Update 20 August 2020
Booking Terms & Conditions
Booking and Advisory Services – Terms and Conditions
1. We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
2. 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.
3. You pay us for providing the Booking & Advisory Services to you. We may receive fees, commissions, gifts or financial incentives from third parties under some contracts.
4. 123Travel charges a non refundable service fee for the following as of 1 September 2020. This fee is deducted from your travel product once booked but is not refundable should cancellation/amendment occur. This fee is our administration expense in producing the product for you and time given.
The following will apply to all Quotes/Bookings as per schedule below:
Flights International: $75.00
Flights Domestic: $55.00
Tours/Packages/Cruises International: $150.00
Tours/Packages/Cruises Domestic: $100.00
What the Third Party Travel Provider provides to you
4. Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.
5. These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, 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.
6. Travel tips relating to Travel Products are set out in the Annexure to these terms and conditions but you should obtain and read all of the Third Party Travel Provider’s terms and conditions before acquiring Booking & Advisory Services from us. 123Travel will supply this to you for any travel package tours or provide a link for you to read.
7. You pay the Third Party Travel Provider for providing the Travel Product to you.
8. We do not (and cannot) provide you with 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
9. Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you. Please refer directly to our Payments and Refunds Policy
10.Subject to the application of consumer guarantees 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) which is suffered directly or indirectly in connection with the:
(a) use of (or inability to use) this Website or any linked website;
(b) disruption to this Website;
(c) the delivery or non-delivery of the Travel Product; or
(d) any act or omission of Third Party Travel Providers or other third parties.
(e) insolvency of Third Party Travel Providers or other third parties involved.
WAIVER
While on tour there may be instances where you may wish to join the tour escort for activities in free time outside the tour programme which may involve catching taxis or using public transport to shopping/dinner locations or other destinations chosen at the time. The tour escort and 123TRAVEL will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By signing the booking form, you agree to take part at your own risk. This waiver also covers participation in any “optional tours”.
11. 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 use of this Website or the Booking & Advisory Services supplied by us outside these laws.
12.All information on this Website 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.
The Third Party Travel Provider is liable to you for the Travel Product
13. 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.
14.The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product. 123Travel is not responsible for supplier delays in issuing refunds.
Booking and payment terms
15.The Travel Products offered on this Website 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.
16. When making an online booking, you must enter details of each traveler 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 have no responsibility 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.
17. Prices for Travel Products featured on the online booking engine are for online booking only and may differ if you proceed to book your Travel Product over the phone.
18. We are not responsible 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.
19. 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.
20. Internet bookings must be paid in full at time of booking.
21.Travel Products shown on the Website and quoted are for payments by cash only. An additional fee applies to amounts paid by credit card for air and land bookings (1.2% for Visa and MasterCard and 2% for Amex) The credit card service fee is included in the total price quoted for online air and land bookings.
22. All pricing on this Website is reflected in Australian Dollars unless otherwise specifically denoted on the screen.
23. Payments processed in foreign currency (currency other than the original card holders country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
Changes in Price and Itineraries for Travel Products
24. Prices for Travel Products are provided as a guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
25. 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 or part of the quoted price for your Travel Product.
26. 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 Third Party Travel Providers under the terms and conditions you agreed with them.
123Travel cannot guarantee the performance of suppliers but instead acts in good faith on its recommendations for third party products via past performance reviews.
Refunds
27. We will not provide you with a refund for the Booking & Advisory Services if the Travel Product is not used.
28. Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider or in our Payments and Refunds Policy.
29. If the Third Party Travel Provider is required to provide you with a refund for the Travel Product, you will receive a refund subject to these terms and conditions including the application of any cancellation fees.
Cancellations and amendments
30.If you cancel your Travel Product, we reserve the right to charge a minimum cancellation fee of AUD150.00 per person per booking for International and Domestic departures. Please note this is separate to Service Fee charges.
31. If you wish to amend your Flight Travel Product, we reserve the right to charge a minimum amendment fee of AUD75.00 per person for international bookings and AUD55.00 per person per booking for domestic bookings. Please note this is separate to Service Fee Charges
32. 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 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.
33.Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges.
34. We will not charge a cancellation fee or amendment fee if:
(a) you cancel or amend your booking due to a breach by us of our obligations to you or due to our fault; or
(b) the Third Party Travel Provider cancels your booking for no fault on your part.
(c) please note the service fee charged for work completed by the agency will not be refunded
Your obligations and warranties
35. 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; and (c) you will maintain and promptly update this information to keep it true, accurate and complete.
36. 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.
37. 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.
The Website and links
38. 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.
39. 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.
Privacy
40.You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy. The terms of our Privacy Policy are incorporated into these terms.
Jurisdiction and Law
41. 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 Queensland. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Queensland in all matters arising out of or in connection with your use of this Website and terms.
Subject to Australian consumer law, 123Travel does not acept any liability in contract, tort or otherwise for any injury damage, loss, delay, additional expense or inconvenience caused by suppliers or third party providers over whom agents have not direct control.
Agents are not liable for force majeure or any other event which is beyond the agent’s control or which is not preventable by the agent. In the event that a force majeure applies, the customer will be bound by the suppliers terms and conditions.
Force majeure clause:
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 that a force majeure applies, the customer will be bound by the supplier’s terms and conditions.
How do I know my transactions are secure?
42. 123Travel takes your security very seriously. All transactions on 123Travel are processed using NAB as our provider and on line payment system, one of Australia’s leading online transaction providers. Please use this link to NAB to read their security policy for on line transactions.
Link: NAB Data Security Policy
Do you store my credit card details
43. 123Travel does not store your credit card details.
NOTE: 123Travel has its own payments and refund policy in relation to tours and travel arrangements organised directly through them as a supplier. Please refer to these policies when booking a 123Travel Tour.
Definitions
“We” and “us” means Development Holdings (QLD) Pty Ltd ATF 123TCT Trust (ABN 57 526 321 055), trading as 123Travel, an accredited travel agent with ATAS. (No. A12574)
“You” means any user of this Website and includes any person who acquires a Travel Product (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, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).
“Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline,tour or a hotel.
“Website” means this website.
“Travel Tour Package” means the booking of a seat in a full tour provided by 123Travel in conjunction with a third party supplier.