Booking & Advisory Services – Terms and Conditions
References to “us”, “we” and/or “our” in these Booking & Advisory Services Terms and Conditions means Digital Travel Pty Ltd trading as Digital Travel.
We are a travel agent. We arrange travel services and sell a Travel Product on behalf of Third Party Travel Providers (Providers) including airlines, tour and cruise operators, car hirers and accommodation providers. We may charge a service fee for providing this service.
Once we have booked a Travel Product on your behalf, your contract is then with the Provider of those services.
Your rights to amend or cancel your Travel Booking and the cost of doing so will be governed by the Provider’s terms and conditions. The Provider’s terms and conditions may be non-refundable or may have amendment and cancellation fees. It is important that you understand this when entering into a contract with us. These fees are in addition to amendment and cancellation fees charged by us, outlined in the Schedule of Professional Service Fees.
We provide you with Booking & Advisory Services that allow you to acquire Travel Products from a Provider. We act as agent for the Provider.
By acquiring Booking & Advisory Services from us, you agree that you have read and understood our terms and conditions and the terms and conditions of the Providers.
Fees and Commissions
We may charge a fee for providing the Booking & Advisory Services to you. The fee is non-refundable, even if the Travel Product is not used.
All fees are outlined in the Schedule of Professional Service Fees.
We may receive a commission, fee, rebate, gift or financial incentives from Providers, in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from Providers in relation to your booking is non-refundable in the event of cancellation.
Liability of Agency and Limitations of Liability
We are liable to you for providing Booking & Advisory Services in accordance with these terms and conditions.
Our travel Booking & Advisory Services come with guarantees under the Australian Consumer Law which cannot be excluded. These guarantees include that the services:
- will be provided with due care and skill;
- will be reasonably fit for the specified purpose;
- can reasonably be expected to achieve the desired result; and
- will be provided within a reasonable time.
If we do not meet any of the expectations set out in last paragraph, you have rights under the Australian Consumer Law.
Subject to the Australian Consumer Law, we are not liable for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else for any loss or damage which is suffered directly or indirectly in connection with the:
- the delivery or non-delivery of the Travel Product; or
- any act or omission of Providers or other third parties.
Apart from the rights you have under the Trade Practices Act that cannot be lawfully excluded, we shall not be liable for any inconvenience, delay, loss, death, injury or damage to you or your belongings or otherwise caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party suppliers, force majeure or any other event which is beyond our control.
Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection law.
Liability of the Provider
Once you have acquired Booking & Advisory Services from us, the Provider will provide you with the Travel Product on the terms and conditions agreed between you and the Provider. You should obtain and read the Provider’s terms and conditions before acquiring Booking & Advisory Services from us.
The Provider is liable to you for a breach of obligations in providing you with the Travel Product.
As an agent of the Provider, we have no control over or liability for, the services provided by Providers. We cannot guarantee the performance of the Provider and we have no liability in respect of the supply of any Travel Products including any liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any provider of travel services or products by Providers. All bookings with us are subject to the terms and conditions and limitations of liability imposed by the Provider.
The Travel Products offered are subject to availability and can be withdrawn without notice by the Provider. Travel Products may also change at any time in accordance with the Providers terms and conditions.
When making a booking, you must provide details of each traveller correctly. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s details.
Travel Products obtained through the Booking & Advisory Services are not guaranteed until payment has been made in full and documents have been processed.
It is your responsibility to contact the Provider prior to departure to ensure there is no change to the scheduled departure time.
Most airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’. We cannot be held responsible if your e-ticket does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation.
When making a booking you must advise your consultant of any medical, dietary or mobility conditions you may have.
When making a booking you must advise us if you are pregnant.
All pricing is reflected in Australian Dollars (AUD) unless otherwise specified.
All pricing is inclusive of goods and services tax (GST), or other such value added taxes where applicable.
Federal Legislation conditions that as of from 1 January 2020, we are unable to accept cash payments of $10,000 or more per booking. Cash payments of less than $10,000 per booking are accepted.
Payments processed in foreign currency (currency other than the original card holders country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
We sell Travel Products in two different ways:
- as merchant, where we take payment directly from you at the time of booking confirmation; or
- as retail, where your Travel Product will either be paid to the Provider directly at the time of booking or payable to the Provider on the date of travel.
Travel Products purchased in accordance with the ‘retail’ method, will not be bound by these terms and conditions and you are responsible for pursuing any claims of cancellation, re-scheduling, refunds or chargebacks directly with the merchant.
As the merchant we are governed by the terms and conditions of the provider of the merchant facility.
A credit card or debit card fee may also be charged by certain Providers and low cost carriers. You will be notified of such charges prior to your purchase
All charges, including the credit card fees, may be in another currency (e.g. EUR), which we will provide an estimate for in Australian dollars.
Refunds and Credits
If you cancel your Travel Product, your right to a refund or credit is subject to the terms and conditions of the Provider.
If the Provider is required to provide you with a refund or credit for the Travel Product, we will liaise with the Provider to arrange that refund. Where you are entitled to a refund, we are unable to provide you with this refund until we receive it from the Provider. Please note that most Providers take 60 – 90 days to process any refund.
Any refund or credit will be subject to these terms and conditions and will not include the Booking & Service Advisory fee, credit card fees or any commissions received. You may also be charged a cancellation fee by the Provider.
Where refunds for unused services are allowed, a service fee may be charged by the Provider against the value of the refund. Many Travel Product has been partially used are non-refundable.
It is your responsibility to cancel the unused Travel Product directly with the Provider or to notify Digital Travel Pty Ltd. Failure to do this could result in the entire booking being cancelled and you may not be eligible for a refund.
If you have a booking for a Travel Product (including flights and accommodation) but you do not show up to check-in or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us.
Cancellation and Amendments
If you amend or cancel your Travel Product, we reserve the right to charge the cancellation and amendment fees as per the Schedule of Professional Service Fees.
The Provider may charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Provider. These will be in addition to the fees charged by us. We are not liable for any cancellation fees or refusals to refund made by the Provider.
Many Providers treat name changes and route and/or itinerary alterations as a full cancellation and these can incur full cancellation charges.
We will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or due to our fault.
Cancellations and amendments for online low cost carrier bookings only
If your flight booking is with a Low Cost Carrier, you can only cancel or change your booking by contacting the Provider directly.
Cancellations and amendments for hotel/tour/cruise bookings only
Please review the cancellation policy for your hotel/tour/cruise booking for any penalties that may apply.
We will not be liable for any failure or delay in performing our obligations in booking the Travel Product that is due to events beyond our control.
If a force majeure event occurs that affects your booking, your entitlement to a refund, a credit or re-scheduled travel booking will depend on the Provider’s terms and conditions.
If your booking is impacted by a force majeure event and you are entitled to a refund or credit from the Provider, we will facilitate this refund or credit.
The Booking & Service Advisory fee, credit card fees or any commissions received are non-refundable in the circumstance that a force majeure event occurs.
Low Cost Flights
If you book a low cost flight with us, we will make the booking on your behalf and your contract for your low cost flight will also be subject to the airline’s booking terms and conditions.
It is your responsibility to ensure that all details of the booking are correct before proceeding. For any changes or cancellations, please contact the airline directly, quoting your reference.
Additional Airline Charges
Some Providers may also charge additional fees. Please check with the Provider for their full terms and conditions.
Some Providers will require an additional charge to be paid locally (e.g. a resort fee) at the time of check in or check out. This amount is in addition to the amount shown during the booking process under the ‘total booking cost’ amount.
There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to your hotel/accommodation/tour/cruise booking (e.g. local taxes, sales tax etc.). Any local taxes will be payable by you directly to the Provider at the time of check in/check out.
Changes in Price and Itineraries
We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent.
If a Provider changes any part of your booking for reasons beyond its control, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product. Any refund would be subject to the Travel Provider terms and conditions.
These terms and conditions are subject to variation at any time. Any variation will be displayed here, and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.
Your Obligations and Warranties
You warrant to us that:
- you are at least 18 years old and have the power, capacity and authority to enter into a binding contract with us and with the Providers of the Travel Products that you acquire;
- you have read and understood these terms and conditions and if booking on behalf of third parties, you have conveyed these terms and conditions to them;
- the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process;
- you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover; and
- you will use the Booking & Advisory Services in accordance with these terms and conditions and you will not use the Booking & Advisory Services in any way to breach any laws or defame anyone.
Schedule of Professional Service Fees Service Fees
To change air bookings will incur a fee of $33 per passenger in addition to Provider and credit card fees where applicable.
To change non-air bookings will incur a fee of $55 per booking in addition to Provider and credit card fees where applicable.
To cancel air bookings will incur a fee of $66 per person or a cap of $330 per booking in addition to Provider and credit card fees where applicable.
To cancel non-air bookings will incur a fee of $110 per booking in addition to Provider and credit card fees where applicable.
Credit Card Fees (Where applicable)
Visa – an additional 1.95% applies
Mastercard – an additional 1.95% applies
American Express – an additional 3.0% applies
Digital Travel Pty Ltd collects your personal information to enable us to respond to your queries and provide you with the Booking & Advisory Services, including assisting in arrangements with Providers (such as hotels and flights).
By signing up for our newsletter, alerts, offers or updates, you confirm you have read and understood our privacy notice for this service and you consent to Digital Travel Pty Ltd sending you marketing material, including via electronic messages relating to our and our partners’ products and services that may be of interest to you.
Passports, Visas and Health Requirements
It is your responsibility to ensure that you have the required documents, including visas and passports, before travelling to a destination. For more information please log on to www.dfat.gov.au and www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.
For International travellers booked on flights to the USA, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an electronic authorisation known as ESTA (Electronic System for Travel Authorisation) no less than 72 hours before travel to the USA. This can be obtained from the following website: https://esta.cbp.dhs.gov/esta/.
For international travellers booked on flights to Canada, you either need a visitor visa or an Electronic Travel Authorization (eTA) to fly to, or transit through, a Canadian airport. An eTA can be obtained from the following website: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/apply.html
It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended before your travel departure date.
A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or extradited from it. Certain countries require that travellers be vaccinated against specific infection and/or diseases. We strongly recommend that you check with your doctor and the Embassies of countries to which you are travelling to with respect to any health requirements and make the appropriate disclosures, where required. General health advice for your destination is from the DFAT at www.smartraveller.gov.au.
We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website at www.dfat.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
For reasons of political unrest, acts of war of terrorism, pandemics and/or natural disasters the Australian Government may decide to issue a Government Advisory Warning to Australian passport holders not to travel to a particular country.
While we are prepared to make these bookings for you, we do so without responsibility or liability of such instances. For current safety alert levels and general advice for your desired destination, please visit the Department of Foreign Affairs and Trade website at www.smartraveller.gov.au, where you may also register your travel plans so as to be contacted in case of an emergency.
Every effort is made to ensure our prices quoted are correct. However all prices quoted or advertised are subject to availability and can be increased or removed without notice due to a variety of reasons i.e. airfare increases, currency fluctuations, fuel surcharges and taxes.
Online bookings must be paid in full at the time of booking. All other bookings will require a deposit (or deposits) with the amount to be clarified by your travel consultant. This is because certain airfares or services must be paid in full when booking.
The prices quoted may change if the final payment is not made by your applicable payment deadline and/or ticket/voucher issued. For clarification of your payment deadline, please refer to the documentation received at the time of booking or contact your travel consultant to confirm. All quoted prices include our agency commission and/or administrative fees for the services rendered.
For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. All other travel documentation, such as hotel booking confirmations, will be emailed to the email address you provided as an e-document. Should the Provider issue paper vouchers, these will be posted to the address you provided.
Credit/Debit Card Payments
You authorise us to charge all fees sustained by you in connection to the services provided to the credit/debit card nominated 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.
Monies Not Held
All funds paid by you are the property of Digital Travel Pty Ltd. The funds paid by you are considered debt due and payable to the applicable travel service providers on your booking. You hereby agree that such funds will not be held by us on trust and/or on behalf of you or the persons acknowledged in your booking. We may hold your funds however we please in our accounts, including with ours and/or other customer monies.
International Credit Cards
International credit cards are readily accepted, provided the name on the card matches the name on the ticket. If you are not the card holder and the actual card holder does not reside in either Australia or New Zealand, we will require further information to guarantee the security of the card holder. Your ticket cannot be issued until this guarantee is made. If we require further information for security purposes, we kindly request you provide it. In the event we suspect fraudulent activity, we reserve the right to cancel a booking and refund any payments should we consider any transaction to be potentially fraudulent.
Cancellation of unwanted flights
For unwanted flights to be effectively cancelled, the cancellation must be completed a minimum of 24 hours prior to the flight commencing to avoid the applicable airline fees and penalties (such as “no-shows” or “cancelling under insufficient time”).
All airlines reserve the right to cancel the remainder of your bookings should you fail to comply with these terms and conditions.
Passengers who do not show up for their flights will be considered a “no-show”. The connecting flights associated with their booking, including the return flight will be cancelled without a refund and an additional fee could be charged, depending on the airline.
When “cancelling under insufficient time” passengers who have not cancelled at least 24 hours prior to the flights departure are often subject to the full fare without a refund, depending on the airline.
Flight schedule change caused by airlines
Your booked flights may still be affected due to scheduling changes imposed by the airlines. We will inform the airlines of your preferred method of contact and of your contact details for them to notify you of the any scheduling changes. If you have been adversely affected by any of these scheduling changes, we will endeavor to re-accommodate you by making alternative arrangements at your behest, subject to each individual airlines policy. Please note we are not liable for any damage due to any airline scheduling changes.
On the unlikely occurrence that your e-ticket has not been issued successfully due to technical issues or updated airline fares, we reserve the right to terminate your booking request and refund your payment in full. We are not liable for any damages, if any.
Additional luggage must be purchased directly from the airline. Many airlines do not offer free luggage allowance and charge for each bag checked. If you are travelling on a low cost airline, please check the carrier’s website as we may not have current information on every airline. In general it is cheaper to prepay for luggage than pay at the airport.
Frequent Flyers & Special Requests
For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number. For bookings made by telephone via our Customer Service Team, please advise of your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.
Special requests will be passed on to the Provider but cannot be guaranteed.
We strongly recommend the acquisition of comprehensive travel insurance for all international and domestic travel. Your selected travel insurance provider should cover cancellations, medical and extradition expenses, personal injury, accident, death and loss of personal baggage along with money and personal liability insurance.
Please contact your travel consultant to take out travel insurance with our recommended insurance provider or choose your own. If you purchase travel and decline travel insurance, you may be required to sign a disclaimer.
“We” and “us” means Digital Travel Pty Ltd trading as Digital Travel.
“You” or “your” means any user of our Website or any person who acquires the Booking & Advisory Services, including any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).
“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Provider and includes advisory and consulting services.
“Force Majeure” means, 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, adverse weather conditions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion and generalised lack of availability of raw materials or energy.
“Travel Provider” or “Provider” or “Providers” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
“Travel Product” means the service or product provided by a Provider, for example, an airline or a hotel.
“Website” means our website www.digitaltravel.com.au
Jurisdiction and Law
All matters arising out of or in connection with the Booking & Advisory Services and these terms and conditions are governed by the laws of Queensland, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of Queensland, Australia.