Terms & Conditions
Terms and Conditions
The Travelling Agent
Please read the following carefully. Making payment towards your travel arrangements indicates acceptance of these terms and conditions.
By submitting the enquiry form, you confirm that you have read and accept these Terms and Conditions.
General Booking Conditions
These general terms and conditions together with the relevant terms and conditions of the Third Party Suppliers apply to any travel products/services you purchased through us.
a) You acknowledge and agree that you have read and understood these general terms and conditions; and any terms and conditions imposed by Third Party Suppliers, for whom we act as an Agent,
b) Once you pay for your booking (whether in full or in part) you enter into a legally binding contract to acquire the relevant travel or travel related products and/or services with the Third Party Suppliers.
c) If you make a booking on behalf of someone, you warrant that you have the authority to accept and do accept on behalf of that person to be bound by The Travelling Agent’s general terms and conditions and the relevant Third Party Suppliers’ terms and conditions.
d) You warrant that the information provided to The Travelling Agent about yourself, and those travelling with you, is true, accurate, current, and complete.
INTRODUCTION
The Travelling Agent is an experienced, accredited and knowledgeable and professional travel agency, committed to delivering personalised travel experiences tailored to your individual needs. As a service- based business, we pride ourselves on the expertise, attention to detail, and care that our Travel Specialists provide throughout the planning and booking process. The level of support, experience, and service we offer is distinct from that of online travel agencies or booking websites. By engaging our services, you acknowledge and accept the value of our professional support and agree to enter into this service agreement with an understanding of the personalised experience we deliver.
UNDERSTANDING THESE TERMS AND CONDITIONS
The following Terms and Conditions apply to all the products and services sold by The Travelling Agent (Amanda Doolan The Travelling Agent ABN 90678223722 (“The Travelling Agent”). Your payment to The Travelling Agent is your acknowledgement that you have read, understood, and agreed to be bound by these terms and conditions. These Terms & Conditions are current as of today’s date.
YOUR PERSONAL RESPONSIBILITY UNDERSTANDING TERMS AND CONDITIONS
Should you be in a position where you are unable to understand any part of these terms and conditions due to required clarification, English as a second language (Language barrier), reading difficulty or visual impairment – it is your responsibility to notify your Travel Specialist and nominate a trusted family member, guardian or next of kin to ensure that these terms are effectively communicated to you and understood prior to the booking of travel services. The Travelling Agent does not accept any responsibility for your misunderstanding of these Terms and Conditions if you do not disclose or any of the above prior to finalising your arrangements.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean The Travelling Agent. Your payment to The Travelling Agent is your acknowledgement that you have read, understood, and agree to be bound by these terms and conditions. These terms and conditions apply to bookings you make with us over the phone, by email, in our office as well as online bookings you make on our website. We will rely on the authority of the person making the booking/providing their signature and initials on this literature, to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.
AGENCY
The Travelling Agent (“us or we”) act only as agents for the suppliers providing transportation, sightseeing, accommodation, or other services comprising your booking (“the Suppliers”). All coupons, receipts and other documents are issued subject to the terms and conditions specified by the Suppliers. By accepting the coupons, receipts and tickets and/or utilising the services, you agree that we do not have any obligation to you whatsoever for the operation of the travel arrangements. Our obligation is limited to making travel bookings and arranging relevant contracts between you and the Suppliers. We have no responsibility for these services, nor do we make or give any warranty or representation regarding their standard. We will disclose the identity of the Suppliers during the booking process and your legal recourse for travel services is against the Suppliers and not us. If for any reason (excluding fault by us), any Suppliers are unable to provide the services for which you have contracted your remedy lies against the suppliers and not with us.
LIMITATION OF LIABILITY
To the extent permitted by law, The Travelling Agent does not accept any liability in contract, tort or otherwise for any death 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 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 terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
GOVERNING LAW
If any dispute arises between you and us, the laws of Queensland will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and waive any right that you may have to object to an action being brought in those courts.
NAMES
All international airline tickets must be issued as per passport (Or photo ID for domestic trips). Carriers will deny carriage if the name varies and the booking may be cancelled. It is strongly advised that you supply a copy of your passport at the initial booking stage to ensure it is booked correctly. If you are not in the position to do so at the time of booking, your travel specialist will provide a myriad of opportunities to check spelling of names as per passport when reviewing your Itinerary. We will not at all be held responsible for the ticketing of incorrect names where your omission or misguided spelling is relevant.
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. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport. 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 because 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).
Please ensure that the first name and surname that you provide for your travel arrangements is exactly the same as it appears on your passport. Any discrepancy regarding names can result in denied boarding at the point of departure and The Travelling Agent is not liable for any costs to rebook or reinstate your original arrangements. The same applies for passports without the required validity mentioned above.
If you need information regarding visas, passports, and other travel document requirements for your trip, please contact us. We can provide you with general information 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 (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy of information provided by any external service 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).
International travellers booked on flights to the Unites States, including Hawaii, must pre-register their intent to travel under the US Visa Waiver Program. Applications can be made via the Electronic System for Travel Authorisation website, and each passenger must complete this application a minimum of 72 hours prior to their flight departure. Passengers who fail to complete their application may be refused to board their flight by the airline. Re-entry visas may be required for travellers returning to Australia on foreign passports. It is your own responsibility to ensure you have the correct documentation in place prior to departing Australia.
BEFORE YOU BOOK
Whilst your travel specialist will endeavour to assist in advising all relevant information pertaining to your destination – it is your individual responsibility to ensure you are up to date with the latest advice and requirements specific to your destination and individual requirements including visas, entry and testing requirements. Directives and requirements can change suddenly, without notice. Failure to adequately consider, prepare, or finalise travel or health related documents/requirements pertaining to your individual needs may result in airline boarding denial and remains the responsibility of the individual embarking on the relevant journey.
The Travelling Agent excludes all associated liability in the areas of travel, visa and testing requirements and will not provide compensation; financial or otherwise – should boarding denial take place because of inadequate preparation or misinterpretation on your part; of entry requirements to your destination.
VACCINATION, MEDICAL AND HEALTH REQUIREMENTS
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel 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 smarttraveller.gov.au). The Travelling Agent does not provide guidance or advice on medical/health requirements for your upcoming holiday. Your doctor is the expert on your individual health requirements and can give you advice on travelling that’s specific to your health care needs. Take their advice.
· See your doctor prior to departure. You need enough time to apply their advice. ·
· Ask if it’s safe for you to travel. Especially if you’re a mature traveller or have a pre-existing condition. If you rely on specialised care, it may be hard to find overseas.
· If you’re planning to travel while pregnant, talk to your obstetrician, travel insurer and airline. They can advise if there’s any other steps you can take to reduce risks to you and your unborn child. Tell your doctor where you’re going.
· Ask for preventative advice that suits your needs in that destination.
· Ask your doctor what vaccinations or boosters you need. Some require several courses over time.
· Ask for practical advice for while you’re away. Your doctor can advise you how to reduce the risk of having problems health problems overseas.
VACCINATION, ENTRY, TESTING & QUARANTINE REQUIREMENTS (PERTAINING TO COVID-19)
Before placing your booking, and prior to departure, it is your individual responsibility to ensure you check the latest airline and government travel requirements to help you plan to enjoy a seamless and stress-free journey. Before travel, ensure you check the latest government travel requirements, which may include mandatory health declarations, border entry declaration/exemptions, use of face masks, entry permits, pre approval, and quarantine (possibly at your own expense), or you could be denied entry. We’ve listed some helpful resources for you below.
TRAVEL INSURANCE
Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for both domestic and international travel.
Please note that is your responsibility to thoroughly peruse the Product Disclosure Statement relating to the travel insurance product you are considering purchasing, to determine whether the product is right for you. It is also your responsibility to disclose areas of concern in relation to your requirements for travel insurance.
The Travelling Agent is a distributor of Cover-More, Go Insurance, and nib Travel Services, offering travel insurance products offered by these insurers. We are not an authorised representative and are unable to provide personal advice or make recommendations regarding these products – only refer you to relevant sections of the PDS.
TRAVEL INSURANCE WAIVER
Should you wish to source an alternative Travel Insurance Policy not authorised, endorsed or sold by us – please note that it is a company requirement to sign, date and return the requested Waiver Document provided by us prior to releasing your final documents. If you elect to purchase an insurance product that is not endorsed, represented, authorised, or sold by us we are limited in the assistance we will be able to provide in the event of an emergency. If you are seeking an alternative product not represented by The Travelling Agent it is solely your responsibility to ensure you liaise with the relevant PDS and personnel who can assist in obtaining an understanding of the product you are purchasing.
DISCLOSURE OF PRE-EXISTING MEDICAL CONDITIONS FOR TRAVEL INSURANCE POLICIES
Should you wish to seek any coverage or screening for pre-existing medical conditions, applicable to an insurance product sold by The Travelling Agent, please consult The Travelling Agent for further information. Based on the product of interest, it is your responsibility to ensure you have thoroughly read and understood the criteria for declaration, coverage and exclusion of pre-existing medical conditions. The Travelling Agent does not take any responsibility for costs associated with the misinterpretation or failure to assess such information as it relates to you, nor do we accept responsibility or financial obligation arising from your omission or lack of understanding of such requirements or obligations pertaining to you and your traveling party.
TRAVEL INSURANCE DISCLAIMER
The Travelling Agent, ABN 90 678223722 is a distributor of nib Travel Services (Australia) Pty Ltd (nib), ABN 81 115 932 173, AFSL 308461 and and Covermore travel Services ABN 95 003 114 145 and receives a commission for these products purchased through The Travelling Agent. The Travelling Agent acts as an agent for nib and covermore, and not as your agent. The Travelling Agent cannot give advice about these 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 these product, see the Product Disclosure Statement for the complaints process. This insurance is underwritten by Pacific International Insurance Pty Ltd, ABN 83 169 311 193.
DISCLOSURE OF COMMISSIONS/INCOME
We hereby disclose that we may receive fees, commissions, gifts or financial incentives from Suppliers and/or other third parties as an inducement, in relation to or as a result of booking your travel arrangements (“the commissions & incentives”). You acknowledge, accept, and agree to The Travelling Agent receiving these commissions and incentives. By transacting with us, you acknowledge, accept and agree to us receiving these commissions and incentives.
INBOUND TRAVEL BOOKINGS
In the event we have been requested to finalise the necessary travel arrangements for an inbound passenger we do not, under any circumstances accept responsibility or provide compensation for any visa requirements associated/required by the individual traveling inbound from their native country, nor do we under any circumstances accept responsibility or provide compensation for any visas should they be incorrectly obtained. If the individual traveling inbound obtains an incorrect visa and is denied boarding from their origin or is deported from Australia upon arrival, our agency will not provide compensation or take any responsibility associated with the above. We act as the booking agent only. Under these circumstances, The Travelling Agent is not in a legal position to provide the inbound traveller a suitable Travel Insurance policy as their products pertain to return bookings only. The traveller will be required to source their own policy, perhaps native from their departing country.
ONE-WAY TRAVEL BOOKINGS
In the event we have been requested to finalise the necessary travel arrangements for a one-way outbound passenger we do not, under any circumstances accept responsibility or provide compensation for any visa requirements associated/required by the individual traveling one-way outbound from their native country, nor do we under any circumstances accept responsibility or provide compensation for any visas should they be incorrectly obtained. If the individual traveling one-way outbound obtains an incorrect visa and is denied boarding from their origin or is deported from Australia upon arrival, our agency will not provide compensation or take any responsibility associated with the above. We act as the booking agent only. Under these circumstances, The Travelling Agent is not in a legal position to provide the inbound traveller a suitable Travel Insurance policy as their products pertain to return bookings only.
FREQUENT FLYER MEMBERSHIP
When booking with The Travelling Agent, please let them 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. Please note if you are a frequent flyer member you should retain your air ticket and boarding passes as proof of travel as The Travelling Agent cannot be held responsible for missing points and you’ll need this proof to claim directly with the airline. Always check your boarding pass is printed with your membership number on it. It is your responsibility to check with your frequent flyer program whether the booking class on your reservation is eligible for frequent flyer points and at what rate. Not all booking classes are eligible to upgrade with points and you must notify The Travelling Agent at the initial booking stage so that we may allocate you the correct fare to be eligible for the upgrade system with your frequent flyer program.
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. Please note that many airlines now charge a fee for such services, which can be advised by request. All reasonable care is taken to request the bedding configuration that you would like, but the final allocation will be made by the supplier upon check-in and sometimes the particular room with requested bedding may not be available. The Travelling Agent bears no responsibility for the inability of the Supplier to facilitate your requests.
TRAVELING WITH INFANTS & CHILDREN
Please note that bookings for infants do not include a seat on an aircraft unless a child price has been paid for. Most hotels/resorts will charge a daily fee on arrival for use of a rollaway or cot. These charges are solely the traveller’s responsibility to pay directly.
AIRLINE SCHEDULE CHANGES
Airline schedule changes may impact your booking and are completely out of our control. It is your responsibility to contact the airline prior to departure to ensure there is no change to the schedule departure time. The Travelling Agent will attempt to contact you if we are made aware of any such changes but will not be liable for any costs incurred if contact cannot be made. Whilst overseas, it is strongly advised that you contact the airline within 24 hours of your scheduled flight to ensure the most up-to date information.
FLIGHT CONNECTIONS
If you have purchased separate (multiple) tickets and you are transiting or connecting from one ticket to another, we cannot accept responsibility for any future schedule changes that may affect your connecting times, as they are not guaranteed. Please note that when booked on multiple airlines (and sometimes the same airline) you may need to check in your baggage with each airline at the transit point.
LOW-COST CARRIERS
Bookings made on low cost carriers in some instances do not include a check-in baggage allowance. Check-in baggage allowances included in the fare purchased will be listed on your booking confirmation from the airline and discussed with you at the time of booking. Please contact The Travelling Agent directly prior to your scheduled departure if you require to add or increase your check-in baggage limit. Baggage fees may be charged directly by the airline for adding or increasing check-in baggage allowances, please note higher charges may be imposed at the airport for any additional requirements that are not pre- arranged. Check-in baggage fees are non-refundable once purchased.
CARRY-ON BAGGAGE RESTRICTIONS
Please note there are rules for taking liquids, aerosols and gels on flights. Please ensure you familiarise yourself with these rules prior to embarking on your journey.
PRICING
Prices are quoted in Australian Dollars. All prices are subject to availability and can be withdrawn or varied without notice. Prices are at the discretion of the supplier, prior to booking and out of control of The Travelling Agent. The price is only guaranteed once 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 adverse currency fluctuations, fuel surcharges, taxes and airfare increase. Please contact us for up-to-date prices relating directly to the nature of your booking. Please note, it is your responsibility to initiate follow-up, hold or finalization of travel arrangements.
QUOTATIONS, PAYMENT DEADLINES & INSTANT PURCHASE INVENTORY
· If your itinerary specifies an ‘instant purchase’ status for certain arrangements, it means those arrangements cannot be reserved and require immediate payment for confirmation.
· If your itinerary specifies ‘quotation only’ all arrangements set forth in the proposal unless specified by your travel specialists are on a quotation basis only, which means that no arrangements are being held on your behalf and pricing and availability is subject to change until booked, held, and deposited and/or paid in full.
· No inventory will be secured until the full balance owing, or deposit amount is paid to our agency by the specified date on your itinerary/invoice – this means that if the advised payment deadline is missed, inventory may change in price if repriced or re-held thereafter.
· Prices are quoted in Australian Dollars.
· All prices are subject to availability and can be withdrawn or varied without notice.
· Prices are at the discretion of the supplier and out of control of the Booking Agency.
· The price is only guaranteed once 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 adverse currency fluctuations, fuel surcharges, taxes, and airfare increase.
· Please note, it is the individual’s responsibility to initiate follow-up, hold or finalization of travel arrangements. Your Travel Specialist will not be held liable for pricing increases due to your delay (Intentional or otherwise) in responses to quotations provided.
YOUR PERSONAL RESPONSIBILITY FOR ACCURACY IN SECURING BOOKINGS
· Please strongly note that is your responsibility to ensure that all arrangements set forth in the above Itinerary are correct as per your requests/discussions with your Travel Specialist.
· This includes travel dates, origin and destination and spelling of names.
· The arrangements outlined in the above Itinerary are current at today’s date and supersede any previous version provided by your Travel Specialist.
· Should any element of the above not meet your expectations or need amending, action must be made prior to your payment.
· The above, outlined version of your Itinerary is the exact version your Travel Specialist will reference in securing your booking, so it is essential that all arrangements are in line with your expectations, as they are listed in the above.
· Should amendments be required, it is your responsibility to advise your travel specialist prior to payment and ticketing/finalization of arrangements.
· Once payment is made and amendments are required thereafter, fees will apply.
· The Travelling Agent cannot accept responsibility for any incorrect arrangements made if you’ve paid based on an inaccurate invoice. This includes at the time of final document dispatch or discovery on the day of travel.
GIFT VOUCHERS
Gift Vouchers are available for purchase at The Travelling Agent. These vouchers can be used for any product or service available at The Travelling Agent for the value listed on the voucher. The following Terms of Gift Vouchers Apply:
· Gift Vouchers are valid for a period of 3 Years from the purchase date, with no ‘activation’ required.
· Bookings must be made within this period for any available, future travel date range.
· Gift Vouchers are single use.
· Gift vouchers can be topped up.
· Gift Vouchers are not permitted for cash refund under any circumstances.
· Gift Vouchers are non-refundable.
· Gift Vouchers can be transferred under certain circumstances. Any transference to a family member or friend under alternative circumstances must be accepted by both parties in writing.
· To Redeem the value of the Gift Voucher, these vouchers must be presented upon redemption either in-person or via email.
· It is the responsibility of the Gift Voucher Recipient to utilise the value of the Gift Voucher within the specified validity period.
CREDIT CARD PAYMENTS
The Travelling Agent reserves the right to charge administration/service fees for payments made by credit card. Card types accepted by The Travelling Agent are Visa, MasterCard and Amex. Transactions made using these card types incur charges ranging from 1.5-3.1% dependent on the card type used. The Travelling Agent reserves the right to pass on your credit card details, and any other essential booking details, to a third-party supplier who may charge your card directly for all or part of your booking payment. For details of how we collect and use your personal information please view our Privacy Policy. If your credit card is not approved, we will attempt to contact you but accept no responsibility for any costs incurred in the event we are unable to contact you. Prices may increase during this time. In some instances, you may be required to provide verification documentation to substantiate identity. This is to assist us in validating the integrity of the credit card information. This process is in place to reduce the potential risk of fraud. If we are unable to contact the card holder to make such verifications The Travelling Agent cannot accept responsibility for any rebooking costs for missed ticketing deadlines. Under such circumstances any booking arrangements will be cancelled.
CREDIT CARD SURCHARGES
Merchant fees apply when settling payments using Credit Card. Please review the applicable surcharge prior to processing the payment. The Travelling Agent reserves the right to charge administration/service fees for payments made by credit card. Card types accepted by The Travelling Agent are Visa, MasterCard and Amex. Transactions made using these card types incur charges ranging from 1.5-3.1%* dependent on the card type used. Credit Card Payments are processed via a secure, online Payment Merchant, recommended by the Australian Federation of Travel Agents (AFTA) known as TravelPay. Card types accepted by The Travelling Agent via Travel Pay are Visa, MasterCard and Amex. Transactions made using these card types incur charges ranging from 1.5-3.1%* dependent on the card type used. Your statement will show TRAVELPAY.
CREDIT CARD CHARGEBACKS
If for any reason any travel service provider including airlines, do not provide the services to which you have been contracted, the liability is against that provider, and not against The Travelling Agent. If payment for such a service was made to The Travelling Agent by credit card or any other method, by accepting these booking conditions, you agree that you will not seek to charge back your payment to The Travelling Agent.
DIRECT DEPOSIT PAYMENTS
Please note that direct deposit payments may require several days for the funds to be received in our Trust Account. If you are paying by this method, you will need to provide a payment conformation receipt at the time of payment to your travel specialist prior to arrangements being finalised. While not a mandatory step in making payments via Direct Deposit/EFT Above, it is your responsibility to contact our agency by phone in advance to confirm that you are making any initial balance payments to the correct bank account and to verify the accuracy of the invoice details above. This precaution is essential to protect against potential scams and to ensure you are receiving legitimate information directly from our agency.
CHANGE & CANCELLATION FEES
Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings:
· Changes to Domestic/Trans-Tasman bookings will incur a fee of $75 per passenger per booking in addition to supplier fees.
· Cancellations to Domestic/Trans-Tasman bookings will incur a fee of $75 or 15%, whichever is higher, per passenger per booking in addition to supplier fees.
· Changes to International bookings will incur a fee of $150 per passenger per booking in addition to supplier fees.
· Cancellations to International bookings will incur a fee of $150 or 15%, whichever is higher, per passenger per booking in addition to supplier fees.
· Any fees for such change or cancellation can be made via credit card and will attract the applicable credit card surcharge.
· The Travelling Agent service fees and credit card fees are non-refundable.
· The Travelling Agent reserves the right to retain income earned and derived from fees and/or commissions on bookings in the event of cancellation by the supplier and client.
· The income earnt will not be recalled, and the client will be refunded the net value refund received from the supplier under any circumstances, including in the event of a force majeure (Refer No. 43).
· Cancellations under any circumstances will not be accepted verbally.
· Cancellations must be provided in writing to The Travelling Agent.
· The indication of your signature on such documents warrants complete understanding and acceptance of all passengers listed on the relevant document. If customers opt to cancel arrangements with the ground suppliers operating their travel and have the funds returned to The Travelling Agent to hold in trust for future rebooking of travel, The Travelling Agent will Waive the cancellation fees outlined above. However, additional fees may be payable once travel is reinstated. The outcome provided will be assessed on a case-by-case basis, pertaining to the suppliers relevant to your travel arrangements.
By transacting with us, you acknowledge, accept and agree to the above. In addition, you acknowledge The Travelling Agent’s right to reserve income derived from bookings under all circumstances – including the event of a force majeure.
SUPPLIER CHANGE & CANCELLATION FEES
Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the full amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier. Supplier cancellation fees may apply in the event of a force majeure event.
SUPPLIER BOOKING TERMS & CONDITIONS
It is your responsibility to ensure you are familiar with the Booking Terms and Conditions of the ground supplier/tour operator you have sourced through The Travelling Agent. Your Travel Specialist will provide this resource to you upon your request, however, does not accept any responsibility for your disregard or misunderstanding of these terms and conditions. The above schedule of Agency cancellation fees will apply to each booking regardless of cancellation penalties imposed, or refunds given by the relevant suppliers.
REFUNDS
We will not provide a refund to you until we receive the funds from the relevant supplier. Suppliers can take anywhere from 30 to 90 Days or more under exceptional circumstances to reimburse the costs payable to you – each supplier will vary depending on the nature of your arrangements.
In the event of a force majeure, kindly note that expected turnaround times may be longer than the time specified above. The payment of a refund may be contingent on the recovery of funds from a third party or supplier.
POST-BOOKING PROMOTIONAL OFFERS, PRICING FLUCTUATIONS OR CHANGE OF MIND
Post-booking, it may occur that a more favourable promotional offer or pricing is advertised in the public domain for your tour or cruise. It is the responsibility of the individual guest to bring this to our attention as our agency does not have the logistical infrastructure to monitor such factors on the client’s behalf. Your travel specialist will consider relevant factors relating to the feasibility of pursuing a new booking to make use of the promotional offer. It is your individual responsibility to ensure due diligence in comparing pricing, inclusion, and products prior to entering the contract of sale with us. Subject to your rights under Australian Consumer Law, there remains no guarantee that The Travelling Agent will have the ability to take advantage of the new promotional offer for your existing booking and a full review of the individual booking circumstances will apply, such as original booking conditions and new booking conditions. Pricing of tailor-made holiday packages, airfares and travel insurance once paid in full is final and cancellation for refund or credit is heavily subject to the supplier terms and conditions, as well as the cancellation and amendment fees outlined in this document.
The Travelling Agent reserves the right to retain income earned and derived from fees and/or commissions on bookings in the event of cancellation by the supplier and client. The income earnt will not be recalled, and the client will be refunded the net value refund received from the supplier under any circumstances, including in the event of a force majeure (Refer No. 43).
FORCE MAJEURE (ALSO KNOWN AS ‘ACT OF GOD’)
The Travelling Agent will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. 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. In the event that a force majeure applies, you acknowledge that you and your traveling party are legally bound by these terms and conditions.
POST-ENQUIRY UP-FRONT BOOKING FEE IMPEMENTATION
· If you request a comprehensive Travel Itinerary & Quotation from The Travelling Agent, initiate several amendments thereafter and make the decision not to proceed, please note that making a future enquiry, for the same trip or a new one, will involve a booking fee of $250.00 per person.
· This fee is payable up-front, prior to the commencement of any additional time and work and is non-refundable.
· This fee will be subtracted from the overall cost of the holiday upon finalizing your booking.
· As a boutique travel agency specialising in providing thoughtful, personalized, and thorough service, we have implemented this policy to protect the significant time and resources required to create your ideal trip.
· Travel arrangements are intricate, and The Travelling Agent’s service is tailored to each client’s needs. Naturally, providing such personalized service demands a significant investment of time. This policy ensures that your commitment to valuing our time and resources will be met with reciprocal dedication in all future holiday planning endeavours.
SUPPLIER INSOLVENCY
There is a significant risk that a Supplier may become insolvent after you have made your travel booking. If this occurs, you will likely lose any amount you have paid to the Supplier through the travel agent for that booking. The travel agent acts as your booking agent only and does not provide any warranty or assurance as to a Suppliers financial circumstances or viability. You hereby acknowledge and agree that if a Supplier becomes insolvent: You will likely lose any amount paid to your agent in respect of your booking, which your agent has forwarded to the Supplier. The agent is not liable to repay to you any amount paid by the agent to the Supplier in respect of your booking. You release and indemnify the agent from any liability in relation to any loss or damage or consequential loss and damage resulting from or incidental to the Supplier becoming insolvent and unable to provide the travel service subject of your booking. By accepting these terms, you acknowledge this risk, agree that you have been made aware of it and you wish to proceed with your booking regardless.
COMPLAINT HANDLING POLICY
How a complaint can be made
If you are dissatisfied with a travel service provided by us, you should in the first instance consider speaking directly with the staff member/s you have been dealing with. If you are uncomfortable with this or consider the relevant staff member is unable to address your concerns you can lodge a complaint with us in one of the following ways:
By completing a feedback form on our website;
By telephoning us;
By writing to us;
By emailing us; and
In person by speaking to any of our customer service staff.
If we receive your complaint verbally and we consider it appropriate, we may ask you to put your complaint in writing.
Our complaints management process is free of charge.
PRIVACY POLICY
The Travelling Agent respects your privacy and this policy sets out how we collect, use, store, disclose and otherwise treat your personal information as required by the Australian Privacy Principles (“APPs”) set out in the Privacy Act 1988 (Cth) (“Privacy Act”). Your personal information is collected by us for the primary purpose of providing travel services to you. In providing us with your personal information you are agreeing that this Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as outlined in this Privacy Policy. If you do not agree to the privacy practices outlined in this Privacy Policy you must not provide us with your personal information. However, this may affect the services that we can provide to you. For a copy of the Privacy Policy – please contact The Travelling Agent.
