Envoyage NZ Terms & Conditions

Booking Terms and Conditions

Please read the following “Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to “us”, “we” and/or “our” in these Booking Terms and Conditions shall mean the Independent Travel Consultant as set out in your quote, tax invoice and/or itinerary (as applicable). References to “FCTG” in these Booking Terms and Conditions shall mean Flight Centre Travel Group Limited and its wholly owned subsidiaries. References to “you” and “your”, in these Booking Terms and Conditions shall mean the customer.

By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with us (in-person, over the phone or by email). The contract formed under these Booking Terms and Conditions is with us, and not any other party, such as FCTG or any travel service provider (such as an airline).

We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking Terms and Conditions.

1. Passports & Visas:

All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let us know. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).

If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.

If you are travelling to Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.

We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.

2. Travel Documents:

Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, 2

visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. It is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact us to confirm when your travel documents will be ready for collection.

Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.

3. Travel Insurance:

We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. We can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer’s Financial Services Guide (“FSG”)/Product Disclosure Statement (“PDS”).

4. Travel Advice including COVID-19 (Coronavirus) Guidance:

We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.

We strongly recommend that you familiarise yourself with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au/.

In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel.

You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

5. Health:

You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smartraveller.gov.au).

Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are 3

beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.

6. Prices:

All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact us for up-to-date prices.

7. Financial Arrangements:

We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.

8. Deposit and Final Payment:

You will be required to pay a deposit or deposits when booking. We will advise you of how much that will be. Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will secure your booking/seat, however prices quoted may change before you make the final payment. Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.

9. Our Change and Cancellation Fees:

Subject to your refund and remedy rights under the Australian Consumer Law, any change and cancellation fees that will apply to your booking are set out in your quote, tax invoice and/or itinerary (as applicable) and as set out in sections 10 to 14 below:

Payment of change or cancellation fees via credit card may attract the applicable credit card surcharge.

All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.

10. Travel service provider Change and Cancellation Fees:

Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.

11. Change or Cancellation by You:

If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees 4

and any change fees set out in your quote, tax invoice and/or itinerary (as applicable), and you may be responsible for any increase in pricing that may occur as a result of your change request.

If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and any cancellation fees set out in your quote, tax invoice and/or itinerary (as applicable), and we will provide you with a refund for the remaining funds (if any). Alternatively, we or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or our applicable cancellation fees. If your deposit or booking is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.

For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.

Travel credits are subject to our travel credit terms and conditions (please see section 29 below).

12. Change or Cancellation by a travel service provider:

The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 13 and 14 below).

To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or we will deduct any unrecoverable costs, and any applicable travel service provider fees and our applicable cancellation fees.

“Unrecoverable costs” means all reasonable, direct and indirect costs the travel service provider and/or we have incurred in relation to your booking, and includes amounts paid by us to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.

For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.

13. Unavoidable or Extraordinary Circumstances:

In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.

In these Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events). 5

A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).

14. Cancellation due to Unavoidable or Extraordinary Circumstances:

If your booking is cancelled due to unavoidable or extraordinary circumstances, either the travel service provider will offer you a travel credit or we may, subject to any applicable hardship policy, offer you a travel credit for the full amount paid by you.

Travel credits are subject to our travel credit terms and conditions (please see section 29 below).

15. Emergency Assistance:

Where we have utilised the services of FCTG to facilitate your travel booking, FCTG’s Emergency Assist team is available to assist you with urgent enquiries about your travel booking and FCTG products outside of business hours if we are unavailable to assist you personally. Fees will be charged to you for the provision of any such assistance. Contact details for FCTG’s Emergency Assist team and details of the fees that will apply are set out in your quote, tax invoice and/or itinerary (as applicable).

Payment of FCTG Emergency Assist fees via credit card may attract the applicable credit card surcharge.

16. Payments by Credit Card and Debit Card:

Any credit card surcharges as set out in your quote, tax invoice and/or itinerary (as applicable) will apply when paying by credit card or debit card.

You authorise us to charge all fees incurred by you in relation to the services provided by us to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

If you choose to save your credit card details with us, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.

17. Payments by BPAY:

Please note that BPAY payments take up to 3 business days to clear. If you are paying by this method you will need to make the payment at least 3 business days prior to the actual due date. You must notify us of your payment once it has been made.

18. Payments by Cheque:

Please note that cheque payments (excluding bank cheques) require approximately 5 business days to clear. If you are paying using this method you will need to make the payment at least 5 business days prior to the actual payment due date. You agree not to stop payment of the cheque even when your booking is cancelled for any reason (including by reason of matters outside your or our control). You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of any cancellation fees, before refunding the balance to you.

19. Taxes:

Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.

20. Service Guarantees:

Our booking and advisory services come with guarantees under the Australian Consumer Law that:

• they will be provided with due care and skill;
• they will be reasonably fit for the specified purpose;
• they can reasonably be expected to achieve the desired result; and
• they will be provided within a reasonable time.

If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.

21. Agency:

We act as an agent for, and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. We do not act as an agent for, and are not authorised to enter into any agreement with you on behalf of, FCTG.

Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

22. Liability:

To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure, supplier insolvency or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

23. Supplier Insolvency:

Without limiting section 22, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law, we have no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.

24. Special Requirements:

Please liaise with us regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.

25. Frequent Flyer or Other Loyalty Program:

Please let us know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.

26. Schedule Changes: 7

We recommend that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.

27. Privacy Laws:

We are committed to protecting your personal information and agree to handle your personal information in accordance with applicable privacy, data protection, data breach notification and anti-spam laws (“Privacy Laws”). By providing personal information to us, you consent to us collecting, using and disclosing your personal information as provided in these Booking Terms and Conditions, in accordance with all Privacy Laws. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service providers (e.g. airlines, accommodation or tour providers) with whom you make a booking. These travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to service providers who perform services for us within and outside of Australia, including FCTG. Generally, we will only disclose your personal information to these entities and/or persons in connection with the facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any entity and/or person (including any overseas recipients), you agree that: (i) in the case of travel service providers or other recipients who are providing services directly to you, we will not be required to ensure that recipient’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information and you acknowledge and agree that your rights in relation to their handling of your personal information are governed by the contract between you and that recipient (which may include their privacy policy); and (ii) in the case of travel service providers who perform services for us, we will take reasonable steps to ensure that recipient’s compliance with Australian privacy laws. Where we disclose your personal information to FCTG it will handle your personal information in accordance with its Privacy Policy which is available at www.flightcentre.com.au/privacy. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person and/or entity.

28. Monies Not Held On Trust:

You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be a debt due and payable to the travel service provider in accordance with the payment terms agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms agreed with that IATA airline. In the event we still hold the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.

29. Travel Credit:

All travel credits are subject to the following travel credit terms and conditions:

a) Your travel credit (Travel Credit) will be valid for the period notified to you by us in writing when the Travel Credit is issued (Term). You may redeem your Travel Credit with us during the Term. Please note that we will continue to review the expiration date of the Term as we evaluate the impact of travel restrictions due to COVID-19.

b) If at the expiration of the Term, you are unable to use any portion of your Travel Credit and you request a refund, we will gladly action this (subject to us having received the funds from the travel service provider, and having been authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy). Please refer to your quote, tax invoice or itinerary (as applicable) for any change or cancellation fees that may apply.

c) Where you made your original booking with us (in-person, over the phone or by email), the Travel Credit lies with us and will be accessible only through us when you rebook using your Travel Credit.

d) A Travel Credit may be used for one or multiple future travel bookings and any balance will be held by us in accordance with these Travel Credit terms and conditions. 8

e) Booking fees may apply when you make a booking using your Travel Credit, and you may be charged any applicable fees or charges imposed by any travel service provider you book your travel with through us.

f) Once you have made a booking using your Travel Credit, the terms and conditions otherwise set out in these Booking Terms and Conditions will apply to that booking.

g) Travel Credits: (i) are non-refundable during the Term but are refundable in full at the expiration of the Term; (ii) are non-transferable; (iii) are not cash or currency, and are not a stored value, gift card or store credit product; (iv) cannot be combined with other offers, vouchers or discounts; (v) cannot be redeemed for cash or credit, except where required by law or in accordance with these terms; and (vi) cannot be used or reissued past the Term except at our sole discretion. You may not purchase or sell Travel Credits and we do not sell Travel Credits. Travel Credits are our property until redeemed against a booking.

h) If you initiate a credit card dispute or chargeback with your bank or credit card company for the return of the funds charged for your travel booking, you won’t be eligible for a Travel Credit for such booking. To the extent permitted by law, we reserve the right to refuse, void, cancel, reject or hold for review your Travel Credit if we believe that you have initiated a chargeback for your travel booking and also elected to receive a Travel Credit despite the chargeback.

i) By accepting a Travel Credit, you are agreeing that the Travel Credit is in lieu of any refund you might be entitled to receive in connection with cancelling your travel booking whether under the COVID-19 cancellation policy, our Booking Terms and Conditions, or applicable law. By electing to receive a Travel Credit and/or by using the Travel Credit you are agreeing to these Travel Credit terms and conditions.

j) Subject to your rights under Australian Consumer Law, upon acceptance of a Travel Credit, you release us from any and all claims and liabilities, without limitation, relating to your travel booking, your inability to complete the travel booking, and/or any refund or compensation you might be entitled to in relation to cancelling your travel booking.

k) Except where prohibited by law, we reserve the right to refuse, void, cancel, reject or hold for review any Travel Credit mistakenly applied in an incorrect denomination or applied or procured, directly or indirectly, in connection with fraudulent actions, fraudulent claims, compensation abuse or in connection with any violation of these Travel Credit terms and conditions or our Booking Terms and Conditions. We reserve the right to any remedy, including disqualifying you from participation in the Travel Credit offer, if we suspect or determine that you have committed fraud or otherwise violated the Travel Credit terms and conditions or our Booking Terms and Conditions.

30. Modifications of these Booking Terms and Conditions:

We reserve the right to modify any of these Booking Terms and Conditions (including the Travel Credit terms and conditions) at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking (including by using any Travel Credit) with us.

31. Governing Law:

If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.

32. Acknowledgement:

You acknowledge that you are 18 years of age or older and that you understand and agree with the above Booking Terms and Conditions.

These terms were last updated on 9 February 2021.

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ABOUT THE ‘FACILITY’
The Facility is the travel web site or one of its sub-sites and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the facility is provided by third parties, and we are not responsible for this material.
Where the Facility provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Airlines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.

GENERAL PROVISIONS
This agreement is governed by the relevant state laws in force. You irrevocably submit to the non-exclusive jurisdiction of the Courts of the relevant state and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this travel web site and on-line reservation facilities such as ‘booking form’ and ‘booking online’ here-by referred to as the ‘booking engine’ is subject to the following Standard Terms of Service and Trade:
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1. Ownership, copyright and trade marks
The content of this travel web site, farefinder and booking engine, the licensor and / or provider of this site (‘the Agent’). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent.
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2. Accuracy of information and limitation of liability
The Agent does not endorse or recommend any particular travel service provider. The Agent and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user you acknowledge and accept that:The Agent cannot and has not checked the accuracy of all information provided by travel service providers such as airlines and hotels. The hotel listings may include errors and travel service providers such as airlines, hotels, wholesalers and car suppliers are requested and encouraged to correct and update their information regularly and as needed. The Agent will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the facility.You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. Any Agent’s role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable. The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control. The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent’s default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.
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3. Warranties
To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine. The site and any service or facility are being offered to you “as you see it”. The Agent will not be liable to you for the breach of any alleged warranty.
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4. Use of the Booking Engine (booking Online)
In making a hotel, air or car reservation for you through the booking engine, the Agent will be acting as agent of the hotel/wholesaler, car hire company or airline concerned. The Agent accordingly accepts no responsibility or liability for any misunderstanding or error, whatsoever and howsoever caused, in respect of any reservation made through the booking engine. The onus rests on you to read the booking rules and ensure your booking abides by these, to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the hotel,car hire company or airline via the Agent.
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5. Use of your contact information
As user of this travel web site and any service or facility such as the booking engine, you agree and consent that the Agent may use, including to share with third parties, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) for all purposes directly connected with your reservation request.
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6. Indemnity
As a condition for your use of this travel web site including any service or facility such as the booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission on your part.
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7. Clients Responsibility
By registering for the service, you warrant to us that you are at least eighteen years old You must have sufficient credit on your credit card account to meet all charges for travel services you book through this web site. You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make. You must keep secure any means of identification that we provide to you in order to access the service. You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification. You must not use the service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your membership identification or password. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You acknowledge that we may receive all commission from transactions entered into using the service.

TRAVEL SPECIFIC TERMS AND CONDITIONS

1. Fares & Prices
Airfares and prices displayed in fare finder or when booking online or on this site do not include taxes or airport charges and are subject to Airline/ provider availability. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by one of our consultants and paid for. Airline/hotel/car availability, fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Taxes, airport charges and any additional costs will be advised to you when your booking is confirmed. Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until the booking is confirmed by one of our consultants . Airlines and other suppliers may change their prices without notice.
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2. Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail or telephone call within 48 hours of your request being received. Please ensure you check your e-mail regularly. Payment must be received within 72 hours of booking confirmation unless otherwise agreed by us the agent. Failure to pay for tickets within this time results in automatic cancellation of the booking. We accept no responsibility for loss incurred due to automatic cancellation or failure of e-mail delivery.
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3. Travel Documentation
Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. We will assist in providing information based on the information supplied by you in the booking form or booking engine. This information as well as other related information supplied by the Agent and any links within the site are supplied in good faith; however should be treated as a guideline only. The final responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is the responsibility of you. The agent will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.
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4. Liability
We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and ‘as is’. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall we be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within this site.
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5. Booking Cancellation
and Amendment ChargesCertain fees may be payable in respect of transactions entered into using the Service, as notified at the time of the relevant transaction. These fees may include cancellation fees and, where amendment is permitted, amendment fees. In some cases, Agents may charge cancellation and/or amendment fees in addition to those imposed by travel service providers. Unless otherwise notified to you at the time of entry into the relevant transaction, a charge of $150 is payable to the Agent in respect of any cancellation, and, where amendment of a booking is permitted, a charge of $30 is payable to the Agent for each permitted amendment in addition to any applicable airline/operator fees. Before entering into a transaction, you should carefully check to see whether any other cancellation or amendment fees apply. These charges will be deducted from your credit card at the time charges are incurred.
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6. Travel Insurance
It is recommended that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.
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7. Better Business Reforms Act (NSW) 01 July 2020
We may receive remuneration through commissions, financial incentives or otherwise (financial arrangements) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.
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8. Changes to these Terms and Conditions
The Agent has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions