Terms of Use - NZ and Beyond Holidays

These terms of use (‘Terms’) govern your use of the Australia and Beyond Holidays web site and any linked pages (‘web site’). Your use of this web site will mean you accept these Terms.

Intellectual Property Rights

The material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this web site, or create any other material using material on this web site, without obtaining the prior written consent of Australia and Beyond Holidays.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Australia and Beyond Holidays.

Authority to act as Agent

You grant Australia and Beyond Holidays if you are a non resident of Australia the authority to book products on your behalf , ie to act as your agent.

Commissions

Australia and Beyond Holidays may receive a commission from some suppliers for products booked and as a user of our products you acknowledge that we may receive a commission or fee( ie difference between the purchase and sale price) and will retain that commission.

External Sites

This web site may contain links to, or frame, web sites of third parties (“external sites”). Australia and Beyond Holidays is not required to maintain or update the links.

Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Australia and Beyond Holidays of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site.

Australia and Beyond Holidays makes no warranties and accepts no liability in relation to material contained on external sites.

Disclaimers and Limitation of Liability

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, Australia and Beyond Holidays:

Excludes all conditions and warranties implied into these Terms;

To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this web site; and

Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this web site.

Without limiting the general disclaimer, Australia and Beyond Holidays:

Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Australia and Beyond Holidays is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up-to-date;

Will not be liable for disruptions to this web site; and

Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this web site or an external site. You must take your own precautions to ensure that whatever you select for use from this web site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Travel Information

Please ensure you have the correct travel documentation. eg Visa, Passports for your travels. It is your responsibility to ensure that you and your travelling party meet the entry requirements for your journey and each country or territory you visit.. All bookings are subject to your agent’s and Australia and Beyond Holidays and its suppliers booking conditions.

Travel Insurance

It is strongly recommended that at the time of booking you consider purchasing travel Insurance appropriate yo your needs. Australian and Beyond Holidays accepts no responsibility for loss or out of pocket expenses incurred due to no or insufficient insurance coverage. It is our recommendation that you discuss this with your agent at time of booking.

Destination – Customer Enquiries

We recommend that you enquire about local issues and conditions for the destinations you are travelling to at the time you are travelling to them. Australia and Beyond holidays makes no representation as to the safety or conditions in the destinations that you are travelling to. Travel advise can be gained through local consulates and government websites.

Meals

Meals are not included unless specified under each component of the itinerary

Check in / Out Times

In most cases check in time is 2pm and check out is 10am. Please note if you decide after you check in to check out early and terminate your hotel stay earlier than originally planed. It is at the discretion of the hotel and your agent as to wether any refund for unused services will apply. Prior to checking out, please discuss and dissatisfaction directly with the hotel or service providers management, as this will be required for further investigation. The hotel and service providers will not be in a position to refund any monies directly to you please check with your agent on return from your journey.

Refunds, Amendments and Cancellations

Please refer to your agent or consultant for any refund, amendment and cancellation fees. Any changes to your booking before and during your travel may incur fees.

Any fees charged to non resident of Australia customers when they cancel their booking will not be greater than the commission or fee earned by AABH, separate to supplier fees and charges.

BOOKING TERMS AND CONDITIONS

These terms and conditions form the basis of the agreement between you and us to provide you with Booking and Advisory Services for your travel arrangements. Should you have any questions, please direct them to our office. Booking Confirmation indicates your acceptance and understanding of these terms and conditions.

What we provide to you:

1. We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider (see Definitions below). We act as an agent for the Third Party Travel Provider.

2. You pay us for providing the Booking & Advisory Services to you. Once we have provided you with the Booking & Advisory Services, we are entitled to payment from you for those services. You pay us through commissions we make [from the Third Party Travel Provider] through your booking and/or service fees we charge from you. Your Booking Confirmation is your acknowledgement that we are entitled to retain payment for the Booking & Advisory Services either from the Third Party Travel Provider or from monies to be paid by you directly.

What the Third Party Travel Provider provides to you

Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider is responsible for providing you with the Travel Product(s) on terms and conditions agreed between you and the Third Party Travel Provider.

3. It is your responsibility to ensure that you are familiar with the Third Party Travel Provider terms and conditions. These are provided by the Third Party Travel Provider and may include rules and restrictions, including but not limited to, about the use and availability of fares, changes to prices fees products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage. We strongly recommend that you obtain and carefully review all of the Third Party Travel Provider’s terms and conditions before confirming your booking.

4. You pay the Third Party Travel Provider for providing the Travel Product to you.

5. We do not (and can not) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.

We are liable to you for Booking & Advisory Services only.

6. Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services only, we are liable to you in accordance with these terms and conditions for any breaches of our obligations in providing the Booking & Advisory Services to you.

7. Save for the application of consumer guarantees, which cannot by law be excluded or which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) however caused and which is suffered directly or indirectly in connection with the:

(a) use of (or inability to use) the Booking & Advisory Service;

(b) disruption to the Booking & Advisory Service;

(d) any act or omission of Third Party Travel Providers or other third parties.

8. Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under Australian consumer protection laws but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to the Booking & Advisory Services supplied by us outside such laws.

9. Any information relating to a Travel Product or a Third Party Travel Provider provided by us to you has been provided to us by Third Party Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Third Party Travel Providers.

The Third Party Travel Provider is liable to you for the Travel Product.

10. The Third Party Travel Provider is liable to you for any breach of obligations in providing you with the Travel Product.

11. As agent for the Third Party Travel Provider, we are neither liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product nor for any failure for any party to provide the Travel Product.

12. Any loss or risk from any Third Party Travel Provider or Travel Product lies solely with you, whether arising from, but not limited to, insolvency, winding up, bankruptcy or similar.

Booking and payment terms

13. The Travel Products offered by Third Party Travel Providers are subject to availability and can be withdrawn without notice by the Third Party Travel Provider. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Third Party Travel Provider.

14. When making a booking, you must provide details of each traveller correctly and according to their passport or other identification document. Some Third Party Travel Providers will deny carriage if the traveller’s name varies from their booking and may cancel automatically if the traveller’s name is amended. We are not liable for any loss or damage arising from the incorrect entry of a traveller’s name or as a result of the Third Party Travel Provider’s policies.

15. In some situations, including times of high demand, Third Party Travel Provider may bring forward the final date for payment by you. We are not liable for any changes made by a Third Party Travel Provider to the payment due date and prices for Travel Products are not guaranteed until payment has been made in full and documents have been processed by the Third Party Travel Provider.

16. It is your responsibility to contact the Third Party Travel Provider, or our office, at least 48 hours before use of the Travel Product (including but not limited to: flights, hotels and tours). This will ensure that you are aware of any changes to the Travel Product and reduce the prospect of unexpected costs.

17. Payments processed in foreign currency (currency other than the original card holder’s country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.

18. You agree that you will obtain our prior written consent before filing any chargeback fees from your financial institution. Payment, bank or any other merchant fees are payable by you in all circumstances save if we have given you express written permission.

Changes in Price and Itineraries for Travel Products

19. The price of your Travel Product may change at any time up to your departure if any new surcharges, fees or taxes are introduced, including whether by any Third Party Travel Provider or government or if any existing surcharges, fees or taxes are varied, even after you have paid all or part of the quoted price for your Travel Product.

20. If we have to change any part of your booking for reasons beyond our control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will notify you. If any such changes result in your Travel Product being materially different, then:

(a) you may cancel the Travel Product by notice to us in writing; and

(b) we will refund any monies paid by you, less any fees payable to us for the Business Advisory Services as provided by these terms and conditions and to the Third Party Travel Providers under the terms and conditions you agreed with them.

Cancellation, amendment and refund policy

21. Generally, after Booking Confirmation, we will not provide you with a refund for the Booking & Advisory Services whether or not the Travel Product is used for whatever reason including but not limited to cancellation by you or the Third Party Travel Provider.

22. Refunds for Travel Products are subject to these terms and conditions and may also be subject to any Third Party Travel Provider terms and conditions. We note that any refund may take up to 12 weeks to be processed.

23. If the Third Party Travel Provider is required to provide you with a refund for the Travel Product, we may, at our sole discretion, elect to provide you with a refund for the Booking & Advisory Services.

24. After Booking Confirmation, if you request that we release your travel arrangements to the Third Party Travel Provider and or another agent for the Third Party Travel Provider; it is at our sole discretion whether and if so how to elect to transfer the booking/travel arrangements, you agree to release us from any liability for the transfers, pre arrangements with us 27. If you contact a Third Party Travel Provider directly or indirectly to make any changes, amendments or seek information, you are responsible for such request and any information provided to you through such request. We will not be liable for loss resulting therefrom unless we have authorised such change in writing.

25. The Third Party Travel Provider may also charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Third Party Travel Provider. For example, if you cancel your Travel Product, normally there will be no refund of your deposit, and the following cancellation fees may apply:

(a) Prior to final payment: There will be no refund of any additional Third Party Travel Provider deposit paid.

(b) After final payment: There may be cancellation fees charged by Third Party Travel Providers amounting to all or part of the cost paid.

26. Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges.

27. If we, in our reasonable opinion, form the view that any Force Majeure event prevents us (whether directly or indirectly) from lawfully or safely providing you with the Booking Advisory Services, we may immediately by written notice:

(a) terminate the booking, either in whole or in part; or

(b) make any changes to your travel arrangements as we deem reasonably necessary to ensure your safety and invoice you for any additional costs.

28. In the event of a force majeure event making it impossible or unsafe for any Third Party Travel Provider to deliver all or part of any Travel Product, we will use our reasonable endeavours to assist you to obtain a refund from the Third Party Travel Provider. Depending on the circumstances, losses may amount to a substantial proportion of the booking price. We will use our reasonable endeavours to minimise losses incurred by you.

29. All travellers/passengers must take out comprehensive travel insurance (at their own expense) for use in conjunction with the travel arrangements, covering including not limited to accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable), and personal liability. You are required to carry proof of insurance with you on your travel.

Your obligations and warranties

You warrant to us that:

(a) you are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Travel Providers of the Travel Products that you acquire;

(b) the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process (including insurance); and

(d)you have considered acquiring comprehensive travel insurance. We strongly recommend that you seek appropriate cover and we are not responsible for any failure by you to acquire adequate insurance cover.

(e)you will use the Booking & Advisory Services in accordance with these terms and conditions and you will not use the Booking & Advisory Services in any way to breach any laws or defame anyone.

30. You agree to indemnify us from and against any and all claims, actions, suits, demands, liabilities, costs or expenses and losses whether arising directly or indirectly:

(a)from the use of the Booking & Advisory Services by you or any person using the Booking & Advisory Services through any means provided to you; and

(b)from any claim arising from your travel arrangements including but not limited to any claim in relation to any Third Party Travel Provider or Travel Product.

31. you and all travellers are in good health and have a suitable level of fitness for your travel arrangements organised through us. We recommend you visit your physician, before confirming your travel arrangements with us, to seek advice in regard to any health, fitness and immunisation advice appropriate for your travel arrangements.

32. you have, prior to your Booking Confirmation, provided these terms and conditions and any Third Party Travel Provider terms and conditions to any fellow travellers and they have also agreed to be bound by same.

Privacy

33. You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy.

Jurisdiction and Law

34. The use of the Booking and Advisory Services and these terms and conditions are governed by the laws applicable in New South Wales Australia. By acquiring the Booking and Advisory Services, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of the Booking and Advisory Services and any dispute arising therefrom.

General

35. In the event that your insurer is entitled to request documents to proceed with a claim on your behalf, we will use our reasonable endeavours to provide such documents to that insurer but reserve the right not to provide same to any other party, including you, save as required to comply with Australian law.

36. Our advice in providing the Booking Advisory Services to you is general in nature. It may not be right for you and may not take into account your individual circumstances including but not limited to your objectives or financial situation or needs, travel restrictions, government travel advice nor entry and exit for your destinations.

37. You and all travellers must have passport which is valid for at least six months after the return date of your travel arrangements. You must consult with appropriate consulates to ensure that you have applicable visa, entry & exit requirements for countries included in the travel arrangements (including when you are transiting through a country). It is your sole responsibility for meeting necessary passport, visa, entry and exit requirements and paying all associated costs. Neither our office nor a Third Party Travel Provider are liable for delays or missed portions of the holiday package resulting from incorrect travel documents, visa, entry or exit requirements.

DEFINITIONS

“Booking Confirmation” includes, but is not limited to, verbal or written communication that the travel terms are agreed and / or payment of all or part of the cost of the travel arrangements.

“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, and providing payment facilities to enter into transactions with us and Third Party Travel Providers.

“Force Majeure” means any event which is not within our reasonable control and which we are or were reasonably unable to prevent, and includes but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) government action, change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.

“Service Fee” includes but is not limited to merchant fees, ticketing fees and licensing fees.

“Third Party Travel Provider” means the company or person who provides you with the Travel Product and may include additional terms and conditions as agreed between you.

“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline, flight or a hotel.