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.
“Travel Provider” means the company or person who provides you with the Travel Product. This also includes wholesalers that we may 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.
“Booking Services” means services provided by us to you in assisting you to acquire Travel Products from a Travel Providers.
2 Booking Terms
a) Travel Products are not guaranteed until we have confirmed your booking in writing.
b) 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 issued.
c) Unless stated in your itinerary or booking confirmation, no additional products, services, or experiences are included in the package price.
3a International & Custom itinerary Deposits, Balance Payments & Service Fees
a) To secure your booking, a 20% deposit is required, unless we advise otherwise
b) The final balance is due no later than 30 days before your scheduled departure date and time.
c) Some bookings, such as private tours, special travel products, or trips on peak dates (for example, New Year’s Eve), may require a deposit higher than 20%. We will always let you know the exact deposit amount at the time of booking.
d) We reserve the right to charge a $99 service fee per person for processing amendments or cancellations.
3b Domestic Package Deposits & Payments (Australia Only)
a) A $99 deposit per person is required to secure the booking.
b) The final balance is due 45 days prior to departure.
c) Bookings are subject to availability at the time of confirmation.
d) If we are unable to confirm any component of the trip, we will offer a suitable alternative. If the alternative is not accepted, the deposit will be refunded in full.
4 Currency & Payment Methods
a) All payments are in Australian dollars (AUD) and all pricing is inclusive of goods and services tax (GST)
b) Amounts quoted in currencies other than AUD are estimates only and subject to exchange rate changes and discrepancies.
c) We accept debit card, credit card and bank transfer payments.
d) Card processing fees are included in the total price and are non-refundable.
5 Cancellations
a) All cancellations must be advised in writing via email. Cancellations for any reason, including change of mind, personal circumstances, health issues, or unforeseen events will be subject to applicable service fees and Travel Provider costs.
b) Last minute cancellations are effective only once received and processed by us.
c) Failure to pay the balance in full by the due date may lead to the cancellation of your booking.
6 Refunds
a) An amount of $99 per person from the deposit is non-refundable, unless we are unable to confirm the booking and an alternative option is not accepted.
b) Unless otherwise stated, cancellations made more than 14 days before departure will receive a refund of payments made, less the $99 per person non-refundable deposit and any Travel Provider charges, calculated based on actual costs incurred by us.
c) If less than 14 days cancellation notice is provided, your refund will depend on the relevant Travel Providers Terms and Conditions.
d) Some Travel Products may have different cancellation terms, which will be advised at the time of booking and stated in your booking confirmation.
e) 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.
f) Travel Products that fall on certain dates (for example New Years Eve) may be non refundable. All non refundable Travel Products will be clearly stated at the time of booking.
g) All flights are non-refundable once booked unless otherwise stated. Any applicable refunds, credits, or cancellation amounts are based on the full airfare value booked rather than any indicative or itemised airfare allowance.
7 Flights
a) All traveller details (full names, dates of birth, passport info, ID info, frequent flyer numbers, and any other required details) must be provided accurately. We are not responsible for costs arising from incorrect information supplied by you.
b) Flights will not be booked until approved by you. Flight options, pricing, and availability are subject to change until tickets are issued. Approval constitutes acceptance of the airfare, fare conditions, and any applicable airline rules.
c) Flights included within package pricing are based on an airfare allowance. Actual flight costs may vary depending on departure city, travel dates, airline availability, and fare conditions. Where we absorb any airfare increases, the full value of the flights booked remains non-refundable in the event of cancellation.
d) All flights are non-refundable once booked unless otherwise stated. Any applicable refunds, credits, or cancellation amounts are based on the full airfare value booked rather than any indicative or itemised airfare allowance.
e) Optional refundable or flexible fare upgrades may be available at an additional cost and must be requested at the time of confirmation.
f) We act as an agent for the airline. We are not responsible for flight delays, cancellations, schedule changes, or disruptions imposed by the airline.
g) You are responsible for complying with all airline requirements, including check-in times, baggage allowances, documentation requirements, and fare conditions.
8 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 Providers in relation to the Travel Products.
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.
9 Travel Provider Security Deposits
a} Travel Provider security deposits are set by each provider and subject to their own terms and conditions. We are not responsible for the amount, method, or refund of any such deposits.
b) Security deposits must be paid with a physical card in the guests name. Deposits cannot be paid via phone, watch or other contactless methods.
10 Car Hire Terms & Conditions
a) You will have to sign a rental agreement when collecting your hire car. This agreement is directly between you and the car hire company.
b) 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.
c) All itinerary travel times are estimates only, subject to change and may contain errors. You are responsible for verifying all distances and travel times before you travel.
11 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.
12 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 including airline disruptions or cancellations (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.
13 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;
14 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.
15 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.
16 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
17 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.
18 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.