Terms and Conditions
The Legal Stuff
Every company has terms and conditions and these are ours. We understand they can sometimes be a bit confusing and written in legal jargon so we have summarised the key points for you in plain language. You should read our terms and conditions carefully and understand them. We are happy to answer any questions you may have on these. You can also download a PDF version of our terms and conditions here. Our schedule of fees is published here.
Once you have booked with us and have read and understood our terms and conditions please click below and accept them before making payment.
General
Please read the following terms and conditions carefully. You must not make any booking unless you are 18 years of age or older and understand and agree with the following terms and conditions.
These terms and conditions apply to bookings you make with a Consultant (face to face, over the phone or by email) as well as online bookings made via our website. These terms and conditions govern our relationship with you. Once we accept a booking from you on behalf of a Supplier, you will also have a separate contract with the Supplier, which will be governed by other terms and conditions. It is your responsibility to make yourself aware of those other terms and conditions.
- You should read and understand our terms and conditions before payment.
- Suppliers have different terms and conditions that you should also read.
- If you have any questions please ask us.
Executive Summary
Although you should read all of the terms and conditions, the following is a summary of the most important:
- Prices, including, in some cases, of confirmed bookings, may be subject to change.
- Some confirmed bookings are non-refundable if cancelled by you and it is your responsibility to check if this applies.
- We will be entitled to retain our service fees even if a booking is cancelled or does not proceed for any reasons which is not our fault.
- It is your responsibility to make yourself aware of all information relevant to your travel plans, including but not limited to visa requirements and health precautions.
- We are not your agent, and may receive additional fees or other incentives from Suppliers.
- We are not liable for the accuracy of any published Supplier content including websites and brochures.
All terms and conditions are important but some you need to really understand:
- Prices can change at any time;
- Some bookings are not refundable;
- We may charge fees to book some services and can keep these if you cancel;
- You need to ensure you are aware of all conditions when travelling including required visas;
- We may receive fees or commission from the suppliers we book on your behalf;
- We aren’t liable if a supplier publishes wrong information.
Prices and Taxes
All prices that we quote are in Australia Dollars and based on twin share accommodation unless otherwise stated. Please note the prices quoted are subject to change at the discretion of the Supplier prior to booking. Price changes may occur after booking because of matters outside our control which increase the cost of the Product. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your Consultant for up-to-date prices. Even if paid in full, a price may change because of matters outside our control.
Prices include all applicable taxes requiring payment prior to departure, and may be subject to adjustment in the event of an increase in those taxes. On other occasions, you may be liable for taxes in addition to the quoted price of the Product. For example, there may be a local tax charged at some airports or resorts.
- Prices can change at any time.
Products
All products that we quote on are subject to availability and may be withdrawn or varied by the Supplier without notice.
- Availability of things we quote for you can change at any time.
Fees and Surcharges
A variety of fees and surcharges may be payable to us, including booking or reservation fees, cancellation and amendment fees, credit card merchant fees, insurance claim processing fees or fees for ad-hoc services performed as required. You may see our current schedule of professional services fees here.
Payment by credit card will incur a surcharge to offset our cost of acceptance of payment by credit card. The surcharge varies depending on credit card type. It is your responsibility to advise the correct credit card type to ensure that the appropriate surcharge is applied. We accept no responsibility for an inappropriate surcharge being applied if the correct card type has not been advised, and the surcharge applied shall not be refundable.
You authorise us to charge all monies payable by you in relation to any booking we make on your behalf or other service we have procured or provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
- We may charge fees if you change or cancel bookings or when we book things for you that we may not earn money for.
- Paying by credit card will incur fees that will be quoted at the time of payment.
Change and Cancellation Fees
Be aware that some confirmed bookings are not refundable if cancelled, and also may not be transferable to another date or otherwise changed. Alternatively, a change may only be permissible subject to payment of an additional fee or charge. It is your responsibility to check if a booking is non-refundable or will incur charges for changing it before placing the booking.
Changes and cancellations of confirmed bookings may incur fees from Suppliers in addition to our service fees. Suppliers’ fees are outlined in their relevant terms and conditions.
- If you change or cancel some bookings you may be charged additional fees.
- You may not receive any money back for some bookings that you cancel.
Refunds
Your entitlement to a refund for cancelled bookings is subject to the relevant Supplier’s terms and conditions.
If you are entitled to a refund then, subject to the Supplier’s terms and conditions, we will arrange for it to be supplied to us on your behalf, unless we expressly agree with you otherwise.
If we are managing or arranging a refund for a cancelled booking on your behalf it will not be paid to you until the Supplier provides the refund to us, and we will not be liable for any delay on the part of the Supplier. Be aware that typically airlines will take between 60-90 days to process a refund.
Please note that if we are entitled to a service fee for placing a booking, we will remain entitled to this fee if you cancel the booking or the Supplier fails to provide you with the Product for any reason (other than our default), including in an event of Force Majeure. We will be entitled to deduct our service fee from any refund we receive on your behalf before remitting the balance to you.
- What we refund you depends on the terms and conditions of the Suppliers.
- If you are entitled to a refund we can’t give you money back until the Supplier has paid us.
- We may retain some fees for bookings that are refundable.
Deposits and Payments
You will be required to pay a deposit (or deposits) when booking. The deposit amount varies depending on the Product booked and lead time to travel. In some instances, full payment is required at the time of booking and your Consultant will advise the deposit amount at the time of booking. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law). Where a deposit has been collected, final payment is required no later than two months prior to departure. Failure to make payment by the due date may result in your booking being cancelled and deposits forfeited.
Payments made by direct deposit may take up to three business days to process. If you are paying by this method, you will need to make the payment at least three business days prior to the actual due date. You must notify your Consultant of your payment once it has been made.
- You need to pay a deposit to confirm your booking.
- The amount changes and we will confirm this to you.
- Full payment is due 2 months before you leave.
Information
Our responsibility is solely to arrange a booking of a Product in accordance with your instructions. It is your responsibility to make yourself aware of all information that it is necessary or desirable to know in order to make optimum use of the Product and to undertake travel generally. We strongly recommend that you understand and comply with all travel information including entry requirements, safe travel advice, passport and visa requirements and others. You should refer to the latest advice on http://smartraveller.gov.au and understand that it is your responsibility to have arranged all entry requirements before you leave.
- You need to ensure you are aware of all requirements for you to travel including passport and visa requirements.
- Refer to http://smartraveller.gov.au before you leave
- We can help you, but it is your responsibility to have organised everything you need.
Special Requirements
You must inform your Consultant regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access prior to making a booking. If you do not specifically inform us we will assume that you do not have any such requirements, and the booking will be made on that basis.
- If you have special requirements (for example meal or accessibility requirements) please let us know when you book with us.
Frequent Flyer & Loyalty Programs
When booking with one of our Consultants, it is your responsibility to let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusions in your booking. Notwithstanding that your details may be included in the booking, we cannot guarantee that the Supplier will credit you with points for your booking.
- If you have a frequent flyer or loyalty membership please let us know when you book with us.
Self Managed Bookings
We strongly encourage you to book all elements of your trip through us so we can ensure your itinerary meets required connection timeframes and relevant supplier booking conditions. If you choose to book parts of your trip yourself we are not responsible or liable for any loss or additional costs you may incur as a result of missed connections or supplier changes. We may charge a fee to rebook parts of your trip in the event your itinerary needs to be changed or updated to meet connection timeframes or other supplier conditions. This is in addition to any fees suppliers may charge. In many instances we may be unable to change elements of the itinerary you have booked yourself and you may be required to action these changes yourself at your own expense.
- We recommend you book all parts of your trip through us
- If you book parts of this yourself things may change (such as airline schedule changes) that mean you might miss connection timeframes
- You may be charged more if we need to fix changes or rebook things when this happens
- Sometimes we are not able to change things you booked yourself (flights as an example) and you will need to do this
Travel Insurance
We strongly recommend travel insurance to help protect you against unforeseen incidents or costs. We can book travel insurance on your behalf and it is important that you read the Product Disclosure Statement when considering any insurance product.
- We really recommend you book travel insurance.
- We can help you do this.
Travel Documents
If you have booked with a Consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule, your travel documents will be made available and where possible emailed to you, approximately one month prior to travel, however this will depend on your individual arrangements. You should print out all travel documents emailed to you. Please contact your Consultant to confirm when your travel documents will be ready. If you have booked online, you should print out and retain your travel documents as provided to you by the website. You must review your travel documents carefully and advise us immediately of any errors in names, dates or timings.
- We will arrange for travel documents (for example, tickets and vouchers) to be sent to you.
- Please read over everything to make sure it is correct and tell us if something is not right.
Agency
We act as an agent for and sell various travel related products as an agent on behalf of numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as travel wholesalers (“Suppliers”). We may receive fees, commissions, gifts or financial incentives from Suppliers in respect of Products we advise you of or arrange on your behalf. Any brochures provided by us to you are supplied by Suppliers, or are prepared by us based on content supplied by Suppliers, and we accept no liability for errors in that material. Your oral or written instructions to us are authority for us to make travel bookings on your behalf and to arrange relevant contracts between you and the applicable Supplier. Notwithstanding this authority, we are not your agent and do not have any fiduciary duty to you. We exercise care in the selection of reputable Suppliers, but we are not ourselves a provider of travel services and have no control over, or liability for, the Products provided by the Suppliers, who are third parties.
All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the Supplier. We recommend that you read them before finalising the transaction and we can provide you with copies of the relevant terms and conditions on request. Your legal rights and remedies in connection with the provision of Products are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us.
- We sell and promote products and services from our Suppliers.
- We book these on your behalf.
- Suppliers have their own terms and conditions that you should read.
- If a Supplier doesn’t provide what they promised, any action you may choose to take is against them, not us.
Liability
To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no directly control, an event of Force Majeure affecting you, us or a Supplier for any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). In particular, we disclaim any liability for any consequential loss, including loss of enjoyment or amenity. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
Without limitation of the disclaimer of liability in the previous paragraph, any obligation we have to you will be suspended during the time and to the extent that we are prevented from, or delayed in, complying with that obligation by an event of Force Majeure.
Your rights with respect to a confirmed booking affected by an event of Force Majeure will be subject to the terms and conditions of the relevant Supplier.
- We cannot be held liable for something that happens causing you to suffer any loss or injury that it outside of our control.
- If an ‘act of God’ occurs affecting your booking, our Suppliers terms and conditions may still apply.
- These things may include severe weather events, strikes, war, pandemics and others.
Privacy
We may collect and use your personal information in accordance with our privacy statement available on our website.
- We collect and safely store and secure your personal information so we can provide services to you.
- We may share your information with Suppliers and others to help provide services to you.
- You can read our privacy statement on our website.
Governing Law
If any dispute arises between you and us, the laws applicable in Queensland will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, and waive any right that you may have to object to an action being brought in those courts.
- Your booking and any dispute you may raise is governed by the laws of Queensland.
Summary of Obligations
Before making a booking, it is important that you meet the following requirements:
- You are over the age of eighteen (18) and have sufficient funds to pay for the travel services.
- You have read our terms and conditions and if booking for third parties warrant that you have their authority to do so and have conveyed these terms and conditions to them. You agree to indemnify us and the Supplier against any claims from third parties who have not in fact been properly informed.
- You have read the terms and conditions of any applicable Suppliers and agree to be bound by those.
- You are responsible for checking the accuracy of all documents provided to you.
- You are responsible for confirming departure times of any booked services at least 24 hours prior to travel.
- You warrant and acknowledge that you have accessed the Smartraveller website http://smartraveller.gov.au for any specific information in relation to your intended destination.
- You accept that passport, visas and other required identification documents are your responsibility.
Before booking with us:
- You need to be over 18;
- You should read our terms and conditions and explain these to others if you are booking on their behalf;
- You should read our Suppliers terms and conditions. These are usually available on their website and we can provide a copy to you;
- You should read and check that all documents we provide you have the right information;
- You need to tell us in advance of any departure times for things you book yourself;
- You should read and understand the latest government travel advice;
- You understand that passports, visas and any other identification you may need is your responsibility.
Definitions
“we” and “us” means Viva Travel Holdings Pty Ltd (ABN 15 636 285 651), any associated entities, and where the context permits, its Consultants.
“Consultant” means an employee of Viva Travel Holdings or its member agents, with authority to book Products.
“you” means a person who makes a booking for a Product with us.
“your Consultant” means the particular Consultant or Consultants with whom you negotiate the booking of a product.
“Supplier” means a third party company or person who provides Products, including a wholesaler of such Products.
“Product” means travel and holiday related products and services including accommodation, leisure activities and various forms of transport, including packaged combinations thereof.
“Travel documents” means any document (whether in electronic form or otherwise) used to confirm an arrangement with a Supplier, including (without limitation) airline tickets, hotel vouchers and tour vouchers.
“Force Majeure” means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commodation, coup d’etat, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado or other major weather event, earthquake, landslide, volcanic eruption or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination, national strike or other major lack of availability of labour, raw materials or energy beyond the control of the affected party. For the avoidance of doubt, the inability of a party to make a profit or avoid a financial loss, changes in market prices or conditions, or a party’s inability to perform its obligations due to insufficiency of finance does not in itself constitute Force Majeure.
