Terms and Conditions
Please read the following “Booking Services – Terms and Conditions” (Booking T&Cs) carefully, as they contain important information about your legal rights, remedies, and obligations.
By making a booking for Travel Products with us, you agree to comply with and be bound by these Booking T&CS.
Do not make any booking unless you understand and agree with the following Booking T&Cs.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law
1 Definitions
“We and Us“
Down Under Vacations
3/6-8 Liuzzi Street
Pialba QLD 4655
Australia
ABN 54 620 522 303
“Travel Agency” We are a travel agency. We sell Travel Products on behalf of Travel Providers.
“Booking 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 accommodation providers, tour and cruise operators, car hirers and airlines. 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 accommodation, tours and transport.
2 Booking Terms
a) Travel Products are not guaranteed until you have paid a deposit, completed the Traveller Details Form and received communication from us that your booking is confirmed
b) For all bookings, full documentation will be issued within 7 days from receipt of deposit payment.
c) If we are unable to provide the quoted travel products a suitable alternative will be offered, if you do not approve the alternative then a full refund will be offered.
3 Deposits & Balance Payments
a) A 20% deposit is payable upon booking unless otherwise stated.
b) The outstanding balance payment is required no later than 30 days prior to your scheduled departure time & date unless otherwise stated.
c) Bookings that include certain Travel Products and/or fall on certain dates (for example Christmas, NYE, Valentines) may require a deposit greater than 20%. The deposit amount will be clearly stated at the time of booking.
4 Currency, Payment Methods & Holding of Funds
a) Unless otherwise stated all payments are in Australian dollars and all pricing is inclusive of goods and services tax (GST)
b) We accept Bank Transfer, Credit Card, and Debit Card payments. All card transaction fees are included in the total price charged.
c) Any funds received by us will be held in a trust bank account until such time as remitted to the Travel Provider.
5 Cancellations
a) All cancellations must be advised in writing via email.
b) Last minute cancellations are effective only once received and processed by us, which may take up to 48 hours.
c) Failure to pay the balance in full by the due date may lead to the cancellation of your booking.
6 Refunds
a) Unless otherwise stated if more than 7 days cancellation notice is provided a full refund will be issued.
b) Unless otherwise stated if less than 7 days cancellation notice is provided your entitlement to any refund will depend on the relevant Travel Providers Terms and Conditions.
c) If you have a booking but do not show up to check-in or otherwise do not avail yourself to a Travel Product, you will not be entitled to a refund.
d) The refund will be the total amount paid less any Travel Provider fees and bank processing fees. Once we have received the refund from the Travel Provider we will process the payment to you within 7 days.
e) Certain Travel Products and/or bookings that fall on certain dates (for example Christmas, NYE, Valentines) may be non-refundable, subject to the relevant Travel Provider’s Terms and Conditions. Any non refundable Travel Products will be clearly stated at the time of booking.
7 Liability of Agency
a) Once you have made a booking with us, you will have a contract with us in relation to the Booking Services and a contract with the relevant Travel Provider(s) in relation to the Travel Product(s).
b) Subject to your rights under the Australian Consumer Law, we are not otherwise liable to you or anyone else for any loss or damage which is suffered directly or indirectly in connection with any failure on the part of the Travel Provider or any third party in relation to the supply of Travel Products to you.
8 Travel Provider Deposits
a) Security deposits must be paid with a physical card in the guests name. Deposits cannot be paid via phone, watch or other contactless methods
b) Accommodations may require a security deposit or credit card pre-authorisation. These deposits are determined by the provider and are subject to their terms and conditions. We are not responsible for the amount, method, or refund of such deposits.
c) Car hire providers require a security deposit or credit card pre-authorisation. These deposits are determined by the provider and are subject to their terms and conditions. We are not responsible for the amount, method, or refund of such deposits.
9 Car Hire Terms & Conditions
You will have to sign a rental agreement when collecting your hire car. This agreement is directly between you and the car hire company. Terms and Conditions include but are not limited to:
a) Drivers must present a current physical driving licence and have held that licence for a minimum of 12 months. The licence must be an original and written in English. Photos, copies, or digital versions will not be accepted.
b) Certain car models require the driver to be aged 25 years or older.
c) Vehicles must only be used on roads that are properly formed and constructed as sealed, metalled or gravel roads.
d) Vehicles cannot be driven on beaches or through streams, dams, rivers or floodwaters.
10 Liability of Travel Provider
a) Your legal rights in connection with the provision of the Travel Product are against the Travel Provider.
b) You pay the Travel Provider (via us as the Agent) for providing the Travel Product to you. Once you have acquired Booking Services from us, the Travel Provider will provide you with the Travel Product.
c) All information relating to 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 class or description of services provided.
11 Force Majeure
a) 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 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).
b) 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.
c) 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.
12 Obligations and Warranties
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 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;
c) the information you provide us about you and third parties is true, accurate, current and complete and you will maintain and promptly update this information to keep it true, accurate and complete;
d) you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover;
13 Passports, Visas and Travel insurance
a) It is your responsibility to ensure that travellers have the required documents, including passports and visas, before travelling to a destination.
b) We strongly recommend that you purchase a comprehensive travel insurance policy for your travel arrangements. It remains your responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for your particular needs. Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
14 Special Requests
a) If you have any special requests (including but not limited to dietary requirements, medical needs, mobility assistance or other preferences), you must advise us on the Traveller Details Form which will be made available after the deposit has been paid.
b) We will communicate your request to the relevant Travel Provider(s); however, we make no guarantee that such requests will be met.
c) The fulfilment of any special request is the sole responsibility of the Travel Provider and is subject to availability, operational considerations, and applicable fees (if any).
d) Failure to meet a special request will not constitute a breach of contract by us or give rise to any claim for compensation against us.
15 Website and Links
a) We may at any time modify these Booking T&C’s and the changes will come into effect once they are uploaded onto our Website
b) 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
c) This website may contain hyperlinks to 3rd party websites. Such hyperlinks are provided for your reference only. Down Under Vacations does not control such websites and is not responsible for their contents or your use of them
16 Privacy
a) We respect your privacy and our privacy policy sets out how we collect, use, store, disclose and otherwise treat your personal information as required by the Australian Privacy Principles (“APPs”) set out in the Privacy Act 1988.
b) Your personal information is collected by us for the primary purpose of providing travel services to you and you acknowledge and agree that we may disclose some or all of your personal information as required for this purpose.
17 Jurisdiction and Governing Law
All matters arising out of or in connection with these Booking T&Cs are governed by the laws of Queensland, Australia. By accessing this Website, and by acquiring the Booking Services, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of Queensland, Australia.