Travel Terms and Conditions
Travel Services - Terms and Conditions
These terms and conditions apply to bookings you make with a Consultant (instore, over the phone or by email) as well as online bookings made via our website. By interacting with a Consultant, by making enquires and/or providing instructions, you are accepting these terms and conditions and agree to be bound by them. You warrant you are 18 years or older and legally entitled to enter into contractual arrangements with travel product suppliers, organised by Burnt Pine Travel (herein referred to as BPT), and you are authorised to act on behalf of all other persons travelling with you.
These terms and conditions govern our relationship with you. Once we accept a booking from you on behalf of a Supplier, you will have entered into a contract with the Supplier, which will also be governed by other separate related terms and conditions. It is your responsibility to make yourself aware of and familiar with those other terms and conditions, which will be available from the Supplier’s printed materials and/or as part of their website. If requested, a BPT Consultant can assist in providing access to the separate related terms and conditions.
All the terms and conditions are important and you should read them all to fully understand, your and our obligation. Following is a summary of the more relevant ones, but these are only intended as a guide and not as an exhaustive list
- 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 reason 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
SUMMARY OF OBLIGATIONS
Before making a booking, please ensure 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 Supplier and agree to be bound by those.
- You are responsible for checking the accuracy of all documents provided to you.
- You are responsible for ongoing monitoring and for confirming departure times of any booked services at least 24 hours prior to travel.
- You agree and accept that passports, visas and other required travel documentation are your responsibility.
- You acknowledge that you have checked the Australian Government Smartraveller website for all current information relevant to your intended destination(s).
BPT acts as agent for and sells travel related products as an agent of transport, accommodation, and other service providers, including but not limited to airlines, tour operators, rail service providers, cruise line operators as well as general travel product wholesalers.
By engaging the services or BPT you authorise us to make travel arrangements and bookings on your behalf and to initiate and enter into various related contracts between you and the Suppliers.
We may receive fees or commissions, from Suppliers in respect of Products we advise you of or arrange on your behalf. Details of these can be supplied on request.
Any brochures or other printed materials 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 separate 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. If requested, a BPT Consultant can assist in providing access to the separate related terms and conditions.
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.
In the event of a service failure by a Supplier related to a booking we made on your behalf we will provide feedback to the Supplier if you so request.
All Products that we request quotations for on your behalf are subject to availability from the Supplier and may be withdrawn or varied by the Supplier without notice. A quotation does not constitute a reservation or a guarantee of availability.
3. PRICES AND TAXES
All prices that we quote are in Australian Dollars and based on twin share accommodation unless otherwise stated. Single surcharges will be quoted on request. Prices quoted remain subject to change at the discretion of the Supplier prior to booking. Price changes may occur after booking because of matters outside our control including but not limited to increases of the cost of the Product imposed by Suppliers, adverse currency fluctuations, fuel surcharges, taxes and airfare and airline surcharge increases. 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 by the authorities who impose them. On other occasions you may be liable for taxes in addition to the quoted price of the Product, such as, when a local tax is charged at some airports or resorts that cannot be prepaid.
Your Consultant can provide up-to-date prices at any time, upon request. Any variations in prices, arising from any reason, are payable to us immediately they are varied and in any event before travel documents can be finalised and provided.
For the avoidance of doubt, please be aware that many airfares are subject to strict conditions regarding amendments, cancellations and refunds. In addition airlines impose taxes fees and charges. It is your responsibility to ensure the type of airfare you purchase is suitable for your needs. All airfares are subject to taxes and charges levied by both government and the airlines themselves; in addition global fuel costs are constantly increasing. Airlines pass on the increase in taxes and fuel surcharges without notice and whilst we will endeavour to advise you of these charges in advance that may not always prove possible. Burnt Pine Travel Pty Ltd reserves the right to pass on fuel and tax increases, levied by airlines, without notice.
4. 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 of the balance is required no later than six weeks prior to departure or such earlier date if required by a Supplier. Failure to make payment by the due date may result in your booking being cancelled and deposits being forfeited.
Payments can be made by direct deposit, cash, credit or debit card or gift voucher (validly issued by Burnt Pine Travel Pty Ltd) Payments made by direct deposit may take up to three business days to process. If you are paying by this method, you must make the payment at least three business days prior to the actual due date. You must notify your Consultant details of your payment in writing once it has been made.
Where payments are made by by cash or credit/debit card any additional charges applicable are outlined in “Fees and Surcharges”. We do not accept payments by personal cheque but do accept bank cheques. Bank cheques require five business days to process. If you are paying by this method, you will need to make the payment at least five business days prior to the actual due date. You agree to not seek to stop payment of the cheque even when you cancel a booking. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us or to a Supplier, including any liability in respect of cancellation fees, before refunding the balance to you.
5. 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. Please see our current Schedule of Agency, Operator and Miscellaneous Service Fees.
Payment by credit card will incur a surcharge to offset our cost of acceptance of payment by credit card, including merchant fees imposed by the applicable bank. 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. The surcharge applied shall not be refundable.
Credit card fees are Mastercard 1.2%, Visa 1.4%, AMEX 1.8% and Diners 2.5%. Any debit card fees will be advised at the time of charge. These fees may vary and any variations will be advised on our website. If a fee on our website is greater than disclosed here the greater fee will be charged.
You authorise us to charge all monies payable by you in relation to any booking we make on your behalf, or for other services 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 and fully reimburse us for any costs incurred or fees that are applicable.
6. CHANGE AND CANCELLATION FEES
It is important that you understand 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 separate terms and conditions.
Your entitlement to a refund for cancelled bookings is subject to the separate relevant Supplier’s terms and conditions. Suppliers generally impose cancellation fees.
If you are entitled to a refund then, subject to the Supplier’s separate terms and conditions, we will attempt to 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. Typically airlines will take between 60-90 days to process a refund and refunds from Suppliers can take even longer.
Please note that if we are entitled to a service fee for placing (or cancelling) 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 applicable service fee from any refund we receive on your behalf before remitting the balance to you.
8. SPECIAL REQUIREMENTS
You must advise your Consultant of 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.
9. FREQUENT FLYER AND 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 inclusion 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.
10. TRAVEL DOCUMENTS
It is your sole responsibility to ensure you have a valid passport at the time of travelling and that you hold all necessary visas and permits. We do not provide advice on visa requirements for your planned journey nor do we organise visas on your behalf. All Australians must hold a valid passport for international travel. Some countries require you when entering to hold passport with at least six months validity. Australian permanent residents require a valid re-entry permit. Children are required to hold individual passports.
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 available for collection two weeks prior to departure, however this will depend on your individual arrangements. Please contact your Consultant to confirm when your travel documents are ready for collection. If you have booked online, you should print out and retain your travel documents as provided to you by the website (or in a confirmation email we send you). You must review your travel documents carefully and advise us immediately of any errors in names, dates or timings. Names on international flight bookings must be identical to the names that appear on each traveller’s passport.
International and domestic airlines are replacing paper tickets with electronic tickets called e-tickets. All passengers travelling on an e-ticket will be required to produce photo identification at check-in. Passengers should be able to produce a paper or electronic copy of the e-ticket on request if required. The airline on which you are booked may vary departure dates and times. It is your responsibility to monitor there has been no change to the time or date of departure / arrival on your expected days of travel.
A minimum requirement for booking confirmation is names as they appear on travel ID (ie. Passport, Driver’s License, Govt issued ID), A home Address, Email Address, Contact Phone Number (mobile preferrable). In addition to this Burnt Pine Travel Pty Ltd may collect information about you (including health information where necessary) & may disclose your personal information to organisations which provide services to Burnt Pine Travel Pty Ltd to enable us to provide Products to you, process your travel arrangements & facilitate your participation in loyalty programs. If the information is not provided, we may not be able to fulfil the service requested. As a Burnt Pine Travel customer, you may, at any time, request further information about the way we manage your personal information. You may also request removal from our contact lists or correct your personal information by contacting us in writing or by e-mail.
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 direct control, an event of Force Majeure affecting you, us or a Supplier or any other event which is beyond our control or which is not reasonably foreseeable or 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 separate terms and conditions of the relevant Supplier.
13. GOVERNING LAW
If any dispute arises between you and us, the laws applicable in Norfolk Island will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Norfolk Island, and waive any right that you may have to object to an action being brought in those courts.
14. CHANGES TO THESE TERMS AND CONDITIONS
Burnt Pine Travel Pty Ltd reserves the right to amend these Terms and Conditions at any time without notice but with updates being incorporated on our website.
15. TRAVEL INSURANCE
The Australian Government and Burnt Pine Travel Pty Ltd strongly recommends that you take out comprehensive travel insurance at the time of paying a deposit. The policy should provide cover for loss of deposit, cancellation and additional expenses, medical expenses and repatriation and loss or damage to baggage and valuables. You are responsible for making any special or increased insurance arrangements which you deem are necessary.
Burnt Pine Travel would hope that you will have no reason to complain but if you are not happy with any aspect of the services provided to you, in the first instance you must report it immediately to the Supplier, or contact us. We will attempt to resolve the matter as soon as possible. If your complaint is not resolved you must correspond in writing to us within one (1) month from the end of your trip or holiday. Failure to complain to your Supplier at the destination may result in us being unable to resolve the issue after you return home.
“we” and “us” means Burnt Pine Travel Pty Ltd (ACN 652 449 655), and where the appropriate from the context, its Consultants.
“Consultant” means an employee of Burnt Pine Travel Pty Ltd, with authority to book Products.
“you” means a person who provides instructions and 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 commotion, coup d’état, 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.
To proceed with your booking, you acknowledge that you have read and agree to accept our terms and conditions and applicable professional service fees.