Agent Terms and Booking Conditions

Transcription

1 Agent Terms and Booking Conditions Contents Agent Terms AGENT TERMS AGREEMENT PRICES & PAYMENT MAKING BOOKINGS COMMISSION DUTIES REFUNDS GENERAL... 4 Schedule1: Payments & Bank Details... 6 Schedule 2: Privacy Collection Statement... 6 Booking Conditions DEFINITIONS BOOKINGS ACCOMMODATION INFORMATION PRODUCT INFORMATION STAR RATINGS/ GRADINGS HOTELS CANCELLATIONS AND AMENDMENTS IMPORTANT INFORMATION Transfers and Sightseeing COMPLAINTS LIABILITY RECREATIONAL SERVICES PRIVACY GENERAL Agent Terms 1. AGENT TERMS AGREEMENT This confirms the terms and conditions of your agreement with Travelcube Pacific Pty Limited of Level 1, 655 Pacific Highway St Leonards NSW 2065(ABN ) ("TravelCube") to be a non- exclusive Retail Booking System Agent ("RBS Agent") for selling the products of TravelCube ("Products") available on the Retail Booking System ("RBS") to TravelCube customers in return for a commission ("Agreement"). In this Agreement, "we", "us" and "our" mean TravelCube and "you", "your" and "yours" mean the RBS Agent. Customer" means the person making the booking, Traveller means each person travelling pursuant to a Booking and includes the Customer (if the Customer is travelling pursuant to a Booking). Booking Conditions means the terms and conditions upon which Bookings are made on the RBS 1.1 You must be registered on the RBS to make bookings on the RBS ("Bookings"). and you must be a licensed travel agent. Your acceptance as an RBS Agent is at our sole discretion and is subject to us conducting checks on your accreditation, financial and credit status. 1

2 1.2 Our acceptance of your application to become an RBS Agent means (a) you will be issued with a login ID; and (b) you will be authorised to make bookings of Products for our Customers through the RBS. It is your responsibility to assign a password when registering each login. 1.3 We will make available to you both graphic and textual RBS links ("Links") for display on the computer desktops of your employees. The Links will link you to the RBS. 1.4 You will not misrepresent the relationship between you and us. TravelCube supplies hotels, transportation and other travel services which we purchase from third party suppliers. As such to the extent permitted by law we are not liable for personal injury, illness, property damage or any other loss (direct or indirect) or expense arising out of actions of hotels, transportation companies or other suppliers providing services reserved through us. 1.5 You acknowledge and agree that in relation to Products purchased pursuant to this Agreement you have no relationship of agency, principal or otherwise with any of our suppliers. 2. PRICES & PAYMENT 2.1 We reserve the right to change prices offered on the RBS at any time but this will not affect the price of any Bookings that have already been confirmed. The prices on the RBS are shown in the currency selected and displayed with rates of exchange calculated by us on a daily basis. Prices may therefore differ on a daily basis to reflect any movement in exchange rate levels. The exchange rate will be fixed at the time the booking is created. However, prices and exchange rates in relation to any amendments, additions or cancellations are fixed at the time that each amendment, addition or cancellation is made. 2.2 Bookings for travel arrangements must be paid for in full by credit card, on-line bank transfer, enett or Paymentgate in accordance with the payment terms on the RBS. This also applies to any additional charges for amendments, additions or cancellations made to Bookings. 2.3 In all cases, if payment is not received by the payment deadline shown on the system, we will assume that the Booking is no longer required and we will cancel the Booking. 2.4 Payments made on-line by credit card or debit card must be made in full (i.e. the gross amount) and you will receive commission in accordance with clause 8 below. Payments by enett or Paymentgate must be made net of commission. Payments via the enett website or Paymentgate must be made by 2pm on the day of the Booking to be applied to the Booking on the same day (unless in the case of a weekend or public holiday when it must be paid on the business day prior). Payments by on-line bank transfer must be made net of commission due to you and in the currency of the Booking. If you are to pay by on-line bank transfer, you must include the booking ID as a reference when making the transfer to which the payment applies. Payment must be made to the relevant bank account as detailed in Schedule 1. Payment by on-line bank transfer must be received no less than 14(fourteen) days prior to the departure date in the Booking. 2.5 If TravelCube has authorised credit arrangements with you, you will be invoiced for all Bookings. It is your responsibility to cancel any Bookings which are no longer required. Cancellation charges may apply in these circumstances. 2.6 Any payments for Bookings received by you from Customers shall be held in trust for us. 3. MAKING BOOKINGS 3.1 For items shown as "Available" on the RBS you will usually receive an confirming the booking within a few minutes, sent to the address that you provided to us when you made the booking. If you do not receive a confirmation your booking may not be confirmed. It is your responsibility to check the status of the booking in the booking basket. 3.2 For items showing as "On Request" we will contact the supplier and respond to you usually within 48 hours advising if the items have been confirmed or not. In the event that you have entered credit or debit card details at the time of placing the Booking no payment will be processed until the items have been confirmed. 3.3 Relocation: Sometimes it may be necessary to relocate Travellers to other accommodation. In this event an alternative may be offered and we will contact you to inform you of the details and what action to take if you wish to accept the alternative suggestion. Prices may vary in these circumstances. If the alternate accommodation is accepted then such acceptance shall be final and binding. 3.4 When the items have been confirmed and payment has been received, you will be able to print the vouchers for the Customer. The vouchers must be presented at the accommodation reception at the time of check in, or to the service provider, as evidence that the services have been booked and paid for in advance. Failure to present the voucher may result in Customers being charged again (at the full service providers published rates) or the service not being provided. 3.5 Bookings will need to be reconfirmed by clicking on the reconfirmation button during the periods listed below. Failure to do so will result in the Booking automatically cancelling in the system. Note that once payment (in part or in full) is received, reconfirmation is not necessary. Within 7 days from the departure date- No reconfirmation required days from the departure date-reconfirmation is required within 5 days of the Booking creation date. 2

3 14-45 days from the departure date- Reconfirmation is required within 7 days of the Booking creation date. Note: the departure date is specified on the RBS. 3.6 Any amendments, additions and/or cancellations must be notified to us via the RBS. Any amendments, additions or cancellations notified directly to the accommodation or service provider will not be effective. 3.7 Once a Booking has been paid for no new items may be added to that Booking, instead a new Booking will be required for any new items. 3.8 Conditions: Bookings may incur conditions and/or special conditions. You will be notified of these conditions at the time of booking. Applicable conditions and special conditions will be displayed when you view the applicable items in the basket, and clicking on this link will display the item and specific conditions that apply including but not limited to fees and charges for cancellations and amendments to Bookings. 4. COMMISSION You will earn a commission at the rate agreed with your account manager on the value of each Booking (including any applicable goods and services tax (GST) or similar taxes but excluding debits for fraudulent credit card transactions and refunds) made through the RBS, and which is paid for and consumed i.e. used ("Commission"). If payment is made on the RBS by credit or debit card, we will pay Commission within 14 business days of the Booking being consumed. Bookings paid for by enett, Paymentgate, net credit card (contact your account manager to implement) or on-line bank transfer in accordance with clause 2 will be paid by you net of Commission. Commission is not payable on Products purchased on the RBS via any other websites including any third party platforms. In order for us to pay Commission a Recipient Created Tax Invoice agreement needs to be signed by you. Refer: Click here to access 5. DUTIES 5.1 In consideration of the Commission, you agree that you will: a. use your best endeavours to promote the Products on the RBS to Customers and encourage them to purchase Products through you; b. diligently perform your obligations under this agreement and at all times act in good faith, conscientiously and in our interests; c. follow all lawful instructions of TravelCube; d. at all times act within the scope and limits of your authority; e. at all times act within the scope and limits of your authority; f. pass on the Booking Conditions (including any applicable conditions and special conditions) to Customers at the time of booking and in any event before payment; g. pass on the Travelcube Privacy Collection Statement to Customers at the time of booking and in any event before payment. The Travelcube Privacy Collection Statement is attached hereto as Schedule 2 ; h. Comply in all respects with the Privacy Act 1988 (the Privacy Act ) i. pass on any information for Customers which is given to you by us or any of our employees for the relevant Booking. 5.2 When you make a booking by submitting an order on us you guarantee that you have explained and provided a copy of the Booking Conditions (and any other conditions and special conditions in relation to the booking including any exclusion of liability for recreational services and recreational activities) and the Privacy Collection Statement to the Customer and have the authority to accept (and do accept) the Booking Conditions on your behalf and on behalf of all Travellers 5.3 Customers who purchase Products through the RBS will be our Customers. All bookings are subject to (a) the Booking Conditions and any conditions and special conditions on the RBS, which must be communicated to Customers at the time of booking with reference to TravelCube and (b) acceptance by us in accordance with our policies and operating procedures on the RBS, current at the time they are made. We may change our policies and operating procedures at any time for any reason including being consistent with applicable laws. 6. REFUNDS 6.1 TravelCube will make a refund for those bookings which have been paid for in full provided those bookings are eligible for refund in accordance with the cancellation and amendment rules specified in the Booking Conditions. 3

4 6.2 For those bookings originally paid for by credit or debit card via the RBS, any refund will automatically process to the original credit or debit card account that was used to pay for the Booking and no other methods of refund will be possible. If the Commission has already been paid to you, the net amount will be refunded to the credit card. 6.3 Refunds will take between 2-7 working days to be credited to the credit or debit card. 6.4 Bookings not settled by credit card or debit card will be refunded using the same method as the payment. 7. GENERAL 7.1 We may modify any of the terms and conditions of this Agreement at any time and in our sole discretion by posting a notice of change and the Agreement as modified on the RBS. Your continued usage of the RBS will constitute binding acceptance by you of the change. 7.2 Subject to the early termination provisions, this Agreement shall continue until terminated without cause by either party giving 30 days written notice to the other party by If you: (a) fail to pay any sum due under this Agreement; (b) breach any of your obligations and or any of the terms and conditions contained in these Agent Terms and fail to cure such breach within seven (7) days of receiving notice from us specifying such breach; (c) go into compulsory or voluntary liquidation; (d) have an administrator or a receiver appointed over any part of your assets or business; or (e) cease or threaten to cease business then, without prejudice to any rights or remedies we may have, we may, in our sole discretion, terminate this Agreement immediately or on such notice period we see fit without any liability to you and you shall immediately pay any monies due and payable to us at the date of such termination and until such monies are paid such monies shall be held in trust for us. 7.4 Notice will be sent to the address in the application unless the parties give notice otherwise. Commission will only be payable on Bookings confirmed prior to the date of termination which are consumed and paid for. Any final payment of Commission may be withheld for a reasonable time to ensure compliance with the terms and conditions of this Agreement. 7.5 You warrant that you have obtained the necessary licences to operate your business as a travel agent in the relevant country and that you comply with all applicable laws and regulations in that country. You agree to indemnify TravelCube for any liability incurred as a result of a breach of this warranty. 7.6 We make no express or implied warranties or representations with respect to the RBS or any products sold through the RBS including, without limitation, warranties of fitness, quality, non-infringement, or arising out of a course of dealing, performance, or trade usage. We also make no representation that operation of the RBS will be uninterrupted or error-free, and we will not be liable for any interruptions or errors or their consequences. 7.7 Excluding claims for death and personal injury arising from our negligence, in no event will we be liable for any damages resulting from loss of data or use, lost profits or anticipated savings, nor for any damages arising as an indirect or secondary consequence of anything done or not done by us whether such damages were reasonably foreseeable or actually foreseen. In addition, our maximum total liability to you for any cause whatsoever with respect to this Agreement and the RBS will be for direct costs and damages only and will not exceed the total of Commission paid or payable to you under this Agreement during the year preceding the date of your claim. 7.8 You shall be solely responsible for and hereby indemnify us, our parent company, directors, officers, employees and representatives against any and all claims, actions, demands, liabilities, losses, judgments, settlements, costs, damages, fines and expenses (including reasonable legal fees) in connection with, resulting from or arising out of: (i) your breach of any term, provision, representation, warranty or requirement of this Agreement; and (ii) any negligence or wilful misconduct by you, your agents or employees (ii) any misrepresentation You may not assign this Agreement to any party without our prior written consent. Subject to this, this Agreement will be binding on and inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Nothing in this Agreement will create any partnership or joint venture between us and you. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. You accept that we may at any time, directly or indirectly, engage in

5 similar arrangements on terms that may differ from those contained in this Agreement and that we may operate websites similar to or which compete with the RBS This Agreement will be governed by and construed in accordance with the laws of New South Wales ( NSW ), Australia and both parties agree to submit to the exclusive jurisdiction of the courts of NSW as regards any claim or matter relating to this Agreement regardless of conflict of law and any other mandatory legal provisions This Agreement together with the Booking Conditions and the Confirmation (as that term is defined in the Booking Conditions) constitute the entire agreement between us. By clicking on "Continue" you confirm that you have read this Agreement and agree to be bound by its terms and conditions and in so doing you are not relying on any other representation, guarantee, or statement from us or anyone else. 5

6 Schedule 1: Payments & Bank Details Bank account details for bank transfer payments: Account Name. TravelCube Pacific Pty Ltd Australian RBS Agents AUD Payments: Bank: National Australia Bank Account Name: Travelcube Pacific Pty Ltd ; BSB: IABIOL Account Number: Swift Code:NATAAU3302S (International transfers only) New Zealand RBS Agents NZD Payments: Bank The HongKong and Shanghai Banking Corporation Limited Account Name:Travelcube Pacific Pty Ltd Account No: Swift Code: HSBCNZ2A (International Transfers only) Schedule 2: Privacy Collection Statement Travelcube Pacific Pty Ltd is collecting your personal information in order to process your booking. We may disclose it to other organisations in order to facilitate and process the booking.. We may also disclose your personal information to enforcement agencies or as otherwise required by law. Some of the organisations to which we disclose your information may be located overseas, including in countries to which your booking relates, and the United Kingdom, Switzerland and Hong Kong. If you wish to find out more details, including how to access and correct your information, or details about TravelCube s complaint handling processes please see our privacy policy which is located on the RBS. Booking Conditions These conditions govern all bookings made by your travel agent on your behalf ("the Customer") with Travelcube Pacific Pty Ltd of Level 1, 655 Pacific Highway St Leonards NSW, 2065 Australia (ABN ) on the Retail Booking Site ("RBS"). 1. DEFINITIONS In this Agreement the following words shall have the following meanings: "we", "us" and "our" means TravelCube Pacific and "you", "yours" and "your" means the Customer; "Booking" means an Order placed on us by your travel agent using the RBS, which is accepted by us in accordance with these conditions; "Confirmation" means a written confirmation sent by by us confirming a Booking; "Order" means a request made by your travel agent to purchase accommodation and/or travel arrangements with us using the RBS; "Personal Injury" means personal injury of a kind described in section 139A(3) of the Competition and Consumer Act 2010 (Cth). "Special Event Periods" means periods specified by us when trade fairs, exhibitions, major conferences and other major events are being held at the relevant location; and "Traveller" means each person travelling pursuant to a Booking and includes the Customer (if the Customer is travelling pursuant to a Booking). 2. BOOKINGS Any booking made shall be deemed to be an offer to purchase the relevant accommodation and/or travel arrangements subject to these Booking Conditions. No contract shall come into existence until we accept the Order and (a) issue a booking ID; and (b) issue a Confirmation by or fax. All our advertised travel arrangements are subject to availability. 6

7 You guarantee that the travel agent making the Booking on the RBS has the full and unequivocal authority to place the Order on us, and has the authority to accept (and does accept) these Booking Conditions on your behalf and on behalf of all Travellers. Any information that we give to your travel agent on your behalf shall be deemed to be given to you and each and every Traveller travelling pursuant to a Booking. Travellers must be at least 18 years of age or accompanied by an adult. In some states and countries Travellers must be 21 years of age to check into hotels. All Bookings are personal and may only be transferred or assigned with our prior written agreement. It is the Travellers responsibility to check to see whether or not the Australian Department of Foreign Affairs and Trade (DFAT) has issued travel advice, prohibitions, announcements or warnings about the destination. TravelCube strongly recommends that the Traveller considers any relevant advice from DFAT or his/her own Government s travel advisory service advice prior to making a Booking. Information from DFAT may be found at TravelCube has no responsibility to advise about these matters. Before making a Booking it is the Travellers responsibility to ensure that he or she and all those travelling with him/her have a valid passport and any necessary visa and that they have obtained any necessary vaccinations to gain entry to any country being visited. TravelCube will have no liability for a failure by the Traveller to obtain necessary travel documents and vaccinations Please notify TravelCube at the time of Booking if the Traveller is of limited mobility, or has any other disability or requires special assistance. If so notified TravelDube will ask its suppliers to accommodate the Traveller s needs. TravelCube cannot guarantee that its suppliers will be able to accommodate the Traveller s needs and is not in a position to require them to do so. TravelCube does not accept any liability for any failure by suppliers to satisfy the Travellers needs and will not be liable for any losses which may be incurred by the Traveller in the event that TravelCube or its suppliers are unable to accommodate the Traveller s requirements. Bookings for accommodation require at least one full name for each room. All details must be carefully checked before a Booking is made as incorrect or incomplete details may result in the Booking being cancelled and you/the Traveller may be charged a fee to cover any resulting administration costs incurred by TravelCube in having to amend or cancel any Bookings. Vouchers must be presented at the accommodation reception at the time of check in, or to the service provider, as evidence that the accommodation and/or services have been booked and paid for in advance. Failure to present the voucher may result in Travellers being charged again (at the full service providers published rates) or the service not being provided. 3. ACCOMMODATION INFORMATION For a description of room types please refer to the room details tab on the hotel information page on the RBS. There are certain room conditions that are unique in selected destinations as stated here. This list is not necessarily exhaustive. German Twin rooms (sometimes also known as German Double rooms) will consist of two separate single beds attached side by side and are more similar to a Double room; Triple room contains twin or double bed/s + extra bed, or two double beds. Most hotels do not have one full size bed for each guest in their triple rooms. In North America Double or Twin rooms may contain one bed. Customers may request separate beds when reserving however separate beds are not guaranteed. Triple and Quad rooms usually contain two double beds. For hotels in Australia, North America and Asia the child will normally use existing bedding. Rollaway beds may be available for an additional charge and will need to be requested at the time of booking. Interconnecting room can be requested at the time of booking but are not guaranteed. In all cases bedding configuration can be requested but is not guaranteed. From time to time we will offer promotions for free or discounted nights based on a minimum night stay. Occasionally, the offer may stipulate that meals are not included in the offer. If meals are taken during the offer period they will be charged to the Traveller by the hotel, usually on departure. Services included in the rates are detailed on the RBS and on the booking confirmation. Personal expenses such as but not limited to porter services, drinks from the mini bar, meals, tips, dry cleaning, laundry, telephone calls, resort fees and charges are not included in the prices and shall be paid directly at the accommodation or to suppliers by the Travellers. In addition, each Traveller is responsible for payment of any additional fees, charges or taxes levied locally including, without limitationg, any city taxes, resort fees and charges or the equivalent. Breakfast is not included for a child under 2 years of age when staying free of charge. Please note that cots are subject to availability and not guaranteed. In addition the following should be noted in relation to apartment/villa accommodation: 7

8 The Travellers are responsible for any damage caused by each Traveller within its party. Each Traveller must comply with any rules and regulations set by the accommodation provider for the relevant Booking. Each Traveller is responsible for payment of any charges made, in applicable properties, for use of facilities such as electricity, gas, water, telephone, linen and security, and for any other fees levied by the accommodation provider for the use of amenities. The total number of people (including infants and children) must not exceed the maximum occupancy shown on the RBS or on our Confirmation. If this is not complied with access to the accommodation may be refused or additional amounts charged on arrival. For certain accommodation it is a condition of staying at the accommodation that a deposit is paid by the Traveller on arrival, which will normally be applied on a credit card, in order to cover any supplementary charges incurred. 4. PRODUCT INFORMATION Product information posted on the RBS is based on information collected from accommodation providers and suppliers worldwide. Reasonable care has been taken that the content of our web site is correct but it is subject to amendment at any time without notice. All content on the RBS is published in good faith but you acknowledge that we, as booking agent, cannot check the accuracy of all information provided by our suppliers. The RBS may contain a plan of the layout of the accommodation. If so, this is based on specifications provided to us by the accommodation provider. The plan will only be a general representation of the accommodation. Actual unit size, design, fixtures, furnishings and facilities may vary from those shown on the plan. 5. STAR RATINGS/ GRADINGS HOTELS Hotels. Star ratings are used to symbolise the overall quality, level of service, food standard and range of facilities available in any given property. The criteria applied within each country will vary depending on the specific requirements established by the relevant issuing body where such a body exists. Descriptions of hotels on the RBS shall be referred to for information purposes only and are not a guarantee or warranty of any kind by us. Some countries do not use star ratings for official categorisation of accommodation. Apartments and villas. Gradings for apartments and villas are not equivalent to standard star ratings used for hotels. Where this information is available, apartments and villas are graded according to the general standard of the accommodation. The criteria applied within each country will vary and an official body does not always carry out this grading. Grading (where available) should be regarded as a general guide only. The gradings are for information purposes only and are not a guarantee or warranty of any kind by us. o Grade 1: acceptable overall level of quality. Adequate provision of furniture, furnishings and fittings. o Grade 2: good overall level of quality. Good overall standard of furnishings, service and guest care. o Grade 3: good to very good level of quality. Good standard of maintenance and decoration. Ample space and good quality furniture. o Grade 4: excellent overall level of quality. Very good care and attention to detail will be obvious throughout. o Grade 5: exceptional overall level of quality. High levels of décor, fixtures and fittings, together with excellent standards of management efficiency and guest services. Excellent range of accessories and personal touches. 6. CANCELLATIONS AND AMENDMENTS Amendments or modifications to and cancellation of Bookings may incur fees and charges. Such fees and charges vary depending on the supplier and the relevant and applicable cancellation periods including whether the Booking is made during a Special Events Period. Amendment and cancellation provisions are included in the conditions and/or special conditions link displayed against each property or the travel component s description in the search results or the booking basket on the RBS or as otherwise provided or brought to your attention. Cancellation charges will be applied in relation to the notice period between notification of cancellation and the date of stay at each place of accommodation or service date within a Booking. Traveller name changes, where notified to us and accepted by the accommodation provider, and reductions in child ages will not incur charges unless otherwise stated in the conditions or special conditions. All amendments are subject to availability. Cancellation and amendments notified directly to the accommodation or service provider will not be effective. Requests for cancellations and amendments must be made via your travel agent on the TravelCube web site. If the Traveller does not arrive at the accommodation on the date on which they are booked to arrive they will only be entitled to receive any refund due calculated from the time when TravelCube is notified. All such cancellations and amendments are subject to fees and charges which are either set out on the RBS or as otherwise notified by us. 8

9 7. IMPORTANT INFORMATION Transfers and Sightseeing Shared Transfers: When joining a transfer, the Traveller must produce a valid voucher. Without this voucher, the supplier will refuse to allow the Traveller to join the transfer or may charge the Traveller directly to join the transfer No refunds are possible in these circumstances For services beginning at airports, stations or ports, it is the Traveller s responsibility to check their voucher and follow the procedure set out in order to join their transfer. Transfers are provided on the basis of one average sized suitcase and one piece of hand luggage per person Should the Travellers bring more luggage than this, they may be liable to a supplement to be paid directly to the transfer provider or the transfer provider may refuse to allow the Traveller to join the transfer in which event no refunds are possible. Should the Traveller not be able to join their transfer at the start of a service, it is their responsibility to call the relevant telephone number as shown on the Extra Information sheet provided with the voucher before making alternative arrangements. For services beginning from accommodation, Travellers should ensure that they are waiting at the appointed meeting point, as shown on the voucher, at least 5 minutes prior to your confirmed pick up time. When advising details for the service Travellers wish to book, it is their responsibility to ensure that all details sent to us are correct. For services ending at airports, stations or ports, it is the Traveller s responsibility to ensure that enough time has been left to complete their transfer, leaving enough time to complete all check-in and customs procedures. The durations of all transfers are representative of the driving time in average driving conditions We take no responsibility for a flight, train or other connection being missed should the duration of the service exceed that which we display. Suppliers of shared transfers reserve the right to ask any person to withdraw from any transfer if they deem their acts or conduct offensive or a nuisance to other passengers and there shall be no further liability. Neither TravelCube nor its shared transfer Suppliers shall be responsible for articles forgotten or lost on vehicles. Pick up times from hotels and duration of all transfers are approximate and may be subject to traffic conditions. Where hotel pick-up is offered, suppliers will pick up from the majority of major hotels in the city, but not necessarily from all hotels. If the supplier is unable to pick Travellers up from your requested hotel, an alternative pick-up point will be suggested. Suppliers of shared transfers reserve the right to alter or to cancel services at short or no notice for any reason. Where the supplier cancels the services, Travellers will be offered a full refund. Tips are not included. These are at the Traveller s discretion. Porterage is not included. If the Traveller has booked a return service, the Traveller must always confirm their return travel on arrival to secure their place, as schedules may be subject to change without notice, or may be cancelled if travel coincides with a national holiday. Scheduled sightseeing tours: Tips are not included. These are at the discretion of the Traveller. Children travelling free may not be entitled to meals and for non-transport related tours/services must be carried on the lap of accompanying adults if no seats are available. Suppliers of sightseeing tours reserve the right to ask any person to withdraw from any tour if they deem their acts or conduct offensive or a nuisance to other customers and there shall be no further liability. Neither TravelCube nor its sightseeing tour Suppliers shall be responsible for articles forgotten or lost in the Supplier s vehicles or at their venue(s). Pick up services from accommodation are provided on some tours however Travellers are asked to reconfirm these services 24 hours before the service date directly with the supplier. Pick up times from accommodation and duration of all tours are approximate and are subject to traffic conditions. Where accommodation pick-up is offered, suppliers will pick up from the majority of major accommodation providers in the city, but not necessarily from all of them. 9

10 If the supplier is unable to pick up from the requested accommodation, an alternative pick-up point will be suggested. Suppliers of sightseeing tours reserve the right to alter itineraries or to cancel the tours at short or no notice for any reason. Where it is necessary to cancel the tour, Travellers will be offered one of the following options: o To join the requested tour at an alternative time or on an alternative date; or o To join an alternative tour; or o To receive a full refund from us for the cancelled tour. Please ensure you (and each Traveller) are at your departure point 15 minutes prior to the tour start time Private transfers and tailor-made sightseeing tours: Porterage and tips are not included. For services where Travellers have luggage with them, it is the Traveller s responsibility to ensure that a large enough vehicle is booked to accommodate all luggage. If Travellers bring extra luggage that cannot fit in the vehicle, the Traveller will need to cover any additional costs incurred in transferring their luggage. For services starting at airports, stations or ports, it is the Traveller s responsibility to ensure that he/she waits for his/her driver or representative at the appointed meeting point as detailed on the Traveller s voucher. Should the Traveller not be able to locate his/her driver or representative at the start of a service for which a Booking has been made, it is the Traveller s responsibility to call the relevant telephone number shown on the "Extra Information sheet" provided to the Traveller before making alternative arrangements. For services starting at accommodation, Travellers should ensure that they are waiting at the appointed meeting point, as shown on the Traveller s voucher, not less than 5 minutes prior to the confirmed pick up time. For transfer services where a local representative is included in the service, they will assist with check-in as necessary at the Travellers accommodation, airport, port or station. For transfers that include the services of a driver, the driver will not assist with check-in at the accommodation or at the airport, port or station unless specifically stated in the extended description. For transfer services where a local representative is available at the airport only, the local representative will escort the Traveller to their waiting driver who will carry out the rest of the service in the booked vehicle. The durations of all transfers are representative of the driving time in average driving conditions. We take no responsibility for a flight, train or other connection being missed should the duration of the service exceed that which we display. Tailor-made sightseeing with a driver and a local guide does not include any entrance fees. Local guides enter many attractions free of charge, but where Travellers require their Guide to accompany them into an attraction, they may be asked to cover the guide s entrance fee as well as their own. Where available, tailor-made sightseeing may be conducted with a driver providing the commentary whilst driving. Travellers should note that although drivers are able to give a commentary while driving, they may not be able to park the vehicle and accompany Travellers inside specific attractions and they may not be permitted to conduct tours on foot, due to guiding regulations. This option is therefore best suited to Travellers looking for a panoramic city tour. Tailor-made sightseeing should be conducted within city limits. For tailor-made sightseeing services Travellers can expect their local guide to have a good overall knowledge of the city sights but if they require exceptionally in-depth commentary on a particular attraction, this may not be possible. 8. COMPLAINTS Any complaint regarding the supply of a service should be brought to the attention of the accommodation or service provider as early as possible during the Traveller s stay and by calling the emergency number listed on the first page of the travel voucher. However, if not resolved to your satisfaction it should be notified to us in writing by within 1 month of the date of service. Any complaint received after 1 month of the date of service will not be investigated. 9. LIABILITY Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose guarantees or obligations on us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. This clause 9 must be read subject to these statutory provisions. 10

11 Although we take reasonable care to ensure that published descriptions are correct we do not own or operate hotels or other accommodation or travel services. We accept no liability for errors or omissions in the description of accommodation or other travel services on the web site. We reserve the right to change your accommodation booking to one of at least comparable standard and to notify you of such change as soon as possible after it occurs. No compensation is payable for such changes. In extreme circumstances we may be forced to cancel your booking in which case you will be notified of such change as soon as possible and a full and prompt refund will be made. To the extent permitted by law, we are not liable for personal injury, illness, property damage or any other loss (direct or indirect) or expense arising out of actions of hotels, transportation companies or other suppliers providing services reserved through us, unless such loss or expense is due to our negligence or default. In no circumstances shall we be liable for any consequential and indirect loss or damage. Our liability in respect of any Booking shall be limited to the total amount paid by you to us for such Booking. We endeavour to ensure that any discount vouchers are redeemable, however we allow our supplier partners to change the terms of such vouchers or withdraw them without notice at any time. This rarely happens and whilst the discount should be available it cannot be guaranteed. We shall not be liable for any failure or delay in performance of our obligations, which results directly or indirectly from any cause or circumstance, which is beyond our reasonable control. Without limiting the generality of the foregoing, the following shall be regarded as such circumstances: act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal or revocation of any licence or consent), fire, flood, epidemic, lightning, explosion, fog or bad weather, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations undertaken by the accommodation providers, strikes, lockouts or boycotts, embargo, blockade. 10. RECREATIONAL SERVICES TravelCube is a booking agent for some companies that supply recreational services and recreational activities (as defined in the relevant Commonwealth, State or Territory legislation). Recreational services and activities may involve risks. Prior to undertaking any such recreational activity or service a Traveller should ensure that he/she is aware of all of the risks involved, including those risks associated with any health condition which he/she may have. By accepting these Booking Conditions, you (on your behalf and on behalf of each Traveller) acknowledge and agree that you (and each Traveller) engages or participates in the recreational services or activities at your (or their) own risk. To the extent permitted by law, the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law is excluded and all liability of TravelCube for any death or Personal Injury that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services (as defined in the relevant Commonwealth, State or Territory legislation) is excluded. To the extent permitted by law, you agree to indemnify TravelCube and all its servants, agent's clients and employees against any loss, damages, costs and expenses suffered or incurred as a result of any injury, damage or accident that may be sustained by you (or a person for whom or on whose behalf you are acquiring the services), whilst participating in any recreational services or recreational activities booked through us or the entities or groups who offer various services to TravelCube. 11. PRIVACY Travelcube Pacific Pty Ltd is collecting your personal information in order to process your booking. We may disclose it to other organisations in order to facilitate and process the booking. We may also disclose your personal information to enforcement agencies or as otherwise required by law. Some of the organisations to which we disclose your information may be located overseas, including in countries to which your booking relates, and the United Kingdom, Switzerland and Hong Kong. If you wish to find out more details, including how to access and correct your information, or details about Travelcube s complaint handling processes please see our privacy policy which is located on the RBS. 12. GENERAL We reserve the right to change these conditions from time to time. If any of these conditions shall be illegal or unenforceable such term shall not form part of the conditions but the validity and enforceability of the other conditions shall not be affected. The laws of New South Wales, Australia shall apply to these conditions and shall be subject to the exclusive jurisdiction of the courts of NSW, Australia. 11