Terms and Conditions
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Conditions of Business

In these standard conditions of business we, us and similar expressions, refer to Global Wise Travel Pty. Ltd. ACN 107 658 015 (ABN 78 107 658 015 and Travel Agents Lic. 32577); and you, your and similar expressions, refer to you, our customer. These conditions apply to all supplies of services by us to you, unless otherwise clearly agreed in writing signed by us and you.

Quotations and orders

Any quotation is merely an invitation to you to place an order with us. We issue quotations based on information supplied by you to us. If the information you supply is not correct, you might order goods and services which are not suitable for your purpose.

If you offer to purchase goods and our services based on a quotation from us, then your offer is subject to these conditions.

We are not obliged to accept any order from you. If you place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted.

Our conditions prevail

These conditions apply and prevail even if they are inconsistent with anything said or implied in any earlier or later terms and conditions for use of any website of ours, brochure, proposal, quotation, booking conditions, itinerary, voucher, ticket or other document provided to you. To the extent that they are not inconsistent with these conditions legal obligations will continue to arise from those documents.

Our services

We identify product and service suppliers and recommend itineraries, tours, transfers and travel, including by rail, road, water or air, for our customers and their nominees. We may also agree in writing to provide the services of a tour guide. We will provide these services to you if we accept an order from you.

We make bookings and issue vouchers to be redeemed by other independent suppliers. The actual services to each passenger when travelling or on tour are provided by other independent suppliers. In addition, certain software and data we use to communicate to customers are the copyrighted property of the Suppliers as defined below (collectively, “Service Providers”) their third-party providers and distributors or one or more of them. No joint venture, partnership, employment, agency or fiduciary relationship exists between you and us as a result of your acquisition or use of travel, accommodation and tour products and services we identify and recommend. In our role as a travel retailer the products and services are sold by us as an agent for tour operators, airlines, coach operators, hoteliers and wholesale companies and other suppliers providing services (“Suppliers”). It is important to note, therefore, that all bookings with Service Providers are subject to the terms and conditions and limitations of liability imposed by the Service Providers included but not limited to shipping, rail, car hire and restaurant operators, whose services we utilise, some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to luggage.

We will not make any reservations on your behalf until you pay us a deposit of $100 per person (or such other amount as may be notified to you). The deposit paid is deductible from the full price you must pay for the goods and our services.

You may only use our services to make legitimate reservations or purchases and shall not use our services for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not use our services in breach of, or to breach, any law, rule or regulation.

You acknowledge and agree that you will not use, nor will you permit any use of, our services in conjunction with any of your activities or business by anyone that is named on the consolidated list kept by the Department of Foreign Affairs and Trade under Regulation 8 of the Charter of the United Nations (Terrorism and Dealings with Assets) Regulation 2002 of the Commonwealth of Australia. You shall automatically become unauthorised to use our services in the event of a breach of this obligation.

Our fees

We are paid for the goods and services we provide to you in a number of ways. We may charge you a fee, be paid a fee by the service providers or both. The prices we and the service providers charge you for supplying the goods and our services are included in the quotation.

If requested by you, we will supply details of the actual fee we are paid for providing the goods and our services after the relevant service providers provide us with the appropriate details. Due to the nature of the travel industry and the possibility of changes to itineraries and fee scales, we are not able to provide you with this information beforehand. We want you to be aware that certain Service Providers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time we may also provide incentives to our employees. Certain Service Providers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, we may receive benefits from credit card companies when you use credit cards to pay for supplier products and services. From time to time we may enter into other business relationships with Service Providers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying Service Providers and recommending itineraries, we may consider a number of factors, including supplier availability, your preferences and any other agreements we have to book travel in accordance with your company’s travel policies. The relationship we have with Service Providers may also influence the suppliers we identify and the itineraries we recommend.

In addition to the fees set out in paragraph 4.1, we will charge you, and you agree to pay, the following fees -

a handling fee of $25 for individual bookings and $100 per person for group bookings (minimum of 10 people traveling), which is non-refundable

a late booking fee of $35 per person for all bookings made within 14 days of departure from any destination in Australia

an additional booking fee of $30 per reservation for individual bookings where the booking consists of less than three nights accommodation or where only car hire is required;

a booking amendment fee as set out in paragraph 7.1;

a cancellation fee as set out in paragraph 8.1.

Prices

Unless otherwise expressly stated in the quotation, all prices are in Australian dollars and do not include any sales tax, goods and services tax, stamp duty and all other excises and duties that may be imposed in relation to these conditions or the supply of the goods and our services. Each of them is payable by you and if paid by us must be reimbursed on demand.

All prices provided in our quotation for goods and services acquired from or to be utilised overseas are subject to currency exchange rate fluctuations and may change until full payment has been made.

The cost of visas, insurance, excess baggage, reservation fees, meals not mentioned in our quotation, vaccinations, beverages, tips, laundry costs, telephone calls, service to hotel rooms and international departure taxes are not included in quoted prices unless specifically identified.

We make no representation about the price of the goods and services acquired on your behalf and our services. You may be able to obtain the goods and similar services at a lower price.

Payment

You agree to pay to us the full price for the goods and our services and any charges payable under paragraph 4.3 in cleared funds at least 45 days before the earlier of your travel departure date, the first night of booked accommodation and first day of vehicle hire (Departure Date). If travel arrangements are booked within 45 days of the Departure Date, the full price is payable at the time of making the reservations.

All payments must be by cash, bank cheque or EFTPOS. Credit cards will only be accepted in some circumstances by prior arrangement.

You authorise us to complete any documents necessary to enable you to make any payments through any credit card system.

All money received by us from you may be applied as and when we deem necessary in payment of goods and services to be provided.

Amendments

If you wish to amend your reservation -

before documents are issued, no fee will apply for the first amendment. For each subsequent amendment to an existing booking, you must pay a fee of $25;

after documents are issued, you must pay a fee of $150 for each amendment to an existing booking.

We will not amend any reservation until you pay us the booking amendment fee.

Cancellation

Once we make a booking for you, you may only cancel it on payment of a cancellation fee for the services we have provided up to the date of cancellation and for cancelling the booking. The cancellation fee will be the fee that is charged by the service provider plus the following fee

where an individual booking is cancelled -

45 days or more prior to the Departure Date - $100;

between and including 35 days and 44 days prior to the Departure Date - the greater of the deposit payable under paragraph 3.3 or $200;

between and including 16 days and 34 days prior to the Departure Date - the greater of 25% of the total amount owing for that booking or $300;

between and including 8 days and 15 days prior to the Departure Date - the greater of 50% of total amount owing for that booking or $400;

between and including 7 days and the Departure Date - total amount owing for that booking (unless the service provider has charged the total amount owing for that booking in which case the cancellation fee will be as per sub-paragraph (a)(iv));

where a group booking is cancelled –

45 days or more prior to the Departure Date - $100 per person;

between and including 16 and 44 days prior to the Departure Date – 50% of total amount owing for that booking;

between and including 15 days and the Departure Date – total amount owing for that booking (unless the service provider has charged the total amount owing for that booking in which case the cancellation fee will be as per sub-paragraph (b)(ii)).

You authorise us to deduct our cancellation fee from any money we hold on your behalf. If we hold insufficient funds to pay our cancellation fee you must pay the fee (or any unpaid portion) to us before the booking is cancelled.

Unused services

No refunds will be given for goods or services not utilised. We are not bound or liable to provide refunds promised by or on behalf of any other service providers.

Hotel standards & categories

The hotel gradings and categories referred to in our quotations are regulated by the local tourism entities of each country and may vary from one country to another.

Travel insurance

We recommend that you take out adequate insurance cover for the duration of your itinerary in respect of illness, injury, death, loss of luggage and personal items, cancellation, curtailment of tour en route or advance purchase airfares. We are not responsible for any such losses or expenses.

International travel documents

Travel to certain destinations

While most travel, domestic and international, is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. We urge users of travel, accommodation and tour products and services we identify and recommend to review current travel advisories, warnings and restrictions issued by the Australian Government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit the internet at www.dfat.gov.au. BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Transmission of personal data

You acknowledge and agree that by providing us with any personal information, or reserving or purchasing products or services, you consent to our sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. Personal information about you, provided by you and other sources is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (e.g. under the Social Security Act).

It is your responsibility to ensure that you are in possession of a valid passport and relevant visas.

Matters beyond our control

Conditions beyond our control, including but not limited to currency devaluation, strikes, airline seat availability, delay, loss or damage to luggage, terror, war or the weather, may result in changes to your travel arrangements and the cost of your trip. We are not responsible for such changes. Any additional costs and expenses incurred are your responsibility and must be paid to us or the relevant service provider immediately on request.

Limitation of liability

IMPORTANT NOTICE: We cannot accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those Service Providers providing services in connection with your holiday pursuant to a contract between themselves and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon or the like) and over whom we have no direct and exclusive control. Terms conditions and warranties implied by law which cannot be excluded, restricted or modified apply to this agreement to the extent required by that law.

We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into this agreement.

Subject to paragraph 14.5 and 14.6, to the extent permitted by law our sole liability for breach of contract, breach of statutory duty, negligence, or other tort is limited at our option to:

in relation to goods we supply –

replacement of the goods or the supply of equivalent goods; or

repair of the goods; or

payment of the cost of replacing the goods or of acquiring equivalent goods; or

payment of the cost of having the goods repaired.

in relation to services we supply –

supplying of the services again; or

payment of the cost of having the services supplied again.

You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these conditions.

You release us from any liability to you for –

the non-supply or delayed supply of any goods and services;

the negligence, or other tort, of a service provider;

a breach or alleged breach of statutory duty by a service provider;

a breach or alleged breach of contract by a service provider;

Any loss or damage suffered by you arising from or related to paragraphs (a) to (d) above, including loss or damage caused by the loss of or damage to property, personal injury or death, damage to reputation or goodwill, as well as direct and indirect or consequential costs, losses, expenses, lost profits and lost savings.

Emails being interfered with, containing computer viruses or other defects or not being successfully replicated on other systems.

Your indemnify us from any claim made by a third party against us for –

the non-supply or delayed supply of any goods and services;

the negligence, or other tort, of a service provider;

a breach or alleged breach of statutory duty by a service provider;

a breach or alleged breach of contract by a service provider;

any loss or damage suffered by the third party arising from or related to paragraphs (a) to (d) above, including loss or damage caused by the loss of or damage to property, personal injury or death, damage to reputation or goodwill, as well as direct and indirect or consequential costs, losses, expenses, lost profits and lost savings.

Any breach of clauses 3.4 and 3.5 above.

Miscellaneous

These conditions and other documents referred to in paragraph 2.1 above contain the entire agreement between you and us with respect to the supply of goods and our services to you and may not be modified except by an agreement in writing signed by one of our authorised officers.

The law of Victoria governs our agreement. Each party submits to the non-exclusive jurisdiction of the Victorian courts.

You consent to us sending commercial electronic messages to you concerning our services in plain text. We each recognise that consent may be withdrawn.

Nothing in these conditions will create a partnership, or the relationship of employer and employee, between the parties.

If a provision of these conditions is found to be unlawful, invalid or unenforceable for any reason, these conditions will remain in force apart from that provision, which is deemed to be deleted.

The authentic text of these conditions is the English language version. Any translation of these conditions prepared by or on our behalf of either party for any purpose does not control the interpretation or construction of these conditions.

Global Wise Travel Pty. Ltd. Is a participant in the Travel Compensation Fund (“TCF”) www.tcf.org.au. Global Wise Travel Pty. Ltd. Holds a current file number 8574.

Global Wise Travel Pty. Ltd.
ABN 78107 658 015 Lic 32577

521 QUEENSCLIFF ROAD ST. LEONARDS 3223 VICTORIA Australia

P.O. BOX 346 PORTARLINGTON VIC 3223

Telephone 61 3 5257 3445 Fax 61 3 5257 3367

Email hwragg@globalwisetravel.com

www.globalwisetravel.com