Terms Of Booking

Operative Provisions

1. Provision of Services

You must provide to Us all necessary or otherwise relevant information We may require to perform the Services, whether specifically requested in these Terms or not. Subject to any applicable law, if You fail to disclose something which is relevant to the Services, We will have no liability in respect of any loss suffered by You, to the extent such loss is caused by the non-disclosure.

2. Agency
   1. Predominantly, We act as an agent for Third Party Providers of transport, accommodation, or other services. When acting as an agent, We only contract with You as an agent of that Third Party Provider and not in any other respect.
   2. You acknowledge and agree that where We act as an agent unless any applicable law provides otherwise, We are not liable for any information provided by or on behalf of a Third Party Provider.
   3. Where We act as an agent You acknowledge and agree that We have no control or liability in respect of the travel or bookings carried out by Our Third Party Provider. You acknowledge and agree that any rights You may have except in respect of the Services are against the Third Party Provider.
   4. You acknowledge and agree that it is Your responsibility to carefully read and understand the terms and conditions under which each relevant Third Party Provider carries out services for You, before agreeing to receive those services.
   5. You acknowledge and agree that the Third Party Provider may cancel or amend Your travel or booking in accordance with their relevant terms and conditions. Subject to any applicable law (including the ACL), We are not responsible for any change made to Your travel or bookings by a Third Party Provider.
   6. Your tickets and bookings are not guaranteed until Our Third Party Provider provides confirmation. In some circumstances, a booking or travel may become unavailable after You provide payment to Us but before We confirm Your booking or travel with the relevant Third Party Provider. In this event We will contact You promptly to discuss Your available options, or to issue a refund if no options are suitable.
3. Passports, Visas, & Health
   1. For the purposes of providing Services to You, We will assume that You have or will be able to acquire a valid passport and visa (if applicable) at or by the time of travel and are legally able to travel to your requested destination. Please be aware that You may not be able to travel to another country if You do not have a valid passport, or if Your passport will expire less than six months from Your return date. We are not required to and will not sight or review your passport to ensure its validity.
   2. Each country has their own visa and entry requirements (which may include requirements that You receive particular vaccinations), You acknowledge and agree that it is Your responsibility to investigate these requirements in advance and ensure Your compliance. We are not responsible for any scenario whatsoever in which You are refused entry into a country. We recommend You check with the Embassy or Consulate of the country You are visiting to confirm You meet all requirements to travel to that country.
   3. Airlines, hotels, other Third Party Providers, and countries may have rules or (in the case of countries) laws regarding COVID-19, these may include vaccination requirements, travel restrictions, masking requirements, production of negative COVID-19 test results, or lockdowns. You acknowledge and agree that it is Your responsibility to investigate these rules and laws in advance and ensure Your compliance. You also acknowledge and agree, that while travelling You may become infected with COVID-19 and We recommend that You take reasonable precautions.
   4. Prior to travel We strongly recommend that You check travel guidance and advice provided by the Department of Foreign Affairs and trade on the following website https://www.dfat.gov.au/.
4. Provision of Travel Documents
   1. You must tell Us Your details, including Your name, email address, postal address and the particulars of any other persons You are purchasing travel or accommodation for as they appear on Your respective passports. If Your details do not match, You may be refused travel. We have no responsibility in the event that You tell Us any incorrect or incomplete information and recommend that you confirm Your details before purchasing any products through Us.
   2. Airlines may charge additional fees for exceeding baggage weight or size requirements. You should check Your tickets, airline terms, and any other travel documents carefully to be aware of these requirements.
5. Frequent Flyers and Other Airline Membership
   1. If You have any memberships with the relevant Third Party Provider (e.g., frequent flyer membership), please tell Us Your membership number so that We can provide this to the Third Party Provider. However, We cannot guarantee that the Third Party Provider will provide any rewards, points, or miles in respect of Your travel or booking.
6. Dietary Requirements and requests.
   1. If You have any allergies, dietary restrictions, or other requests please provide all relevant information to Us so that We can provide that information to the Third Party Provider. However We cannot guarantee that the Third Party Provider will take any steps to meet these requirements.
   2. If You require or use medical equipment (e.,g., mobility aids) please provide all relevant information to Us so that We can provide that information to the Third Party Provider. However We cannot guarantee that the Third Party Provider will take any steps to meet these requirements.
7. Payment
   1. Your chosen payment method may incur fees. At present the following fees apply to credit card payments:
      1. Mastercard – 1.5%;
      2. Visa – 1.5%;
      3. American Express – 1.8%;
      4. Diners Card – 2.5%; and
      5. International Credit Cards – 3%.
   2. You will be notified of any other fees prior to payment. Where payment is processed in a foreign country, such payment may incur a currency conversion fee.
   3. All prices shown or advertised to You are in Australian dollars unless indicated otherwise.
   4. Subject to any applicable laws, any deposit paid by You is non-refundable for a change of mind or cancellation by You, which We put You on notice may incur further fees from the Third Party Provider in accordance with their terms and conditions.
8. Schedule Changes, Cancellations, and Fees
   1. We do not guarantee that We can accommodate any schedule changes requested by You, however so that We are in the best position to assist You, We request that You provide Us with as much notice as possible of any necessary schedule change. Some Third Party Providers may not allow for some (or any) bookings or travel to be refunded or changed.
   2. If You reschedule or cancel any bookings or travel, We may at Our absolute discretion charge You a reasonable rescheduling or cancelation fee, which will be notified to You prior to cancellation. Our standard cancellation fee is $300.00 per person. In addition, Our Third Party Providers may charge a rescheduling or cancelation fee up to 100% of all money paid by You for the booking or travel in accordance with their terms and conditions.
9. Price changes
   1. Any prices which are advertised or otherwise notified to You are subject to change or withdrawal without notice. Prices are not finalised until the booking or travel has been paid for by You.
10. Third Party Terms
    1. Our Third Party Providers may have their own terms and conditions or terms of use. It is Your responsibility to make yourself aware of and comply with these terms. We will not be liable in any circumstance whatsoever for Your failure to comply with these terms.
11. Travel Insurance
    1. We recommend that You take out travel insurance.
    2. We are an authorised representative of Cover-More Insurance Services Pty Ltd (Cover-More), and receive financial and non-financial benefits when You buy Cover-More travel insurance products through Us. We and Cover-More are authorised to provide You with general advice about, and arrange, travel insurance products on behalf of the insurer, Zurich Australian Insurance Limited.You must read the Cover-More Combined FSG/PDS before You decide to buy any Cover-More travel insurance product to ensure it meets your needs and financial situation. The Combined FSG/PDS also contains information about the conditions, limits and exclusions that apply to the insurance, the 21 day cooling-off period, and how You can access Cover-More’s privacy policy and complaints handling procedures.Please contact Us to take out travel insurance through Us or if You have any questions about Cover-More’s travel insurance products. If You make a travel booking through Us and do not obtain travel insurance, we may require you to sign a disclaimer.
    3. We are a distributor of nib Travel Services (Australia) Pty Ltd (nib), ABN 81 115 932 173, AFSL 308461 and receive a commission for nib products purchased through us. We act as an agent for nib and not as your agent. We cannot give advice about nib products, and any factual information provided is not intended to imply a recommendation or opinion about nib products. Before you buy, please read the Product Disclosure Statement, Financial Services Guide and Target Market Determination (TMD) available from us. If you have a complaint about a nib product, see the Product Disclosure Statement for the complaints process. nib travel insurance is underwritten by Pacific International Insurance Pty Ltd, ABN 83 169 311 193.
12. Financial matters
    1. In providing the Services, We may receive renumeration from Third Party Providers or Our other partners in a variety of forms including direct payments, commissions, service fees, or otherwise. Subject to any applicable laws, You acknowledge that We are not required to disclose any aspect of these payments to You and that We are in all circumstances entitled to retain these payments.
    2. We will not hold on trust any monies paid to Us by You. You acknowledge and agree that We are not required to use the money You pay to Us for any specific purpose, except to the extent that We are required to do so under the terms of Our agreements with Third Party Providers to provide You with the Services.
13. Limitation of Liability
    1. We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this agreement to the maximum extent permitted by law.
    2. Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of Us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
    3. If We are liable to You in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, Our maximum liability to You for that failure is limited, at Our option, to the resupply of the services or a refund of the amount paid by You for the Services.
    4. 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.
14. Refunds
    1. Subject to any applicable law (including the ACL), if We are required to give You a refund after payment for Services has been made to a Third Party Provider:
       1. that refund will not be processed unless and until those funds are returned to Us from that Third Party Provider; and
       2. we will reduce that refund by any cancellation fees charged by Us or the Third Party Provider and any reasonable costs incurred by Us in relation to Your booking.

15. Force Majeure
    1. You acknowledge and agree that if a Force Majeure event occurs that the Third Party Provider will deal with that event in accordance with its terms and conditions (which may include cancellation of Your travel or booking or rescheduling at its absolute discretion). To the extent permitted by applicable law (including the ACL) We are not liable for and accept no liability in respect of any Force Majeure event.
16. Insolvency of Third Party Supplier
    1. If the Third Party Provider is unable to provide You with the booking or travel paid for by You due to that provider becoming Insolvent, subject to Your legal rights (including under the ACL), we are not required to provide You with a refund or organise alternative booking or travel arrangements.
17. Privacy Policy

We will deal with Your Personal Information in accordance with Our Privacy Policy. By using the Website or purchasing services from Us, You agree to the terms of Our Privacy Policy.

18. Taxes
    1. Unless indicated otherwise all fees on the Website or otherwise notified to You are inclusive of GST.
    2. In some cities or countries, extra taxes such as airport departure taxes or city taxes may be payable directly by you.
19. Governing law
    1. These Terms are governed by and must be construed under the laws of Queensland.
    2. You submit to the exclusive jurisdiction of the courts of Queensland and courts of appeal from those courts.
20. Application and Amendment

These Terms apply to all services we provide to You and any bookings you make through Us, and are incorporated into each order and supply thereof. We may update these terms from time to time by amending the version of these Supply Terms which is hosted on the Website and have no obligation to inform You of any such changes. Any such updated Terms will apply to any services we provide to You and any bookings you make through Us after the day they are updated.

21. Definitions and Interpretation
    • 21.1 Definitions

ACL: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Corporations Act means the Corporations Act 2001 (Cth).

Force Majeure: means an event which is not reasonably within Our control, and includes:

1. 1. 1. 1. act of God;
         2. industrial disturbance, for example a strike or lockout;
         3. act of public enemy, war, or blockade;
         4. act of terrorism;
         5. public riot;
         6. lightning, storm, flood, fire or earthquake;
         7. explosion; and
         8. governmental constraint.

GST: has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Insolvency: includes administration, bankruptcy, compromise, arrangement, amalgamation, receivership, reconstruction, winding up, liquidation, dissolution and assignment for or compromise with creditors, and “Insolvent” will be construed accordingly.

Notice: means a notice, demand, waiver, approval, consent or communication.

Personal Information: has the meaning given in the Privacy Act.

Privacy Act: the Privacy Act 1988 (Cth).

Related Entity: has the same meaning as in the Corporations Act.

Services: the services that we provide to You in carrying on our business of a travel agency including for example booking travel, transfers, tours and accommodation for You, assisting with obtaining travel insurance, and assisting with obtaining visas.

Sensitive Information: has the meaning given in the Privacy Act.

Terms: these terms of booking.

Third Party Provider: means any third party who we facilitate (either as agent or on-seller) providing services to you.

Unenforceable: includes, in the context of a clause, void, voidable, illegal or invalid.

We, Us, or Our: mean Travel Experts Australia Pty Ltd.

Website: means the website located at https://travel-experts.com.au/.

You or Your: mean any persons purchasing or receiving the benefit of Services from Us.

• • 21.2 Interpretation

In the interpretation of these Terms, unless the context shall otherwise require:

1. 1. 1. an inclusive definition, or an example or particularisation of a term or clause, does not limit and may extend that definition, term or clause;
      2. a reference to any thing is a reference to the whole or any part of it and a reference to a group of persons is a reference to any one or more of them;
      3. a reference to a person includes a partnership, a body corporate, an unincorporated association, a statutory authority, a quasi‑government body or a government body;
      4. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including a person taking by novation) and assigns;
      5. a reference to parties, clauses, exhibits, annexures or schedules is to the parties, clauses, exhibits, annexures or schedules of or to this document;
      6. a right or obligation attaching to two or more persons binds or benefits them jointly and severally;
      7. each gender or the neuter includes the other gender(s) or the neuter;
      8. the singular includes the plural and the opposite;
      9. where a word or expression is defined, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.