Terms and Conditions | Precinct Travel

Precinct Travel Terms and Conditions

Background

A. A reference to Precinct Travel in these Booking Terms and Conditions shall mean Pie in the Sky Travel Pty Ltd atf Pie in the Sky Travel ABN 70 300 368 583, IATA Travel Agent Licence 0235801.

B A reference to “you” and “your” in these Booking Terms and Conditions shall mean the customer.

C These Booking Terms and Conditions contain important information about your obligations and your legal rights and remedies. By making any booking with Precinct Travel, you acknowledge that you are 18 years of age or older and that you understand and agree to be bound by these Booking Terms and Conditions and our Privacy Policy on your behalf and on behalf of any and all persons listed on the booking that you have made including anyone who is added or substituted at a later date (Travelling Party).

D You warrant that you have brought these Booking Terms and Conditions (and any other documents made available by us containing terms relevant to your Booking) to the attention of each person in the Travelling Party (and if the person is under 18 years of age, then to the person’s parent or guardian) prior to the person being added to the Passenger List. You warrant that you are duly authorised to provide the agreement and consent of each person in the Travelling Party and agree to indemnify Precinct Travel for any breach of this warranty. You specifically acknowledge that you are responsible for all payments to Precinct Travel. On request Precinct Travel may accept separate payments from individuals in the Travelling Party but You are responsible for any shortfall in monies received directly from individuals in the Travelling Party and the total cost of the booking.

1 Precinct Travels’ Role

(a) In most cases, Precinct Travel will act as an agent for, and sell various travel related products and/or services as agent on behalf of, without limitation, transport, accommodation and other service providers, such as airlines, bus, rail and cruise line operators, as well as our wholesalers and tour operators.

(b) Where Precinct Travel acts as agent, Precinct Travel’s obligation to you is to provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers, which you expressly authorise Precinct Travel to do.

(c) Precinct Travel will exercise reasonable care and skill in the selection of travel service providers, however Precinct Travel is not a provider of travel services and has no control over or liability for the services provided by third parties.

(d) All bookings made on your behalf are made subject to the terms and conditions imposed by the relevant travel service providers, including conditions of carriage, fare rules, change and cancellation policies and limitations of liability. The travel service provider’s terms and conditions are separate to these Booking Terms and Conditions.

(e) The relevant travel service provider’s terms and conditions can generally be accessed on their website.

(f) The travel service provider’s terms and conditions may include, without limitation:

(i) terms and/or fees relating to booking cancellations or changes for reasons outside the travel service provider’s control;

(ii) conditions relating to cancellations or changes on your part which may incur cancellation or change fees;

(iii) the exclusion or limitation of liability of the travel service provider; and/or

(iv) the provision of data about you or provided by you to a third party.

(g) Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem arises because of Precinct Travel’s gross negligence, fraud, criminal conduct or wilful misconduct, are not against Precinct Travel. For the avoidance of doubt, if for any reason (excluding gross negligence, fraud, criminal conduct or wilful misconduct by Precinct Travel) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not Precinct Travel.

(h) Precinct Travel will use reasonable care and skill in performing our services, however Precinct Travel will not always be able to verify if all information provided by the travel service provider is accurate, complete and correct. Subject to any rights and/or remedies you may have under the Australian Consumer Law, Precinct Travel cannot be held responsible or liable for any errors, omissions, interruptions or inaccurate, misleading or untrue information or non-delivery of information by the travel service provider.

2 Passports, Visas and Travel Documents

(a) Where applicable, all travellers must have a valid passport for international travel and many countries require at least six (6) months validity from the date of return. Some countries require a machine-readable passport.

(b) For international travel bookings, you must let Precinct Travel know if you have less than six (6) months validity on your passport or if you do not have a machine-readable passport.

(c) When assisting with an international travel booking, Precinct Travel will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point.

(d) It is also important that you ensure that you have any required visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.

(e) Travel documents include, without limitation, airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider, which may be subject to certain conditions and/or restrictions including, without limitation, being non-refundable, non-date changeable, and/or subject to cancellation and/or other change fees.

(f) Travel documents cannot be transferred to another person to use.

(g) All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees.

(h) It is your responsibility to review your travel documentation carefully and advise Precinct Travel immediately of any errors in names, dates, or timings.

(i) If you have booked online, you should retain your electronic record or you should print out and retain your travel documents as provided to you by our website (or in a follow up email from Precinct Travel). Please ensure you retain the most up-to-date version.

3 Travel Insurance

Precinct Travel strongly recommends that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance.

4 Your Health

(a) Before making a booking, you must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation.

(b) In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country.

(c) Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the relevant travel service provider in their sole and absolute discretion.

(d) While Precinct Travel will include all medical requests as a file note to the travel service provider, Precinct Travel cannot guarantee that your request will be accommodated, as meeting the needs of your medical requests are beyond the control of Precinct Travel.

5 Prices and Payment

(a) All quotes and prices are subject to availability and can be withdrawn or varied without notice, with prices are only guaranteed once your booking has been paid for in full.

(b) You will be required to pay a deposit when booking.

(c) Unless otherwise advised by Precinct Travel, all products and/or services must also be paid in full at the time of booking, including any online booking.

(d) Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable.

(e) If your deposit is refundable, this is subject to Precinct Travel having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit.

(f) A deposit will generally secure your booking/seat, however prices quoted may change before you make the final payment, as outlined above.

(g) Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.

6 Change and Cancellation Fees

6.1 Precinct Travel Fees

(a) Subject to your refund and remedy rights under the Australian Consumer Law, the following change or cancellation fees will apply to your booking:

(i) Changes to Domestic/Trans-Tasman bookings will incur a fee of $30 per booking in addition to any travel service provider fees.

(ii) Changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $75 per booking in addition to any travel service provider fees.

(iii) Cancellations of Domestic/Trans-Tasman bookings will incur a fee of $50 per person (capped at $100 per booking) in addition to any travel service provider fees. (iv) Cancellations of International bookings (excluding Trans-Tasman bookings) will incur a fee of $300 per person (capped at $600 per booking) in addition to any travel service provider fees.

(b) These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in Precinct Travel providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, your booking.

6.2 Travel Service Provider Fees

(a) In addition to the fees outlined in paragraph 6.1, changed or cancelled bookings for any reason (including by reason of matters outside your or Precinct Travel control) may also incur travel service provider fees. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued.

(b) Where Precinct Travel incurs any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify Precinct Travel for the amount of that fee.

(c) Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, Precinct Travel will not provide a refund to you until Precinct Travel receives the funds from that travel service provider.

(d) If Precinct Travel is still holding any funds, Precinct Travel can only provide you with a refund once Precinct Travel is authorised by the travel service provider to process your refund.

6.3 Change or Cancellation by You

(a) If you change any aspect of your booking, Precinct Travel will do its best to accommodate your request.

(b) All changes will be subject to any applicable travel service provider fees and Precinct Travel change fees outlined in paragraphs 6.1and 6.2, and you will be responsible for any increase in pricing that may occur as a result of your change request.

(c) If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and Precinct Travel cancellation fees and Precinct Travel will provide you with a refund for the remaining funds (if any).

6.4 Change or Cancellation by a travel service provider

(a) To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard where available or a travel credit for the full amount paid by you.

(b) Subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or Precinct Travel will deduct any unrecoverable costs, and any applicable travel service provider fees and Precinct Travel cancellation fees.

7 Unavoidable or Extraordinary Circumstances

(a) In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking.

(b) In these Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).

(c) A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than 12 hours).

8 Schedule Changes

Precinct Travel recommends that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.

9 Payments by Credit Card, Debit Card and Bank Transfer

9.1 Payment by Credit Card

(a) Credit card surcharges of 0.80% for Visa and 0.50% for MasterCard will apply when paying by credit card.

(b) Debit card surcharges of 0.39% for Visa debit card and 0.27% for MasterCard debit card will apply when paying by debit card.

(d) You authorise Precinct Travel to charge all fees incurred by you in relation to the products and/or services provided by Precinct Travel to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay Precinct Travel all amounts due immediately on demand.

(e) If you choose to save your credit card details with Precinct Travel, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.

9.2 Payments by Bank Transfer

Payment by way of bank transfer can be facilitated if required. Please contact Precinct Travel for further details.

10 Monies Not Held On Trust

You agree and acknowledge that all monies paid by you to Precinct Travel will not be held by Precinct Travel on trust for and on behalf of you and Precinct Travel may hold such monies in any account as it sees fit.

11 Service Guarantees

(a) Precinct Travel booking and advisory services come with guarantees under the Australian Consumer Law that:

(i) they will be provided with reasonable care and skill;

(ii) they will be reasonably fit for the specified purpose;

(iii) they can reasonably be expected to achieve the desired result; and

(iv) they will be provided within a reasonable time.

(b) If Precinct Travel fail to meet any of these guarantees, you have rights under the Australian Consumer Law.

(c) You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been performed properly, even if this would not be considered the case in Australia

12 Liability

(a) To the extent permitted by law, neither Precinct Travel nor any of its related bodies corporate, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any 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, insolvency, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.

(b) Precinct Travel’s 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.

(c) Under circumstances where Precinct Travel liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of Precinct Travel under applicable law (including the Australian Consumer Law) and to the fullest extnt permitted by law our maximum liablity to you is limited to arranging for the travel arrangements to be resupllier or payment of the cost of having them resupplied.

(d) This liability clause is subject to your rights under the Australian Consumer Law and nothing in these Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

13 Supplier/Travel Service Provider Insolvency

In the event of a third party provider being unable to provide you with the product and/or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law, Precinct Travel has no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.

14 Frequent Flyer or Other Loyalty Program

Precinct Travel cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.

15 Privacy Policy

We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which is available on our website.

16 Financial Arrangements

(a) Precinct Travel may receive commissions, financial incentives, fees or payments, rebates, other means including transaction processing fees, merchant service fees or other payments or credits of a similar nature and other means from third party travel service providers, card issuers, credit providers, payment service providers and/or other suppliers/partners for booking travel and travel-related products and/or services on your behalf and/or for providing other products and/or services to you.

(b) Precinct Travel is entitled to retain, and is not required to account to you, for any such fees, payments or credits Precinct Travel may receive.

17 Modifications of these Booking Terms and Conditions

(a) Precinct Travel reserve the right to modify any of these Booking Terms and Conditions at any time without prior notice. If Precinct Travel makes changes to any of these terms and 8 conditions, Precinct Travel will post the amended terms and conditions on the Precinct Travel website, which are effective upon posting.

(b) The applicable terms that apply are those in effect at the time you make a booking with Precinct Travel.

18 Disputes

(a) If there is any dispute between the parties concerning these Booking Terms and Conditions, then you must attempt to resolve any such dispute by the dispute resolution procedure set out below before resorting to alternative avenues, including litigation.

(b) The dispute resolution process is as follows:

(i) if you believe that a dispute has arisen, you must serve a dispute notice on Precinct Travel;

(ii) the dispute notice must state that a dispute has arisen and identify in sufficient detail what the dispute is;

(iii) following receipt of the dispute notice, you or your representative shall meet with Precinct Travel to seek to resolve the dispute.

19 Miscellaneous

19.1 Waiver and exercise of rights

A single or partial exercise or waiver of a right relating to this agreement will not prevent any other exercise of that right or the exercise of any other right.

19.2 Governing law and jurisdiction

(a) These Booking Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Victoria.

(b) You and Precinct Travel irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

19.3 Severability

Any provision of these Booking Terms and Conditions that are deemed to be severable or invalid will not affect the validity of the remaining provisions of this agreement.

19.4 Modification of Rights

Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Booking Terms and Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.