Terms and Conditions.
TDG BOOKING TERMS AND CONDITIONS
Prices are estimated and are subject to change as referred to below.
Customers must agree to accept price increases or changes to the travel arrangements if in the circumstances set out below. The price does not include the cost of travelling to or from your departure and arrival points, travel insurance, personal expenses, fuel surcharges and excess baggage charges. The price of this travel is set forth in this invoice based on airfares and rates in effect at the time of booking. Airfares and rates are subject to change and are not final until paid in full. Price increases could include fuel and baggage surcharges, tax increases, not meeting minimum sign up requirements for group travel, change of date or trip, and other unforeseeable fees. All land/tour prices are based on AUD at the above-noted exchange rate of today. Any fluctuation of this rate will result in a need to re-quote. We will notify you in writing if these fees change and/or prices increase.
You accept and agree to our terms and conditions by part or full payment of your booking.
All quoted prices are based on a minimum number of paying passengers as indicated in your quotation. Changes to the numbers may result in changes to the estimated price or modification of elements of the tour.
Please refer to the Itemised Costing page for full and detailed information on Deposit, Payments and Due Dates.
Our Group Cancellation Policy is as follows:
NO SHOW – NO REFUND
Cancellation 59 Days prior to departure – No Refund
Cancellation between 60-90 Days prior to departure – 75% of total tour price
Cancellation between 91-119 Days prior to departure – 50% of total tour price
Cancellation 120 Days and over – 10% of total tour price (deposit – see above comment)
Please Note – Third Party Supplier cancellation/conditions may also apply and will be in addition to the above.
The maximum checked baggage allowance will be advised. We are not responsible for any excess baggage charges. Your hand carry must not be too large or weigh more than 7kg, subject to airline and airport rules. Please note that you may also be travelling on a domestic flight locally or in another country. Please ensure that you check on their website for baggage allowances. We also suggest that you leave Australia with fewer than the allowed kilos to allow for anticipated purchases while away.
WE PROVIDE TO YOU
We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third-Party Travel Provider. We act as agent for the Third-Party Travel Provider. By acquiring Booking & Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third-Party Travel Provider relating to the Travel Product. You pay us for providing the Booking & Advisory Services to you. We cannot guarantee the performance of the Third-Party Provider/Supplier. All bookings are subject to the supplier’s Terms and Conditions including conditions of carriage and limits on liability. You as Customer are responsible for reading these conditions before finalising any transaction or purchase.
THE THIRD-PARTY TRAVEL PROVIDER IS LIABLE TO YOU FOR THE TRAVEL PRODUCT
As agent for the Third-Party Travel Provider, we are not liable to you for a breach of obligations by the Third-Party Travel Provider in providing you with a Travel Product. The Third-Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.
WHAT THE THIRD-PARTY TRAVEL SUPPLIER PROVIDES TO YOU
You pay the Third-Party Travel Provider for providing the Travel Product to you. We do not (and cannot) provide you with the Travel Product.
Travel Insurance is strongly recommended and in particular for both medical and cancellation coverage. Please refer to your Travel Manager for more information or our insurance brochures for full details and conditions. It is the traveller’s responsibility to ensure their insurance policy provides adequate cover for the duration of their travel arrangements prior to leaving home.
MERCHANT/RETAIL TRAVEL PRODUCTS
We sell Travel Products in two different ways:
- As merchant where we take payment directly from you at the time of booking confirmation
- As retail where your Travel Product will either be paid to the Third-Party Travel Provider directly at the time of booking confirmation or payable to the Third-Party Travel Provider on the date of your trip. You will be advised of all such amounts during the booking process
LIMITATIONS OF LIABILITY
Subject to Australian Consumer Law, we as travel agent do not accept any liability in contract, tort or otherwise for any injury, damage or loss (including specific, direct, indirect, consequential loss, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with the delivery or non-delivery of the Travel Product; or any act or omission of Third Party Travel Providers or other third parties, delay, additional expense or inconvenience caused by suppliers or third party providers over whom agents have no direct control.
Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under 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 these laws. All information relating to a Travel Product or a Third-Party Travel Provider is provided 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
Agents not liable for force majeure or any other event which is beyond the agent’s control or which is not preventable by agent
BOOKING AND PAYMENT TERMS
The Travel Products offered 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 to with the Third-Party Travel Provider. When making a booking, it is your responsibility to ensure the details of each traveller are correct and according to their passport or other identification documents. 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 have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or non-adherence to Third-Party Travel Provider’s policies.
It is your responsibility to ensure that all details of the booking are correct before proceeding. Travel Products are not guaranteed until payment has been made in full and documents have been issued. It is your responsibility to contact the Third-Party Travel Provider prior to departure to ensure there is no change to the scheduled departure time. Most airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’, on certain routes. We cannot be held responsible if your e-ticket does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation. All pricing is reflected in Australian Dollars unless otherwise specifically denoted on your itinerary quotation and invoice. All pricing is inclusive of goods and services tax (GST), or other such value-added taxes where applicable. Payments processed in foreign currency (currency other than the original cardholder’s country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees. Payment for Travel Products may be processed directly by our service provider or the Third-Party Travel Provider. As a result, your bank statements may display these Third-Party names instead of Travel Design Group.
For Group Travel, please refer to our formal proposal for further information on the specific supplier, merchant applicable fees and payment terms for service.
If you book a low-cost flight with us, we will make the booking on your behalf and the contract for your low-cost flight will be additionally subject to the airline’s booking terms and conditions as well as their conditions of carriage. You will receive two booking confirmations by email, one from the airline and one from us.
The reference received from the airline is required for check-in. It is your responsibility to ensure that all details of the booking are correct before proceeding. For any changes or cancellations, please contact your Travel Design Group Travel Manager.
We will dispatch a confirmation invoice to you which shall confirm your booking and payment details with the airline. We must inform you that most low-cost airlines charge additional fees for checked baggage and for in-flight food and drinks. Further information can be found on the airline’s website.
ADDITIONAL AIRLINE CHARGES
Some Third-Party Travel Providers may also charge additional fees for inflight food and beverages. Please check with the Third-Party Travel Provider for full terms and conditions. The amount of checked baggage you are allowed is determined by the seat/ticket that you have agreed to purchase. Several leading carriers have now introduced additional charges for checked baggage on either a piece or weight basis. Full details of each carrier’s baggage policy and any applicable fees can be found on the airline’s website.
We will not provide you with a refund for the Booking & Advisory Services (including credit card fees) if the Travel Product is not used. If the Third-Party Travel Provider is required to provide with a refund for the unused travel product, we will facilitate the transfer of the refund from the provider to you. We are not liable to pay you any refunds for third party providers until the provider/supplier has provided the refund to us, the agency. You acknowledge any refund is subject to the Third -Party travel provider/supplier’s Terms and Conditions. Please note that most suppliers can take 60 – 90 days to process any refund and you acknowledge that we, the agency are not responsible for supplier delays in issuing or processing refunds.
YOUR OBLIGATIONS AND WARRANTIES
You warrant to us that:
(a) you are over the age of eighteen (18) and have the power and authority to enter into an or binding contract with us and with the Third-Party Travel Providers of the Travel Products that you acquire. You warrant that you accept this responsibility on behalf of all people travelling under this contract and it is your responsibility to advise all parties of the terms and conditions contained herein this document and that you have sufficient funds to pay for the travel services.
(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
(c) you will maintain and promptly update this information to keep it true, accurate and complete. You warrant to us that you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
You warrant to us that 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.
You warrant and acknowledge that you have accessed the Smarttraveller website for any specific enquiries, information, and advice in relation to your intended destination
Customer agrees that they meet the following requirements:
You have read our Terms & Conditions and if booking for third parties, have conveyed these Terms and Conditions to them
You have read the Terms & Conditions of any suppliers or Third-Party service providers and agree to be bound by those
You are responsible for checking the accuracy of all documents provided to you
You are responsible for contacting the airline at least seventy-two (72) hours prior to confirm your travel arrangements and any changes that may have occurred.
Passport/visa and other required identification documents are your responsibility and you are to inform us of any passport/visa difficulty
Customers will not generally be permitted to board plane/vessel unless six months validity of the passport
Travel on a foreign passport may require a re-entry visa on return to Australia
You warrant that any credit card you use, you are the rightful owner of these cards and purchase is final
We recommend you register with DFAT (Australian Department of Foreign Affairs and Trade) for emergencies
You are responsible for seeking medical advice including vaccinations (some countries may deny entry) in relation to your travel
Due to Third-party health and security requirements concerning travel it is your responsibility to check and abide by these as conditions of
You are responsible for advising us of your Frequent Flyer memberships/details. You warrant that we, the travel agent is not responsible for the inability to claim points
You are responsible for ensuring you have all the required documents prior to departure
If you have a booking for a Travel Product, (including flights and accommodation) but you do not show up to check-in or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us. However, you may be entitled to a refund of any departure tax you may have paid for your flight (excluding low-cost flights).
GROUP AIRLINE CONDITIONS
Please refer to the following pages on our Proposal for detailed information on the specified airline for your particular group travel including payment and due dates terms and conditions.
- Important Notes
- Flight Details
- Itemised Costs
HOTEL / ACCOMMODATION BOOKINGS
Some Third-Party Travel Providers will require an additional charge to be paid locally (e.g. resort fee) at the time of check-in or check out. We will endeavour to do all we can to advise you of these additional charges before departure. If applicable, such amount will be estimated on the trip details page in the ‘Itemised Cost” section of our proposal. There may be taxes levied abroad but not paid at the point of purchase that is payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the Third-Party Travel Provider at the time of check-in/checkout. Where we are unable to confirm the initial requested Travel Product, we will call or email you to inform you of the details of alternative Travel Products or lack of availability. At this time, you will have the option to accept the alternative Travel Product or obtain a refund of the total monies paid to us by you for your original booking. We recommend you read the detailed description of the Travel Product including other applicable policies. For example, you must be at least 21 years old to check into a Las Vegas hotel. The ratings used to apply to the overall quality, services offered and facilities of the property. Within selected properties, some room categories may vary from the overall property rating. We do not guarantee or warrant any kind of services or level of quality offered by any hotel.
1 Star – Economy accommodation, including motels, offering basic facilities and rooms.
2 Star – Value accommodation offering limited public facilities and well-maintained bedrooms, which are simply furnished with basic amenities.
3 Star – Standard, comfortable level of accommodation offering a reasonable range of room amenities and hotel services.
4 Star – Superior standard of accommodation with well-appointed bedrooms and public areas. They offer a wide range of facilities enhanced by a high standard of service.
5 Star – Deluxe establishments providing the highest international standards of accommodation and cuisine. Offer an excellent range of facilities and pride themselves on outstanding personalised customer service. Properties in this category are considered amongst the best available in the country.
CHANGES IN PRICE AND ITINERARIES FOR TRAVEL PRODUCTS
Prices for Travel Products are provided as a guide only and may vary due to peak demand periods, changes in surcharges, fees, taxes or currency fluctuations. You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Third-Party Travel Provider may change the price of your Travel Product at any time up to your departure if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all of the quoted prices for your Travel.
In any case, you will not be entitled to claim compensation from us on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled. We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the contact details you provided at the time of booking. In the event we are not able to contact you we may cancel your booking with no liability whatsoever. In the unlikely event that your booking has to be cancelled, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking. If a Third-Party Travel Provider changes any part of your booking for reasons beyond its 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 use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the terms and conditions of the Third Party Travel Providers that you had agreed to prior to the purchase of your travel product. Please note that it is the passengers’ responsibility to re-confirm all flight departure times with the relevant airline/s prior to departure. Whilst we will endeavour to send an email notification of any changes to the original itinerary, we will not be liable for any costs incurred as a result of passengers missing any flight due to not having re-checked the itinerary prior to departure.
And by accepting these terms you agree to this disclosure
Travel Design Group Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.traveldesigngroup.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
●For the primary purpose for which it was obtained
●For a secondary purpose that is directly related to the primary purpose
●With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
●Third parties where you consent to the use or disclosure; and
●Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Travel Design Group Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
TRAVEL DESIGN GROUP PTY LTD
(03) 9686 2555
CANCELLATION AND AMENDMENTS
The Third-Party Travel Provider may charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Third-Party Travel Provider. You must call our Customer Service Team to change or cancel your booking. All changes are subject to availability, limitations and restrictions of the relevant Third-Party Travel Provider. Each fare within the itinerary you have booked carries unique rules and restrictions: If each fare has an airline change fee, then the highest fee applies to each traveller. If any fare does not allow changes, then no changes are permitted to any flight. If any fare is non-refundable, then all flights are non-refundable for International flights excluding Trans-Tasman. Please refer to the airline’s website for full terms and conditions/rules. ” The total cost of your change with us will depend on the following: airline change fee, possible fare and tax difference. Most Third-Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges. The refundable portion of your purchase price (if any) will be refunded to you and to the extent we are refunded by the Third-Party Travel Provider, we will pass this refund to you.
We will not charge a cancellation or amendment fee if: (i) You cancel or amend your booking due to a breach by us of our obligations to you or due to our fault; or (ii) The Third Party Travel Provider cancels your booking for no fault on your part. Cancellations and amendments on hotel bookings Please review the cancellation policy for your hotel booking for any penalties that may apply Hotel reservations typically cannot be cancelled 24hrs prior to the day of check-. Cancellations and amendments on low-cost carriers. If your flight booking is with a Low-Cost Carrier, you can only cancel or change your booking by contacting us or the Third-Party Travel Provider directly. You will need to provide the Third- Party Travel Provider record locator displayed on your confirmation itinerary. If you change or cancel your flight, any changes will not be reflected when retrieving from Manage Your Booking. We recommend that you save and print
any change confirmation email you receive directly from the Third-Party Travel Provider.
Cancellation by the customer and any refunds due will be granted to the maximum extent permitted by law.
Deposits already paid may not be refundable as these costs are considered a reflection of a loss of revenue to the business.
Further information on Refunds/Cancellation/Changes can be found under sections titled Refunds, Group Bookings and is also contained in
the Itemised Cost section of our formal travel proposal where applicable.
ANNEXURE TRAVEL TIPS FOR TRAVEL PRODUCTS
These tips are not legally binding terms and conditions. You should obtain and read the Third-Party Travel Provider’s terms and conditions which are legally binding on you.
PASSPORT, VISA & HEALTH REQUIREMENTS
Visas, including transit visas, are the passenger’s own responsibility. For more information please log on to www.dfat.gov.au or www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return. International travellers booked on flights to the United States, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an electronic authorisation known as ESTAA (Electronic System for Travel Authorisation) no less than 72 hours before travel to the USA. This can be obtained from the following Website: https://esta.cbp.dhs.gov/esta/
It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended for some period in advance of travelling. Travel Advice We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smarttraveller.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. Ticketing For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. In some instances, an e-ticket for flights selected may not be able to be issued. Bookings that cannot be issued with an e-ticket will have to be changed to comply with e-ticket regulations. All other travel documentation, such as hotel confirmation will be e-mailed to you as an e-document. Should the Third-Party Travel Provider issue paper vouchers, these will be posted to you.
FREQUENT FLYERS & SPECIAL REQUESTS
For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number in the special section featured in the booking engine. For bookings made by telephone via our Customer Service Team, please advise your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass. Special requests will be passed on to the Third-Party Travel Provider but cannot be guaranteed.
JURISDICTION AND LAW
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of Victoria. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Victoria in all matters.
“We” and “us” means Travel Design Group (Australia) Pty Limited (ABN 87 624 451 458), trading as Travel Design Group Online. “You” means any person who acquires a Travel Product (regardless of whether or not the Booking & Advisory Services were acquired by another person). “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.
DISCLOSURE OF COMMISSIONS
We may receive fees’ commissions, gifts or financial from third parties under this contract
This should be detailed in T & C’s to avoid issues where severe weather or other disasters prevent scheduled arrangements occurring or flights departing
Neither Party will 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.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
In the event a force majeure applies, the customer will be bound by the supplier’s terms and conditions. Pandemics – in the event of a pandemic, the customer is granted the ability to allow the agent to rebook the customer for the next 12 month’s period in line with the Third-Party Travel Provider’s force majeure special terms and conditions and agreement to do so.
We will not be responsible for any costs resulting from Force majeure whether the events are known by the party at the time or not.
THE WEBSITE AND LINKS
We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded into this Website. You acknowledge and agree that your continued use of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your use. You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted. We reserve the right to correct any errors in rates or content quoted or calculated for any Holiday Package, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.