It is important that you and all members of the travelling party are aware of the following terms & conditions as they may relate all or in part to the bookings held by our office on your behalf. If you are making bookings on behalf of a couple or a group, we will be happy to provide you with more than one copy of this confirmation if requested.
Passports & Visas:
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. The name on the ticket must match the name on the passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, 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 (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let us know. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
If you are travelling to Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.
Travel Insurance:
Travel doesn’t always go as planned. If you’re going overseas, travel insurance is as important as a passport. Without it, you or your family could suffer financially if things go wrong. No matter who you are, where you’re going and what you’re doing, get insurance. Your holiday safety and enjoyment is important to us and we support the Australian Governments recommendation that all people travelling take out travel insurance.
If you have any pre-existing medical conditions (as listed in the PDS) then cover for this may need approval by the Insurer. If you need cover for a pre-existing medical condition that requires approval by the insurer, we are able to provide you with information to assist in completing this application.
NOTE: If you have taken out another Travel Insurance Policy not offered by travel key or festival travel.com.au or believe you have adequate cover from a credit card policy, we will require details of the insurance cover that you hold. In the event of a claim, should your Travel Insurance provider require paperwork from our office to support your claim, this will incur a $250.00 administration fee. If you decline the offer to purchase travel insurance through our office, you will be requested to sign an Indemnity Form before travel documents will be released.
Travel Advice including COVID-19 (Coronavirus) Guidance:
We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at www.smartraveller.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.
We strongly recommend that you familiarise yourself with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au/.
In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel.
You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
Health:
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. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smartraveller.gov.au).
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 travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination.
Deposit and Final Payment:
You will be required to pay a deposit or deposits when booking. We will advise you of how much that will be. 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. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will secure your booking/seat, however prices quoted may change before you make the final payment. Final payment is required no later than 8 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.
Financial Arrangements:
We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.
Our Change and Cancellation Fees:
Deposits are non-refundable/non-Transferable. Please refer the our Fee Schedule for Cancellation Fees.
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur 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 us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorized by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees.
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 any cancellation fees set out in your quote, tax invoice and/or itinerary (as applicable), and we will provide you with a refund for the remaining funds (if any). Alternatively, we or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or our applicable cancellation fees. If your deposit or booking is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances.
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 if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, 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 we will deduct any unrecoverable costs, and any applicable travel service provider fees and our applicable cancellation fees.
“Unrecoverable costs” means all reasonable, direct and indirect costs the travel service provider and/or we have incurred in relation to your booking, and includes amounts paid by us to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
Frequent Flyer or Other Loyalty Program:
Please let us know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We 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.
Schedule of Professional Service Fees:
The below fees are in addition to supplier fees.
| Booking Fees | $55 per passenger – Domestic/Trans-Tasman Airfare Bookings |
| $110 per passenger – International Airfare Bookings | |
| Itinerary Planning Fee | $110 per booking (credited towards reservation once booked) |
| Reservation Deposit | $250 per booking – Domestic |
| $300 per adult – International | |
| Amendment Fees | $55 per passenger |
| Cancellation Fees | $250 per booking – Domestic |
| $300 per adult – International | |
| Credit Card Fees (% determined by card – Standard or Premium) | Visa – up to an additional 1.5% applies |
| Mastercard – up to an additional 1.3% applies | |
| American Express – an additional 2.2% applies | |
| Travel Insurance Claims | For Travel Insurance not purchased with us and you require assistance with paperwork for your claim, there will be a $250 processing fee. |
What we provide you:
We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider (see Definitions below). We act as an agent for the Third Party Travel Provider.
You pay us for providing the Booking & Advisory Services to you. Once we have provided you with the Booking & Advisory Services, we are entitled to payment from you for those services. You pay us through commissions we make [from the Third Party Travel Provider] through your booking and/or service fees we charge from you. Your Booking Confirmation is your acknowledgement that we are entitled to retain payment for the Booking & Advisory Services either from the Third Party Travel Provider or from monies to be paid by you directly.
What the Third Party Travel Provider provides you:
Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider is responsible for providing you with the Travel Product(s) on terms and conditions agreed between you and the Third Party Travel Provider.
It is your responsibility to ensure that you are familiar with the Third Party Travel Provider terms and conditions. These are provided by the Third Party Travel Provider and may include rules and restrictions, including but not limited to, about the use and availability of fares, changes to prices fees products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage. We strongly recommend that you obtain and carefully review all of the Third Party Travel Provider’s terms and conditions before confirming your booking.
You pay the Third Party Travel Provider for providing the Travel Product to you.
We do not (and can not) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.
Save for the application of consumer guarantees, which cannot by law be excluded or which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) however caused and which is suffered directly or indirectly in connection with the:
(a) use of (or inability to use) the Booking & Advisory Service;
(b) disruption to the Booking & Advisory Service;
(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.
Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under Australian consumer protection laws but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to the Booking & Advisory Services supplied by us outside such laws.
Any information relating to a Travel Product or a Third Party Travel Provider provided by us to you has been provided to us by Third Party Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Third Party Travel Providers.
The Third Party Travel Provider is liable to you for any breach of obligations in providing you with the Travel Product.
As agent for the Third Party Travel Provider, we are neither liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product nor for any failure for any party to provide the Travel Product.
Any loss or risk from any Third Party Travel Provider or Travel Product lies solely with you, whether arising from, but not limited to, insolvency, winding up, bankruptcy or similar.
You agree that you will obtain our prior written consent before filing any chargeback fees from your financial institution. Payment, bank or any other merchant fees are payable by you in all circumstances save if we have given you express written permission.
In the event of a force majeure event making it impossible or unsafe for any Third Party Travel Provider to deliver all or part of any Travel Product, we will use our reasonable endeavours to assist you to obtain a refund from the Third Party Travel Provider. Depending on the circumstances, losses may amount to a substantial proportion of the booking price. We will use our reasonable endeavours to minimise losses incurred by you.
Your obligations & warranties:
You warrant to us that:
(a) you are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Travel Providers of the Travel Products that you acquire;
(b) the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process (including insurance); and
(c) you will maintain and promptly update this information to keep it true, accurate and complete.
(d)you have considered acquiring comprehensive travel insurance. We strongly recommend that you seek appropriate cover and we are not responsible for any failure by you to acquire adequate insurance cover.
(e)you will use the Booking & Advisory Services in accordance with these terms and conditions and you will not use the Booking & Advisory Services in any way to breach any laws or defame anyone.
You agree to indemnify us from and against any and all claims, actions, suits, demands, liabilities, costs or expenses and losses whether arising directly or indirectly:
(a)from the use of the Booking & Advisory Services by you or any person using the Booking & Advisory Services through any means provided to you; and
(b)from any claim arising from your travel arrangements including but not limited to any claim in relation to any Third Party Travel Provider or Travel Product.
you and all travellers are in good health and have a suitable level of fitness for your travel arrangements organised through us. We recommend you visit your physician, before confirming your travel arrangements with us, to seek advice in regard to any health, fitness and immunisation advice appropriate for your travel arrangements.
you have, prior to your Booking Confirmation, provided these terms and conditions and any Third Party Travel Provider terms and conditions to any fellow travellers and they have also agreed to be bound by same.
Privacy:
You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy. The terms which apply to you and us, may be obtained from our website.
Juristiction and Law:
The use of the Booking and Advisory Services and these terms and conditions are governed by the laws applicable in Western Australia.
Definitions:
“Booking Confirmation” includes, but is not limited to, verbal or written communication that the travel terms are agreed and / or payment of all or part of the cost of the travel arrangements.
“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, and providing payment facilities to enter into transactions with us and Third Party Travel Providers.
“Force Majeure” means any event which is not within our reasonable control and which we are or were reasonably unable to prevent, and includes but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) government action, change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.
“Service Fee” includes but is not limited to merchant fees, ticketing fees and licensing fees.
“Third Party Travel Provider” means the company or person who provides you with the Travel Product and may include additional terms and conditions as agreed between you.
“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline, flight or a hotel.
“We”, “us” and “our” means travel key & festivaltravel.com.au. Generally we act as an agent for the Third Party Travel Provider.
“You” means any person who acquires the Booking and Advisory Services and includes any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).