Terms and Conditions
Booking & Advisory Services – Terms and Conditions
Please read the following “Booking & Advisory Services – Terms and Conditions” (Booking T&Cs) carefully, as they contain important information about your legal rights, remedies, and obligations.
By making any booking for Travel Products with Us, you agree to comply with and be bound by these Booking T&CS, which apply to any bookings you make with our consultants in-store, over the phone or by email as well as online bookings you make on our website.
Do not make any booking unless you understand and agree with the following Booking T&Cs and any other terms and conditions of the Travel Provider relating to the Travel Products you buy from us (Travel Provider T&Cs). You should read all of the relevant Travel Provider T&Cs before acquiring Booking & Advisory Services from us.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law, 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 use of our Website or the Booking & Advisory Services supplied in addition to those rights.
“We” and “us” means Cruising Australia Pty Ltd ABN 35 659 932 519, trading as Cruising Australia.
“You” or “your” means any user of our Website or any person who acquires the Booking & Advisory Services, including any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by you on behalf of another person or by another person on behalf of you).
“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Travel Provider and includes advisory and consulting services and facilitation of your purchase from one or more Travel Providers.
“Travel Provider” or “Travel Providers” means the company or person who provides you with the Travel Product such as airlines, tour and cruise operators, car hirers and accommodation providers. This may also include ticket consolidators and wholesalers that we use to facilitate travel with the Travel Provider.
“Travel Product” means the service or product provided by a Travel Provider, such as flights, accommodation and ground transport.
“Website” means our website: www.cruisingaustralia.au
2. Key Terms
a) We are a travel agent. We sell Travel Products on behalf of Travel Providers.
b) When we provide Booking & Advisory Services and once you have made a booking with us, you will have a contract with us in relation to the Booking & Advisory Services and a contract with the relevant Travel Provider(s). Subject to your rights under the Australian Consumer Law, your rights to amend or cancel your booking and any right to a refund will be governed by the relevant Travel Provider T&Cs and these Booking T&Cs.
c) We will provide to you a summary of the Travel Provider(s) change and cancellation conditions using method such as via link, via separate email, or via a summary on the itinerary. If you are not sure of the Travel Provider Terms and Condition or if you would like a full copy of the Travel Provider Terms and Conditions we will provide this to you upon request via link.
2.2 Liability of Agency and Limitation of Liability
a) Your legal rights in connection with our provision of Booking and Advisory Services are against us.
(i) Subject to your rights under the Australian Consumer Law, 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:
(ii) any failure or delay on the part of the Travel Provider or any third party in relation to the supply of Travel Products to you.
(A) any acts or omissions of Travel Providers or third parties in the course of supplying Travel Products (including any liability in contract, tort or otherwise, for any direct, indirect or consequential injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any Travel Provider and including but not limited to lost profits or savings or damages for disappointment).
(ii) any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
(B) use of (or inability to use) our Website or any linked website;
(iii) disruption to our Website;
(C) the delivery or non-delivery of the Travel Product; or
(iv) any act or omission of Travel Providers or other third parties.
2.3 Liability of Travel Provider
a) Your legal rights in connection with the provision of the Travel Product are against the Travel Provider.
(ii) You pay the Travel Provider (via us as the Agent) for providing the Travel Product to you. Once you have acquired Booking & Advisory Services from us, the Travel Provider will provide you with the Travel Product on the relevant Travel Provider T&Cs.
b) The Travel Provider is the supplier of the Travel Products and is responsible for any express or implied guarantees in relation to the supply of the Travel Products.
(iii) All information, including but not limited to representations that a Travel Provider makes on its brochures, relating to the Travel Provider or a Travel Product is provided by the 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 Travel Providers.
a) You are solely responsible for the suitability of any Travel Product that you purchase. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of the Travel Product, subject to your rights under the Australian Consumer Law.
b) We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking T&Cs and to the Travel Provider T&Cs.
3. Fees & Commissions
a) We charge certain fees for providing Booking & Advisory Services to you.
These fees represent the work done to arrange the Travel Product and liaise with Travel Providers. The fees are applicable even if the Travel Product is not used and/or the Travel Product is cancelled by you or the Travel Provider, subject to your rights under Australian Consumer Law.
b) IMPORTANT: The below Schedule of Fees lists all the fees charged by us. These are in addition to any Fees or non-refundable components charged by the Travel Providers (as detailed in the relevant Travel Provider T&Cs).
Schedule of Booking and Advisory Service Fees
AUSA Travellers: All Australian passport holders travelling on the visa waiver program are required to obtain an electronic travel authorisation prior to boarding an aircraft or ship to the USA. This authorisation can only be obtained on line on the ESTA (Electronic System for Travel Authorization) website at https://esta.cbp.dhs.gov
by completing an on-line application.
Your Cruising Australia consultant can assist you for a fee.
Canada Travellers: all Australian passport holders travelling to Canada to obtain an electronic travel authorisation prior to boarding an aircraft or ship to Canada. The ETA application will be available on line. This can only be obtained online on the official ETA website by typing: http://www.cic.gc.ca/english/visit/eta.asp
For both USA and Canada applications should be submitted no less than 72 hours prior to travel. Please note it is the responsibility of the client to apply for this authorisation. Please refer to the website for further information.
Travellers to the USA and Canada who have been convicted of drink driving charges and/or hold any other convictions are advised to apply for their visa and not use the visa waiver programme.
Applications should be submitted no less than 72 hours prior to travel. Please note it is the responsibility of the client to apply for this authorisation. Please refer to the website for further information.
|e-visa processing fee $22 prices are per person per consulate|
|Cost incurred subject to location.|
|FREQUENT FLYER REDEMPTIONS|
|Applies were Cruising Australia processes points on behalf of clients. Plus, applicable air taxes.||
Domestic Economy – $55* per ticket
International Economy – $110* per ticket
International Business/1st – $220* per ticket
Round the World – $220 per ticket
|ITINERARY PLANNING DEPOSIT / BOOKING FEE|
|This deposit will be credited towards your Reservation Deposit when a booking is made.||
Domestic – $50 per person
International – $110 per person
|RESERVATION DEPOSIT (NON-REFUNDABLE)|
|In addition to deposits required by airlines, wholesalers and operators.||
Domestic – $55* per person
International $400* per person
|Ticketing fees for all other services will apply. Please ask your consultant for further details.
In addition to fees charged by the operator.
|Wedding/Gift Registry fee – 1%
Domestic economy class air/bus/train tickets – $22*pp per sector
Trans-Tasman / International – $55* pp per sector
Online supplier – From $55* pp
Airline online check-in & boarding pass fee – From $55* per booking.
|AFTER HOURS EMERGENCY SERVICE|
|Fees will be charged to your credit card after use of service. Refer overleaf to credit authorisation.||
First 15 minutes – $55* inc GST
$33* inc GST
|In addition to any fees charged by airlines, wholesalers & suppliers, including Cruising Australia, a Cruising Australia cancellation fee will apply.||Cruising Australia cancellation fee: Cruising Australia will retain the reservation
deposit + 20% of
*Refers to from price. Please ask your consultant for a price to match your itinerary.
– Responsibility Clause: All services, coupons, receipts, and tickets are reserved and issued subject to the terms and conditions specified by the Travel Providers. (Refer individual brochures and / or websites).
– By accepting the coupons, tickets and utilising our services, you agree that, apart from certain rights you have under the Australian Consumer Law that we cannot alter, neither Cruising Australia nor any subsidiary company or representative shall be liable for any loss, injury or damage to you or your belongings or otherwise arising in any way out of our services to you.
– Your Travel Consultant can advise you on passport and visa requirements, but it is your
In addition to the Booking & Advisory Services fee, we may receive commissions, fees, gifts or financial incentives from Travel Providers in respect of your booking.
3.3 How are funds held?
a) As the agent of the Travel Provider, we collect payment from you for the Travel Products and pass it on directly to the Travel Provider. We do not hold this money and therefore do not hold money on trust.
b) Where we charge you a service fee or other fee detailed in our Schedule of Fees, this will not be held on trust as these amounts are non-refundable (subject to any rights you may have under the Australian Consumer Law).
4. Booking Terms
4.1 Travel Products are subject to availability and can be withdrawn without notice by the Travel Provider. Travel Products may also change at any time in accordance with the relevant Travel Provider T&Cs. Subject to any rights you may have against us in relation to our supply of Booking & Advisory services to you, we are not responsible for any withdrawal of Travel Products or changes made by a Travel Provider. Prices for Travel Products are not guaranteed until you have made a booking with us and received communication from us and the Travel Provider that your booking is confirmed.
4.2 When you make a booking, you must provide accurate and complete details of each traveller, and according to their passport or other identification document. It is your responsibility to ensure that all details of the booking are complete and correct for all passengers before proceeding. Some 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. This could result in the booking being forfeited. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or if you do not comply with the Travel Provider T&Cs.
5. Payment Terms
a) You will be required to pay a deposit or deposits for your booking. The deposit amount varies depending on the Travel Product and lead time to travel. In some instances, full payment is required at the time of booking. We will advise you of the deposit amount at the time of booking. OR
All deposits are non-refundable for changes of mind or cancellations by you subject to your rights to a refund or other remedy under the Australian Consumer Law.
5.2 Final payment of balance due
a) Final payment is required into our Clients’ Account as cleared funds no later than three business days prior to Travel Providers final payment date, prior to departure, unless otherwise stated.
(iv) Any failure by you to make payment of the Travel Product in full by the due date may result in your booking being cancelled and the forfeiture of any deposit you have made.
a) Unless otherwise stated, payments are in Australian dollars. Payments processed in foreign currency (currency other than the original cardholders’ country of issue), may incur a currency conversion fee. Please refer to National Australia Bank for applicable fees.
(v) All pricing is inclusive of goods and services tax (GST), or other such value added taxes, where applicable. Other taxes may apply upon check-in.
5.4 Payment methods
We accept the following payment methods:
|PAYMENT METHOD||PROCESSING FEE|
|Debit Card||Visa an additional 0.5% applies. Mastercard an additional 0.5% applies.|
|Credit Card||Visa an additional 1% applies. Mastercard an additional 1% applies. American Express (an additional 2.5% applies).|
|PayPal||An additional 1% applies.|
|Cheque||Refer to NAB current fees.|
6. Cancellation and Amendments
a) If you cancel your Travel Product, your right to a refund is subject to relevant Travel Provider T&Cs and any rights that you may have under the Australian Consumer Law. It is not within our power to decide whether you will be eligible for a refund for the cost of the Travel Product from the Travel Provider.
a) If you cancel your Travel Product, or amendments to your booking are otherwise required, we charge cancellation and amendment fees as per the Schedule of Fees in Clause 3.1 above. These fees reflect the work required to cancel the Travel Product and reflects our best pre-estimate of the costs that we will incur in managing this process. However, we will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or if the cancellation or amendment is required due to our error.
(vi) The Travel Provider may also charge cancellation and amendment fees in accordance with the relevant Travel Provider T&Cs. These fees will be in addition to the fees charged by Us. We are not liable to you for any cancellation fees, amendment fees, or refusals to refund made by the Travel Provider, subject to any rights you may have against us under the Australian Consumer Law.
6.3 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 email address you provided at the time of booking, or via your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever, subject to the Australian Consumer Law. In the unlikely event that your booking has to be cancelled, subject to the relevant Travel Provider T&Cs, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking ( less any fees charged by us under these Booking T&Cs.
7.1 Entitlement to a refund
a) Your entitlement to any refund will depend on the relevant Travel Provider T&Cs, which will apply subject to any rights you may have under the Australian Consumer Law.
(vii) We strongly recommend that you read and understand these Booking T&Cs and all relevant Travel Provider T&Cs, before making the booking. Your booking may be non-refundable.
7.2 Requesting a refund
a) Where applicable, the Booking and Advisory Services we supply include assistance with refunds. Subject to any restrictions in the Travel Provider T&Cs, you can make a request for a refund from a Travel Provider by contacting us.
(viii) If your refund request is granted by the Travel Provider, the amount of refund will be the amount paid less any fees charged by Us (see clause 3.1) and fees charged by the Travel Provider in accordance with the relevant Travel Provider T&Cs.
b) If the Travel Provider is required to or otherwise agrees to provide you with a refund for the Travel Product, we will facilitate the refund between the Travel Provider and you. Once we have received the refund from the Travel Provider, we will pass it on to you as soon as practicable.
7.3 No shows
a) If you have a booking with us in relation to a Travel but you do not show up to check-in or otherwise do not avail yourself of the Travel Product, you will not be entitled to any refund from us, subject to any rights you may have under the Australian Consumer Law.
8. Changes in Price and Itineraries for Travel Products
8.1 Price changes
a) Prices for Travel Products displayed on our Website or otherwise communicated to you are provided as an indicative guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
(ix) You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Price of the Travel Products is not fixed until you receive confirmation from us that your booking is confirmed.
b) In the event that the Travel Provider adds surcharges, fees or taxes in relation to your booking after you have booked your Travel Products with us, we will advise you of the proposed price increases. If you do not wish to incur the additional charges, you may cancel the Travel Product.
(x) In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed on our Website. You will be informed of this as soon as possible. In any case, to the extent permitted by law, 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.
8.2 Other changes
a) If a Travel Provider changes any part of your booking for reasons beyond its control, for example, due to scheduling issues or overbooking we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product being materially different, then you may cancel the Travel Product and we will refund any monies already paid subject to the relevant Travel Provider’s T&Cs, less any fees charged by us under these Booking T&Cs and at all times subject to any rights or remedies you may have under the Australian Consumer Law.
b) It is your responsibility to re-confirm all flight departure times with the relevant Travel Provider, prior to departure. We will not be liable for any costs incurred as a result of you missing any flight due to your failure to check your itinerary prior to departure.
9. Force Majeure
9.1 Subject to any rights or remedies you may have under the Australian Consumer Law, we will not be liable for any failure or delay in providing you with Booking & Advisory Services in relation to Travel Products that is due to events beyond our control, including, but not limited to: acts of God, accident, riot, 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, generalised lack of availability of raw materials or energy (force majeure event).
9.2 For the avoidance of any doubt, a force majeure event shall not include:
a) your (including third parties you may be booking for) financial distress nor the inability of you (including third parties you may be booking for) or us to make a profit or avoid a financial loss;
b). changes in market prices or conditions; or
c). your (including third parties you may be booking for) financial inability to perform your (including third parties you may be booking for) obligations hereunder.
9.3 If a force majeure event occurs that affects your booking, your entitlement to a refund, credit or re-scheduled travel booking will depend on the relevant Travel Provider T&Cs and will at all times be subject to any rights you have under the Australian Consumer Law.
9.4 If your booking is impacted by a force majeure event and you are entitled to a refund from the Travel Provider, we will facilitate this refund to you as soon as reasonably practicable.
9.5 For the avoidance of any doubt, in the circumstance that a force majeure event occurs the following fees are non-refundable (subject to any right to a refund you may have under the Australian Consumer Law):
a) the service fees paid to us in respect of your booking (referred to at clause 3.1 above); and
b) any other fees referred to in our Schedule of Fees.
10. Your Obligations and Warranties
10.1 You warrant and acknowledge to us that:
a) you are at least eighteen (18) years old and have the power, capacity and authority to enter into a binding contract with us and the Provider;
b) you have sufficient funds to pay for the Booking & Advisory Services and the Travel Product;
c) you have read and understood these Booking T&Cs and if booking on behalf of third parties, you understand that their booking is subject to these Booking T&Cs and all relevant Travel Provider T&Cs;
d) the information you provide us about you and third parties is true, accurate, current and complete (apart from any optional items) as required by any registration process;
e) you will maintain and promptly update this information to keep it true, accurate and complete;
f) you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover;
g) you have accessed www.dfat.gov.au and www.smarttraveller.gov.au for information specific to your intended travel destination; and
h) you will use the Booking & Advisory Services in accordance with these Booking T&Cs and you will not use the Booking & Advisory Services in any way to breach any laws or defame any person.
11. Passports, Visas and Health Requirements
11.1 It is your responsibility to ensure that you have the required documents, including passports and visas, before travelling to a destination. For more information please log on to www.dfat.gov.au
It is your responsibility to check with the respective Embassy or Consulate of each country that you are travelling to as many destinations require visas for both Australian and non-Australian passport holders. We recommend that you log on to www.visalink.com.au
It is your responsibility to ensure that you have at least six (6) months validity on your passport from the date you return from your departure.
11.2 We recommend that you visit the Department of Foreign Affairs and Trade’s (DFAT) websites at www.dfat.gov.au and www.smarttraveller.gov.au for information relating to safety alert levels of your intended travel destination.
11.3 For international travellers booked on flights to the USA, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an Electronic System for Travel Authorisation (ESTA) no less than 72 hours before your intended travel date. This can be obtained from the following Website: https://esta.cbp.dhs.gov/esta/
It is your responsibility to ensure that you have obtained an ESTA. Other countries may have similar requirements. It is your responsibility to ensure you have checked and obtained other relevant visas for other countries.
11.4 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. It is your responsibility to contact your local doctor to receive advice on any health requirements. Please note that vaccinations may be recommended before your travel departure date.
12. Travel Insurance
12.1 Your safety and enjoyment is important to us and we strongly recommend that you and any third parties you may be booking for obtain an appropriate travel insurance policy. A travel insurance policy may help cover any costs associated with cancellations, medical and repatriation expenses, personal injuries or accidents, death, loss of personal baggage or money, and personal liability insurance.
12.2 It is your responsibility to ensure that you are adequately protected by an appropriate travel insurance policy. We recommend you refer to the Australian Government advice on SmartTraveller in relation to travel insurance.
Disclosures – Cruising Australia acts as a distributor for a NIB Travel Insurance and Covermore Travel Insurance and receive a commission which is a percentage of your premium.
13.1 For international and domestic bookings, documentation will be issued upon payment and completion of the booking process. All travel documentation will be available for collection at least two (2) weeks prior to departure.
13.2 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 booking confirmations, will be emailed to the email address you provided as an e-document. Should the Provider issue paper vouchers, these will be posted to the address you provided.
14. Frequent Flyers and Special Requests
14.1 Please advise your consultant of your Frequent Flyer membership details for inclusion in your booking. We do not offer advice on Frequent Flyer eligibility on flights that we advertise or that you have booked. For more information on whether your airfare is eligible for Frequent Flyer rewards, you must contact the Travel Provider directly. We do not take any responsibility should a Travel Provider fail to register your trip. We recommend that you retain copies of your airline ticket and boarding pass as a record.
14.2 We will communicate any special requests that you have in relation to your Travel Product(s) but we make no guarantee that the Travel Provider will accommodate them.
15. Website and Links
15.1 We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto our Website.
15.2 The applicable terms that apply to you are the Booking T&Cs that were in effect at the time you made your booking with us.
15.3 You acknowledge that the inclusion of links on our Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that our Website or any linked website will be free from viruses, or that our Website or any linked website will be uninterrupted.
15.4 We reserve the right to correct any errors in rates or content quoted or calculated for any Travel Product, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.
17. Jurisdiction and Governing Law
17.1 All matters arising out of or in connection with the use of our Website and all of these Booking T&Cs are governed by the laws of South Australia, Australia. By accessing this Website, and by acquiring the Booking & Advisory Services, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of South Australia, Australia.
Cruising Australia collects your personal information to enable us to provide you with the Booking & Advisory Services and the Travel Products, including assisting in arrangements with suppliers (such as hotels and airlines). We will also use your personal information to personalise the service we provide you, including your experience on our and other websites, and provide you with information about our and our partners’ products and services.