Terms of Trade
BOOKING & ADVISORY SERVICES
TERMS AND CONDITION
- References to “us”, “we” and/or “our” in these Booking & Advisory Services Terms and Conditions means West Coast Cruise and Travel Centre
- We are a travel agent. We arrange travel services and sell a Travel Product on behalf of Third-Party Travel Providers (Providers) including airlines, tour and cruise operators, car hirers and accommodation providers. We charge a service fee for providing this service.
- Once we have booked a Travel Product on your behalf, your contract is then with the Provider of those services.
- Your rights to amend or cancel your Travel Booking and the cost of doing so will be governed by the Provider’s terms and conditions. The Provider’s terms and conditions may be non-refundable or may have amendment and cancellation fees. It is important that you understand this when entering into a contract with us. These fees are in addition to amendment and cancellation fees charged by us, outlined in the Schedule of Professional Service Fees. AGENCY
- We provide you with Booking & Advisory Services that allow you to acquire Travel Products from a Provider. We act as agent for the Provider.
- By acquiring Booking & Advisory Services from us, you agree that you have read and understood our terms and conditions and the terms and conditions of the Providers.
FEES AND COMMISSIONS
- We charge a fee for providing the Booking & Advisory Services to you. The fee is nonrefundable, even if the Travel Product is not used.
- All fees are outlined in the Schedule of Professional Service Fees.
- We may receive a commission, fee, rebate, gift, or financial incentives from Providers, in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from Providers in relation to your booking is non-refundable in the event of cancellation.
LIABILITY OF AGENCY AND LIMITATIONS OF LIABILITY
- We are liable to you for providing Booking & Advisory Services in accordance with these terms and conditions.
- Our travel Booking & Advisory Services come with guarantees under the Australian Consumer Law which cannot be excluded. These guarantees include that the services: a. will be provided with due care and skill; b. will be reasonably fit for the specified purpose; c. can reasonably be expected to achieve the desired result; and d. will be provided within a reasonable time.
- If we do not meet any of the expectations set out in paragraph 10, you have rights under the Australian Consumer Law.
- Subject to the Australian Consumer Law, we are not liable for any technical errors, corruption of any data, unauthorized access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
- Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else for any loss or damage which is suffered directly or indirectly in connection with the: a. the delivery or non-delivery of the Travel Product; or b. any act or omission of Providers or other third parties.
- Apart from the rights you have under the Trade Practices Act that cannot be lawfully excluded, we shall not be liable for any inconvenience, delay, loss, death, injury or damage to you or your belongings or otherwise caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party suppliers, force majeure or any other event which is beyond our control. 1
- Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection law.
LIABILITY OF THE PROVIDER
- Once you have acquired Booking & Advisory Services from us, the Provider will provide you with the Travel Product on the terms and conditions agreed between you and the Provider. You should obtain and read the Provider’s terms and conditions before acquiring Booking & Advisory Services from us.
- The Provider is liable to you for a breach of obligations in providing you with the Travel Product.
- As an agent of the Provider, we have no control over or liability for, the services provided by Providers. We cannot guarantee the performance of the Provider and we have no liability in respect of the supply of any Travel Products including any liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any provider of travel services or products by Providers. All bookings with us are subject to the terms and conditions and limitations of liability imposed by the Provider.
- The Travel Products offered are subject to availability and can be withdrawn without notice by the Provider. Travel Products may also change at any time in accordance with the Providers terms and conditions.
- When making a booking, you must provide details of each traveler correctly. We have no responsibility for any loss or damage arising from the incorrect entry of a traveler’s details. It is your responsibility to ensure that all details of the booking are correct before proceeding.
- Verbal quotes are only and an estimate of the package price and may differ at the time of booking confirmation.
- Travel Products obtained through the Booking & Advisory Services are not guaranteed until payment has been made in full and documents have been processed.
- It is your responsibility to contact the Provider prior to departure to ensure there is no change to the scheduled departure time.
- Most airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’. We cannot be held responsible if your e-ticket does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation.
- Most event tickets may not, without written authorization of the event promoter, be resold, or offered for resale at a premium or used for advertising, promotion, or other commercial purposes. If the ticket is sold in breach of the event promoter’s conditions, the ticket will be void and will not entitle the holder to admission to the event
- Event tickets cannot be refunded or exchanged under any circumstances after purchase.
- When making a booking you must advise your consultant of any medical, dietary or mobility conditions you may have.
- When making a booking you must advise us if you are pregnant.
- All pricing is reflected in Australian Dollars unless otherwise specified.
- All pricing is inclusive of goods and services tax (GST), or other such value added taxes where applicable.
- Payments processed in foreign currency (currency other than the original card holder’s country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
- We sell Travel Products in two different ways: a. as merchant, where we take payment directly from you at the time of booking confirmation; or b. as retail, where your Travel Product will either be paid to the Provider directly at the time of booking or payable to the Provider on the date of travel.
- Travel Products purchased in accordance with the ‘retail’ method, will not be bound by these terms and conditions and you are responsible for pursuing any claims of cancellation, re-scheduling, refunds, or chargebacks directly with the merchant.
- As the merchant we are governed by the terms and conditions of the provider of the merchant facility.
- A credit card or debit card fee may also be charged by certain Providers and low-cost carriers. You will be notified of such charges prior to your purchase
- All charges, including the credit card fees, may be in another currency (e.g. EUR), which we will provide an estimate for in Australian dollars. 38. Prices are valid at time of quoting / booking are subject to change without prior notice until final payment is received.
- If payments are not received by the due date, your booking/s will be cancelled, and your deposit/payments will not be refunded REFUNDS AND CREDITS
- If you cancel your Travel Product, your right to a refund or credit is subject to the terms and conditions of the Provider.
- If the Provider is required to provide you with a refund or credit for the Travel Product, we will liaise with the Provider to arrange that refund. Where you are entitled to a refund, we are unable to provide you with this refund until we receive it from the Provider. Please note that most Providers take 60 – 90 days to process any refund.
- Any refund or credit will be subject to these terms and conditions and will not include the Booking & Service Advisory fee, credit card fees or any commissions received. You may also be charged a cancellation fee by the Provider.
- Where refunds for unused services are allowed, a service fee may be charged by the Provider against the value of the refund.
- If you have a booking for a Travel Product (including flights and accommodation) but you do not show up to check-in or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us.
CANCELLATION AND AMENDMENTS
- If you amend or cancel your Travel Product, we reserve the right to charge the cancellation and amendment fees as per the Schedule of Professional Service Fees. 46. All cancellations must be made in writing and will not be effective until West Coast Cruise and Travel Centre receive this written notification. You will receive a cancellation invoice /letter from us acknowledging your receipt of cancellation.
- The Provider may charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Provider. These will be in addition to the fees charged by us. We are not liable for any cancellation fees or refusals to refund made by the Provider.
- Many Providers treat name changes and route and/or itinerary alterations as a full cancellation and these can incur full cancellation charges.
- 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 due to our fault.
- In the event of cancellation or postponement of an event (by the event promoter) of a certain event due to unforeseen circumstances, West Coast Cruise and Travel Centre will not be responsible for the cancellation of the event, nor can West Coast Cruise and Travel Centre guarantee a full refund. Travel insurance is recommended to cover for such loss.
- West Coast Cruise and Travel Centre or its third party reserves the right at any time to refuse to carry or accommodate any client which it reasonably considers, in the best interests of all participants in the tour to be unsuitable by reason of physical or mental condition or unruly behavior.
West Coast Cruise and Travel Centre reserve the right to cancel tours at any time prior to departure date in which case any deposit of other payments made on account of the tour shall be refunded to the client subject to West Coast Cruise and Travel Centre receiving refunds from third party providers i.e., accommodation, meals, tickets.
CANCELLATIONS AND AMENDMENTS FOR ONLINE LOW-COST CARRIER BOOKINGS ONLY
- If your flight booking is with a Low-Cost Carrier, you can only cancel or change your booking by contacting the Provider directly.
- Cancellations and amendments for hotel bookings only
- Please review the cancellation policy for your hotel booking for any penalties that may apply.
- We will not be liable for any failure or delay in performing our obligations in booking the Travel Product that is due to events beyond our control.
- If a force majeure event occurs that affects your booking, your entitlement to a refund, a credit or re-scheduled travel booking will depend on the Provider’s terms and conditions. 58. If your booking is impacted by a force majeure event and you are entitled to a refund or credit from the Provider, we will facilitate this refund or credit.
- The Booking & Service Advisory fee, credit card fees or any commissions received are no refundable in the circumstance that a force majeure event occur
- If you book a low-cost flight with us, we will make the booking on your behalf and your contract for your low-cost flight will also be subject to the airline’s booking terms and conditions.
- It is your responsibility to ensure that all details of the booking are correct before proceeding. For any changes or cancellations, please contact the airline directly, quoting your reference.
ADDITIONAL AIRLINE CHARGES
- Some Providers may also charge additional fees. Please check with the Provider for their full terms and conditions.
- Some Providers will require an additional charge to be paid locally (e.g., a resort fee) at the time of check in or check out. This amount is in addition to the amount shown during the booking process under the ‘total booking cost’ amount.
- There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to your hotel booking (e.g., local taxes, sales tax etc.). Any local taxes will be payable by you directly to the Provider at the time of check in/check out.
CHANGES IN PRICE AND ITINERARIES
65. We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent.
- If a Provider changes any part of your booking for reasons beyond its control, we will use our reasonable endeavors to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product. Any refund would be subject to the Travel Provider terms and conditions.
- These terms and conditions are subject to variation at any time. Any variation will be displayed here, and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.
YOUR OBLIGATIONS AND WARRANTIES
- You warrant to us that: a. you are at least 18 years old and have the power, capacity, and authority to enter into a binding contract with us and with the Providers of the Travel Products that you acquire; b. you have read and understood these terms and conditions and if booking on behalf of third parties, you have conveyed these terms and conditions to them; c. the information you provide us about yourself is true, accurate, current, and complete (apart from any optional items) as required by any registration process; d. you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover; and 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.
WEST COAST CRUISE AND TRAVEL CENTRE PTY LTD JURISDICTION AND LAW
- All matters arising out of or in connection with the Booking & Advisory Services and these terms and conditions are governed by the laws of Western Australia, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of Western Australia, Australia. DEFINITIONS “We” and “us” means West Coast Cruise and Travel Centre “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 another person). “Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Provider and includes advisory and consulting services. “Force Majeure” means, 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, adverse weather conditions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion and generalized lack of availability of raw materials or energy. “Travel Provider” or “Provider” or “Providers” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
ANNEXURE – TRAVEL TIPS FOR TRAVEL PRODUCTS
These tips set out below are NOT legally binding terms and conditions.
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to ensure that you have the required documents, including visas and passports, before travelling to a destination. For more information, please log on to www.dfat.gov.au and www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders.
For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return. When assisting clients with international booking requests, we will assume that the traveler possesses a valid Australian passport, it is up to the traveler to advise us if this is not the case.
It is your responsibility to ensure that you and your travelling party have a machine-readable passport, and appropriate visas and documents as mentioned above, in relation to the passport they hold for the entire duration of their trip and that requirements of immigration and other government authorities are met. Any fines, penalties or expenses that are derived from not meeting these requirements with be your responsibility (except to the extent caused by error/fault on our behalf). We are happy to offer guidance for this upon request, service fees will apply.
E-tickets require all guests to present photographic identification at check-in. If travelling internationally, passengers must travel with their passport, appropriate visas and valid permits if required.
Check in requirements are different for each carrier and change frequently. Please ensure you have checked these requirements for your travel arrangements. The airline/ship has the right to refuse boarding to passengers who do not check-in withing the required check-in period. We do not hold any liability for failure to board your aircraft/vessel as per the recommended times.
For International travelers booked on flights to the USA, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an electronic authorization known as ESTA (Electronic System for Travel Authorization) no less than 72 hours before travel to the USA. This can be obtained from the following website: https://esta.cbp.dhs.gov/esta/
For international travelers booked on flights to Canada, you either need a visitor visa or an Electronic Travel Authorization (eTA) to fly to, or transit through, a Canadian airport. An eTA can be obtained from the following website: https://www.canada.ca/en/immigration-refugeescitizenship/services/visit-canada/eta/apply.html
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. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended before your travel departure date
We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website at www.dfat.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
Please note that some countries require you to be in possession of a current International Drives License. Please see below the link to the International Drives License application information. https://rac.com.au/travel-touring/international-driving-permit
For passengers travelling with prescribed medicines, it is recommended the client obtains a letter from their doctor stating the dosage and instructions for these medicines. It is your responsibility to ensure you are aware of any health requirements including required vaccinations and necessary documents, pertaining to countries being visited
You must report any disability requiring special attention while on tour or on cruise to West Coast Cruise and Travel Centre at the time the reservation is made. West Coast Cruise and Travel Centre will make reasonable attempts to accommodate the special needs of disabled travelers. are not responsible in the event it is unable to do so nor responsible for any denial of the services by air carriers, hotels, restaurants, or other independent suppliers / services. West Coast Cruise and Travel Centre cannot provide individual assistance to a vacation participant for walking, dining, getting on and off motorcoaches, cruise ships and other vehicles, or other personal needs. West Coast Cruise and Travel Centre strongly recommends a qualified and physically able companion accompany traveler’s who need such assistance.
We reserve the right to substitute itineraries, hotels, airlines, or vessels due to conditions beyond our control. In such cases we will do everything possible to ensure the locations visited, excursions taken, and the hotels offered are similar to the ones originally planned. Any change to itineraries will not result in eligibility for a refund
For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. 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.
Baggage allowance varies from airline to airline and in many cases the airfare you have paid may not include the cost to cover checked baggage. Please check with your Travel Advisor and/or the airline providing your flights for the allowances.
FREQUENT FLYERS & SPECIAL REQUESTS
For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number. For bookings made by telephone via our Customer Service Team, please advise of your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass. Special requests will be passed on to the Provider but cannot be guaranteed.
TRAVEL ADVICE – COVID -19 (Coronavirus)
With the ever-changing landscape of the Coronavirus pandemic still having a large effect on travel. It is important to remain up to date with the latest information. COVID -19 information can be found on the Australian Government of Health website while up-to date travel advice can be found on the Smart Traveler & Health Direct website.
Domestic Travel (Within Australia) –
It is important to keep up to date with the details of your state of departure, transit, and arrival to ensure that you meet all requirements for travel. This information can change daily, so it is extremely important that you keep up to date on changes and amendments to these requirements and restrictions
In addition to the destination requirements, you should familiarize yourself with airline requirements and passenger safety. At this current time, you are required to wear a mask on ALL domestic flights within Australia. Your face mask needs to cover your mouth and nose and must be worn unless you are under 12 years of age or have a medical condition. When travelling within Australia, you need to wear your mask as soon as you enter the airport and inflight. Make sure you are aware of any government requirements that apply at your destination in relation to face masks, COVID-19 testing and safety requirements.
This information is subject to change at any time and without notice. It is recommended that you continue to keep updated with all relative information for your home state, transit state and arrival state and airline policies from time of booking until you return home. West Coast Cruise and Travel will continue to do everything in their power to assist clients with their travel requirements in a safe and sensible manner, however it is up to the traveler to also monitor the ever changing and evolving requirements and restrictions for travel. Any cancellation fees or change fees that happen due to COVID will be at the expense of the traveler. You acknowledge that the decision to travel is based on your own personal consideration of this information. By continuing your registration, you acknowledge that it is your responsibility to keep informed with all relevant information in relation to your travel as well as the applicable health risks. You agree and accept responsibility for the risks associated at this time and to the fullest extent permitted by law TASA accepts no liability in relation to these additional risks.