel Arrangements. The Client will be subject to the Provider’s booking conditions (copies available upon request), and that any claim in connection with the supply (or failure to supply) the Travel Arrangements must be made directly against the relevant Provider, unless the failure was caused by the Agent’s. The Agent will in no way be responsible for the actions or failures of the Provider or any person engaged by the Provider.
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Agency Booking Conditions do not exclude or limit the application of the Consumer Warranties, other than the Consumer Warranties, the Agent disclaims all warranties. Subject to applicable laws, if the services the Agent provides to the Client are defective for reasons that are the Agent’s responsibility, the Agent’s total liability is limited to, at the Client’s election: (a) the prompt supply of replacement services; or (b) the payment of the cost of promptly supplying replacement services. In no case is the Agent liable for any loss of profits or any incidental or consequential damages as a result of any claim in connection with a defective supply of services.
Providers Insolvency : The Client acknowledges that despite the Agent taking reasonable care in the selection of reputable Providers, the Agent has not control over the financial standing of Providers. If: (a) a Provider fails to provide the Travel Arrangements due to its insolvency; (b) the Client has made any payments by credit or debit card to the Agent for Travel Arrangements due to be supplied by the insolvent Provider; then (c) to the extent the Agent has passed on those payments to the insolvent Provider, the Client must not in any circumstances make a request to their bank or card issuer to charge back payments made to the Agent; and (e) the Client must make any claims for pre-payment of the Travel Arrangements directly against the insolvent Provider as a creditor. The Client indemnifies the Agent against any losses or expenses incurred by the Agent due to the Client breaching its obligations under this provision.
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General: The contract between the Agent and the Client is deemed to have been made in the State of South Australia, Australia, and shall be governed by the laws of South Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of South Australia. If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.