This website (the "Site") is owned and operated by The Royal Automobile Club of Queensland Limited ACN 009 660 575 operating under the business name RACQ Travel Service ("we" or "us"), and is provided for the use of Australian residents only.
The term "you" as used in these terms and conditions ("Terms") refers to all individuals and/or entitles accessing this Site for any reason. Your use of this Site is conditional upon your acceptance and compliance with the Terms and any other notices accepted by you on this Site. By entering this Site, you agree to be bound by these Terms.
1 Accuracy of information and limitation of liability
1.1 All information contained in this Site is intended to be of a general nature only, and should not be relied upon by any person without obtaining full details of the product or service sought, by calling us on 1300 096 166 or by emailing travel@racq.com.au.
1.2 Most of the information displayed on this Site is obtained by us from external sources. While we have taken reasonable care to ensure that the information displayed is accurate and reliable, we make no representations or warranties whatsoever as to this accuracy or reliability, and all information is subject to change at any time.
1.3 To the fullest extent permitted by law, we disclaim all liability and responsibility for any direct or indirect loss or damage which you may suffer using this Site, or relying on anything contained in or omitted from this Site.
1.4 You should ensure that you read all of these Terms and any specific terms and conditions relating to products or services that you are booking before finalising your booking.
1.5 Any links to websites maintained by any other persons are provided for your reference and convenience only. We do not control the content of other websites, and do not accept responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation on such sites.
2 Access and restriction on use
2.1 This Site is provided for your personal, non-commercial use. You must not transmit or attempt to transmit any data, code or other material of any kind to this Site that contains a virus or other harmful component.
2.2 We do not warrant that access to the Site will be uninterrupted, or that the products or services offered on the Site will be error-free.
3 Legal responsibility
By using this Site you represent to us that you are of minimum legal age to contract and to use this Site, and have the power and authority to enter into a binding contract with us and any relevant third parties such as tour operators, cruise lines, car rental companies, airlines and other travel or related service providers ("Service Providers"). By using this Site you acknowledge that you are financially responsible for all use of this Site by you.
4 Illustrations
Photographs, illustrations and other promotional material are for promotion purposes only. They do not represent any benefit that will necessarily be included in any product or service provided to you.
5 Warranties
To the maximum extent permitted by law we grant no warranties of any kind, express or implied, regarding the operation of this Site, or the information displayed on this Site. All products and services offered on an "as-it-is" basis, and strictly in accordance with the particular terms and conditions relevant for those products or services. Any liability incumbent upon us arising under any implied warranty is limited to the cost of the relevant good or service.
6 Indemnity
You agree to indemnify us, our officers, employees, agents and Service Providers from and against all liability, losses, costs, damages, claims, charges, demands or expenses of any nature and howsoever arising whether directly or indirectly suffered or incurred due to any act or omission on your part, including breach of these Terms by you or your officers, employees or agents ("Related Parties"), or any claim, action, demand or proceeding by a third party against us or our Related Parties caused or contributed to by you or your Related Parties.
7 Copyright
No part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast, distributed or otherwise used in any way for any purpose whatsoever without our prior written consent.
8 Changes to terms and conditions
We reserve the right to change these Terms, or any part of these Terms, at any time without prior notice.
9 Booking acknowledgment
Enquiries made through this Site will be acknowledged as quickly as possible but no representations or warranties are made in this regard.
10 Refunds
Where a refund is applicable, we will make reasonable endeavors to effect this as quickly as possible, however we make no representations or warranties as to how quickly such refunds can be made, particularly where payments have already been dispersed to Service Providers.
11 Liability
In all arrangements involving Service Providers, we act only as agent and no liability shall be attached to us in connection with or arising from such an arrangement with a Service Provider.
12 Availability and prices
All products or services sold by us are subject to availability, and can be withdrawn without prior notice. All products and services are subject to price variations until full payment for such products or services have been received by us.
13 Price inclusions and exclusions
Prices for products and services are as specified in each section of this Site. Unless specifically indicated, prices do not include meals, travel insurance, airport departure taxes, passport and visa charges, government charges where applicable and items of a personal nature such as, beverages, laundry, gratuities and telephone calls.
14 Documentation
14.1 When departing from Australia you must be in possession of valid passport. If your passport is due to expire within six (6) months of your planned return to Australia, you should consider obtaining a new passport.
14.2 Visitors to Australia must be in possession of a passport with a validity extending for at least six (6) months after planned departure from Australia and be in possession of a current visa issued by an appropriate authority.
14.3 Certain countries require Australian passport holders to obtain a visa prior to arrival. Where we assist you in applying for visas we do so on the condition that you disclose all matters that may effect your visa application, including any relevant criminal charges and convictions, to us prior to such application being made. We make no representations or warranties in respect of your likely success in obtaining visas from the relevant authorities, and where you book and pay for travel services before obtaining relevant visas you do so at your own risk.
14.4 Vaccinations are strongly recommended and may be compulsory for some destinations. We recommend consultation with your general practitioner or travel health specialist for specific requirements.
15 Travel insurance
15.1 We strongly recommend you take out travel insurance to cover a range of contingencies including cancellation charges, lost baggage, medical costs where applicable, personal liability and other risks.
15.2 We offer travel insurance for every booking. If you decline to take out travel insurance, we will require a signed acknowledgment from you that such insurance was offered but declined. We will provide the acknowledgment form. Before taking out any travel insurance, we strongly recommend that you read the relevant product disclosure statement and confirm that the terms of this are acceptable to you.
15.3 You may cancel your travel insurance policy within fourteen (14) days from the date of issue of the certificate of insurance, and you will be given a full refund of the premium paid, provided you have not commenced your trip and you do not want to make a claim or to exercise any other right under the policy.
15.4 For cancellations made after this fourteen (14) day period, a 50% cancellation fee will apply.
16 Fees and charges
16.1.1 A non-refundable deposit of $110 per person for domestic travel arrangements and $165 per person for international travel arrangements made by us plus deposit required by operator.
16.1.2 A fee of $33 per person per ticket for our members and $44 per person per ticket for non-members, when booking domestic airline travel.
16.1.3 A fee of $33 per change made for domestic bookings and a fee of $55 per change for international bookings plus penalty imposed by operator.
16.1.4 A fee of 10% of travel costs (minimum of $110 per person) for cancellation of bookings for domestic travel arrangements and 10% of travel costs (minimum of $165 per person) for cancellation of bookings for international travel when you cancel any booking after you have paid monies.
16.1.5 A non-refundable $55 consultation fee for planning/costing a detailed itinerary for a domestic trip and $110 fee for international trip planning. These fees are payable prior to the itinerary and costing being prepared.
16.1.6 A service and courier fee and/or special postage fee of $55 per passport, per visa is required in addition to any government or consular fees applicable. This service is only available for clients who have booked their travel arrangements through us.
16.1.7 A $33 late booking fee will be charged when a booking for a package holiday, cruise or tour is made within seven (7) days of departure, and the Service Provider requires immediate payment before tickets are issued.
16.2 All deposits, fees and charges described in this clauses are in addition to any such deposits, fees and charges that may be required by Service Providers.
16.3Any deposit or consultation fee charged under this clause will be credited against the total cost of your travel if you proceed with a booking to which the deposit or consultation fee relates.
16.4 We will pass on to you any 'out-of-the-ordinary' communications or bank fees or costs paid or incurred by us. Such costs may include ISD/STD telephone calls, faxes, special postage services or courier fees, special cheque clearance fees, return cheque fees or costs of issuing bank drafts.
17 Terms of payment
17.1 The balance of the travel costs will usually be required no later than forty five (45) days prior to departure ("Standard Booking"), unless the date of booking falls within forty five (45) days of departure, in which case full payment will be required when the booking is confirmed.
17.2 Some Service Providers require full payment for bookings within a timeframe which may differ from the Standard Booking. Payment details for such travel arrangements will be advised at the time of confirmation of booking.
18 GST
18.1 Any consideration to be paid or provided for a supply made under or in connection with this Site, unless specifically described as "GST inclusive", does not include an amount on account of GST. Despite any other provision in this Site, if a party ("Supplier") makes a supply by way of or in connection with this Site on which GST is imposed (not being a supply the consideration for which is specifically described in this Site as "GST inclusive"):
18.1.1 the consideration payable or to be provided for that supply but for the application of this clause ("GST exclusive consideration") is increased by, and the recipient of the supply ("Recipient") must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply; and
18.1.2 the amount by which the GST exclusive consideration is increased shall be paid to the Supplier by the Recipient without set-off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
18.2 If a payment to a party by way of this Site is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment shall be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense. That party is assumed to be entitled to a full input tax credit unless it proves, before the date on which the payment must be made, that its entitlement is otherwise.
19 Termination
We may terminate this agreement, or your ability to access this Site, and/or any other service provided to you by us, and any other agreement between us, immediately if you breach any of these Terms.
20 Agency
20.1 Products and services are sold by us as agents for Service Providers. We are not a Service Provider and have no responsibility for services provided or not provided by any Service Provider. We give and make no warranties or representations regarding the standard of any service or product to be supplied and no person has authority to make such representations or warranties on behalf of us. All tickets, coupons, exchange orders, vouchers and receipts are issued subject to the appropriate tariffs and terms and conditions of sale of the Service Providers and these Terms. We have no responsibility, and extend no guarantees for discontinued promotions, airfares or specific holiday products.
20.2 No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms.
21 Privacy policy
21.1 We will handle your personal information in accordance with the terms and conditions set out in our Privacy Policy which is posted on the Site.
21.2 We and our Service Providers may disclose your personal information to others who are directly connected with facilitating your travel arrangements and bookings and the provision of travel services and products. For example, we may disclose your personal information to airlines, hotels and other Service Providers in facilitating your travel arrangements.
21.3 At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
21.4 We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
22 Governing law
The use of this Site, all matters arising out of or relating to it and all terms are governed by and construed according to the laws in force in the State of Queensland in the Commonwealth of Australia. Users of this Site unconditionally and irrevocably submit to the exclusive jurisdiction of courts with jurisdiction in Queensland, and all appellate courts from such courts.
23 Assignment
You cannot assign, transfer, subcontract or delegate any of your rights, duties or obligations under any of the Terms of this Site.
24 Severability
All Terms for this Site are severable. In the event that any provision or part of a provision is unenforceable or void under an applicable law, such part will be severed and the unenforceability or invalidity will not affect the enforceability or validity of the other remaining Terms.
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