Thank you for considering iDestiny Travel Pty Ltd, trading as iDestiny Travel (ABN 60618350806), as your booking agent for your travel needs. The terms "us", "our", "ours" and "we" refer to iDestiny Travel Pty Ltd. The term "you" refers to the customer utilising any service offered by iDestiny Travel Pty Ltd. All bookings are made on the condition that you, the customer, understands and agrees to the following Terms and Conditions. The person making the booking is assumed to have authority to act on behalf of all other travellers in the booking. Consequently, these Terms and Conditions apply to all travellers in a given booking.
Who We Are and Our Products and Services
iDestiny Travel Pty Ltd sell a variety of travel products and services offered by many travel service providers (“Suppliers”) in Australia and overseas. We are a booking agent only for such products and services, including but not limited to hotel accommodations, meals, tour packages, air carriage, cruises and ground transportation.
We sell products and services provided by our Suppliers. The Suppliers are independent contractors who are not under the direct control of iDestiny Travel Pty Ltd, and are not employees or agents of ours. We are not a co-vendor or partner of our Suppliers. Under these Terms and Conditions, you expressly authorise us to arrange contracts between you and the Suppliers to achieve your travel requirements. This can include, but is not limited to, airline, cruise and rail operators, meals and accommodation, ground transportation and ground tour operators. In the event a Supplier fails to provide you with the contracted services, your consumer and legal rights will be against that Supplier and not us, except to the extent that we are at fault in our capacity as a booking agent. You must understand our general Terms and Conditions and the Terms and Conditions of each Supplier as relevant to your specific travel arrangements, including but not limited to the Terms and Conditions applicable to your airline travel, accommodation, tour packages, cruises and ground transportation.
Airline tickets are subject to price increases post the date of purchase due to, but not limited to, fuel surcharges, taxes, fluctuations in currency exchange rates, increased fees and other similar factors. As your booking agent, we will charge you for such additional costs.
You have rights under the Australian Consumer Law when dealing with us. In addition to these, our commitment to you as your booking agent is that our booking and general travel advisory service will be provided using our extensive skill, experience and due care. We have invested significant time and effort in researching the products and services offered by the Suppliers to ensure the Suppliers have the highest repute for delivering customer satisfaction and for providing value-for-money products and services. We commit to providing you a very high level of personalised service within a reasonable time to achieve your desired travel outcomes.
Passports, Visas and Legal Entry to Countries
You must inform us of whether you hold an Australian passport or a passport issued by another country. The passport must have a validity of at least 6 months from the date of return. Non-Australian passport holders must have valid visas and re-entry permits to return to Australia. These must meet the requirements of the Department of Immigration and Border Protection and other relevant government bodies. Whilst we can advise you of the requirements pertinent to travel documents, it is your responsibility to ensure your travel documentation is valid and up to date.
Conditions of travel to the United States of America can be found at https://esta.cbp.dhs.gov, including the compulsory pre-registration for the visa waiver program (“ESTA”). Entry to the United States of America is prohibited unless you hold a valid visa or ESTA.
Travel cancellations and additional expenditure incurred as a result of travel documentation failing to meet the requirements of relevant government bodies and authorities will be your responsibility, the exception being the extent to which an error was caused by us.
It is very strongly recommended that all travellers purchase comprehensive travel insurance to cover the travel arrangements. At a minimum, the travel insurance protection must include cover for personal injury and accident, medical and repatriation expenses, disability, death, loss of personal baggage and money, personal liability insurance, the need to return home in case of an emergency, cancellation fees and loss of deposit.
Where relevant, you should obtain exclusion waivers for adventure activities which may be excluded from the insurance policy.
We reserve the right to request evidence of such insurance. Certain travel insurance products may not provide a sufficient level of cover, particularly certain products offered through credit card companies and reciprocal medical cover agreements. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. We can provide information regarding travel insurance products.
If you purchase travel products and services from us and decline travel insurance, you will be required to sign a waiver indemnifying us from financially or otherwise being liable for any damage, loss or additional expenses incurred by you as a result of a travel related incident.
Bookings, Deposits and Payment
We will request deposits from you at various junctures in the travel booking process. Such deposits will be non-refundable, as they are needed to make reservations on your behalf with our Suppliers. Such deposits remain non-refundable (subject to your rights under the Australian Consumer Law) for reasons including, but not limited to, cancellations by you or changes of mind.
The payment of the deposit does not guarantee the price. If all deposits and charges are not paid by the due date, any reservations or bookings will lapse.
We will notify you of when full payment is required. If a payment is not received by the due date, any reservations made will lapse. Once you provide the payment information to us, you are authorising us to pay the relevant Suppliers. Once full payment has been received from you, and all is in accordance with the Terms and Conditions of the Suppliers, and all required travel documents have been issued, the price is then held to the point where the conditions of the contract with the Supplier may permit them to increase the cost of your arrangements. As your booking agent, such cost increases from our Suppliers will be passed on to you.
All prices quoted are inclusive of GST and are in Australian dollars, unless specifically identified as being otherwise. Payment must be in the currency quoted. Payment is accepted by PayPal or by Electronic Funds Transfer (EFT) to our nominated bank account as advised by our travel consultant. Payments via PayPal will incur an additional surcharge.
Changes and Cancellations
Any change or cancellation request to a booked travel product or service must be provided to us in writing. Email communication is acceptable. It is in our discretion to accept or reject a variation request. Only upon written acknowledgment by us will a cancellation request be effective. Any cancellations or amendments to bookings are subject to the Terms and Conditions, and the fees and penalties imposed by the Supplier responsible for the provision of that product or service. As your booking agent, we will endeavour to notify you promptly, once we become aware of such changes, of changes imposed by the Suppliers prior to your departure. As a booking agent, we cannot accept any liability for additional costs incurred by you as a result of changes made by our Suppliers. You then have the choice of accepting the new arrangements as described by the Supplier, or cancelling your booking, subject to the Terms and Conditions of the Supplier.
You are not eligible for a refund if you fail to appear for the tour, or any part of the tour, if you elect to leave the tour or any part of the tour, or if you are excluded by the tour operator in commencing the tour or any part of the tour.
Subject to the Terms and Conditions of the Supplier, cancellations of bookings may incur a fee equivalent to 100% of the total cost of the booking, regardless of whether you had travelled or not. Refunds may apply, but this cannot be guaranteed, and it is subject to the exact Terms and Conditions imposed by the Supplier. We will not pay you the entitled refund until we have received the funds from the Supplier, nor are we responsible for the failure of a Supplier to pay a refund.
We will notify you of changes to a booking made on your behalf, including flight schedules, by email and/or text messaging (SMS). It is your responsibility to check for such communications from us.
You may be entitled to claim the fees, charges or other expenses related to your travel cancellation to the extent your travel insurance policy expressly covers those reasons.
Correspondence and Travel Documentation
Travel documents include, but are not limited to, airline tickets, tour tickets or vouchers and accommodation bookings or vouchers. Such documents cannot be transferred to a third party. Travel documents can be subject to conditions imposed by the Supplier, including but not limited to being non-refundable, subject to cancellation and amendment fees and the inability to amend dates. Travel documents must be issued in the name of the traveller only.
It is your responsibility to thoroughly verify details on the travel documents, such as your name as it appears on your passport, date of birth, other personal details, itinerary details, date and time of travel and all other details pertinent to your travel.
If any errors are found, it is your responsibility to contact us and inform us of the errors. If you fail to do so, we will not be held liable, financially or otherwise, for cancellation of travel or any additional costs incurred as a direct or indirect consequence of these errors. All such additional costs will be payable by you.
General correspondence and travel documentation will be sent electronically. An administration fee may be charged if you request such correspondence and documentation be sent as a hard copy. Final payment must be received from you prior to us sending you the final travel documents.
Government Travel Advice
The Department of Foreign Affairs and Trade (DFAT) updates general advice, including safety alerts and prohibited destinations of travel, on their website at www.smartraveller.gov.au. DFAT provides a facility for you to register your travel plans with them so that the government can extend its services to you more readily in an emergency situation. The registration of your travel plans with DFAT is recommended as an additional measure of safety.
Medications and Vaccinations
It is your responsibility to consult your doctor or solicit medical advice well in advance of your travel regarding any personal medications or vaccinations which may be required based on your destinations of travel. It is your responsibility to ascertain your suitability and fitness to undertake the travel. You must inform us of any medical conditions which may inhibit your ability to participate in the travel. You agree that we or one of our Suppliers may, in our or their sole discretion respectively, deem that you are unsuitable for safe participation in an activity or tour with respect to any medical conditions you may have.
You acknowledge that medical facilities may not be readily available during the tour.
Entry may be denied to certain countries if proof of vaccinations cannot be shown. The Department of Foreign Affairs and Trade (DFAT) website smarttraveller.gov.au contains general health advice relevant to various destinations. We recommend you visit this website and understand the DFAT recommendations regarding health issues specific to your destinations of travel.
You must notify us in writing of special needs and support you and all others included in the travel arrangements may require. These may include, but is not limited to, dietary requirements, facilities, medical support or physical and mental disabilities support. We will endeavour to satisfy such requirements where appropriate. We will inform you of additional costs associated with providing such support prior to finalising travel arrangements. You will not hold us liable for additional costs, either direct or consequential, or hardship faced, if you fail to notify us of special needs prior to finalising travel arrangements.
Complaints and Issues
Should you have any issues during your travel, you must immediately inform the Supplier concerned, such as the tour guide or tour operator, the airline or hotel. If they are unable to resolve your matter to your satisfaction, please contact your agent at iDestiny Travel immediately. Failure to notify us of any issues in a timely manner will reduce our ability to assist in rectifying the issue with the Supplier. We will not accept responsibility for a complaint received 10 days after the occurrence of the incident resulting in the complaint. All feedback is welcome from you as it will ensure we are continually improving our services to you.
Privacy and Your Personal Information
As your booking agent, we require you to provide us with certain personal information about yourself. We will disclose such information to the Suppliers to complete travel arrangements on your behalf. The Suppliers may disclose this information to their agents, contractors or other suppliers. The Suppliers may be located in Australia or overseas.
You have the right to request access to the personal information we hold about you.
It is your responsibility to inform all other persons included in the travel arrangements regarding the proposed disclosure of their information to us and to the Suppliers and their right to access such information prior to providing their information to us.
We will disclose your personal information to third parties only as permitted by the National Privacy Principles under the Privacy Act and any amendments to them.
You acknowledge that Suppliers providing travel products and services to you, including, but not limited to, airline companies, insurance providers, tour operators, hotels and ground transport providers, may be located overseas and may not comply with the Australian Privacy Act. You will not hold us liable for any damage, loss or expenses incurred, either financial or otherwise, as a result of us providing your personal information to these Suppliers.
From time to time, we may inform you of other products and services we offer. If you do not wish to receive such information, you can inform us accordingly at any time.
Client Obligations and Result of Non-Compliance
You must comply with all reasonable instructions we or the Suppliers provide to you. Failure to do so can result in us, in our absolute discretion, or the Suppliers, in their absolute discretion, excluding your participation in the tour. Examples of behaviour leading to such expulsion include, but is not limited to, jeopardising the safety of yourself or other clients, engaging in disorderly or illegal conduct, interfering with the ability of other clients to enjoy the tour and refusing to follow reasonable instructions given by us or the Supplier.
You will not be eligible for a refund of any monies paid to us under such circumstances.
Limitation of Liability and Disclaimers
Information published on our website or literature, and the information provided by our Suppliers, may contain errors, including those related to pricing. We disclaim all liability for such errors. We reserve the right to correct such errors on the documentation sent to you, or on our website or literature without prior notification to you.
Any travel arrangements, including bookings and reservations, made on your behalf in error will be corrected to reflect the correct pricing. You will have the choice of accepting the updated travel arrangements at the corrected price or cancelling the travel arrangements without penalty to you.
You acknowledge that there is inherent risk associated with tours and travel. By purchasing travel products or services from us, you accept all such risks associated with tours and travel.
We do not warrant that any form of electronic communication sent to you, such as emails and attachments or web links contained in such emails, or our website and all supporting systems and communications infrastructure such as web servers and communications channels, are free of all harmful components and mechanisms such as computer viruses, worms and Trojan horses.
All of the Suppliers providing travel products and services that we present to you either on our website or in communications with you through our agents are independent contractors who have no direct or indirect relationship or affiliation to us. We do not warrant, and we are not in any way liable, for the actions of such Suppliers resulting in, but not limited to, errors, negligence, damage to property, damage to personal belongings, loss of baggage, delays to baggage, injury or death.
If causes beyond our control, referred to as a ‘Force Majeure Event’, such as, but not limited to, adverse weather conditions, acts of God, civil unrest, terrorist attacks, flood, fire, war, piracy, quarantine, sickness, actions of governments and authorities cause cancellations, delays, additional expenses, damage to property, damage to personal belongings, injury or death, we will not be held liable. All reasonable endeavours will be made to refund any monies you have paid to us. This decision will be at our sole discretion. We reserve the right to withhold from the refund the actual or potential cost to us of the Force Majeure Event.
Following a Force Majeure Event, we will investigate the situation and at our sole discretion, decide whether it is safe to proceed with the tour. If we deem the tour is safe to proceed and you elect to cancel the tour, you will not be eligible for a refund.
If we are found liable for any damages or expenses despite these limitations, under no circumstances will our liability exceed the monies paid to us by you.
Acceptance of these Terms and Conditions
You provide express agreement to be bound by these Terms and Conditions and the Terms and Conditions of all Suppliers applicable to your travel bookings. You warrant that you are of legal age to enter into a binding legal obligation under these Terms and Conditions, and that you are authorised to accept these Terms and Conditions on behalf of all those whom you represent within these travel arrangements. It is your responsibility to inform those of whom you represent regarding the obligations under these Terms and Conditions.
You agree that you are financially responsible for the use of our travel products or services. If you or those you represent fail to comply with any such terms and conditions, it may result in the cancellation of your travel booking, forfeiture of monies paid and denial to access a product or service.
As these Terms and Conditions are subject to the laws applicable in the State of Queensland, Australia, each party submits to the jurisdiction of the courts of the State of Queensland. Due to the unenforceability, invalidity or illegality of any part of these Terms and Conditions under the laws governing the State of Queensland, the enforceability of the remaining provisions of these Terms and Conditions will not be adversely affected or impaired.
Your rights or obligations under these Terms and Conditions cannot be assigned to a third party. We reserve the right to modify these Terms and Conditions at any time without prior notice to you. The most current version of these Terms and Conditions will be made available at our website www.idestinytravel.com.au.