Terms & Conditions
AS AT 1st JANUARY, 2021
“ATOUR TRAVEL SERVICE” & “ACRUISING INTERNATIONAL” are trading names for TIP TOP TRAVEL SERVICE PTY. LTD., ABN 90 073 047 131 incorporated in the State of New South Wales. Hereinafter “Atour Travel Service”, “we”, “our” and “us” refers to all above entities.
“You” and ‘Your” refers to yourself and all participants in the travel arrangements.
Please read these Terms & Conditions (“T & C’s”) carefully. You must not make a booking unless You understand and agree with these Terms & Conditions.
By paying a deposit You explicitly express Your acceptance Your acceptance of these Terms & Conditions for yourself and any other travellers on the booking file.
Atour Travel Service acts as a travel agent only. As consultants we coordinate, establish and administer legally binding arrangements between You and the various Travel Providers. We sell various travel related products on behalf of Third Party Travel Providers for a number of transports, accommodation and other wholesale service providers, such as airlines, coach, rail and cruise line operators. Atour Travel Service’s obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and the Third Party Travel Providers. We have no responsibility for these services, nor do we make or give any warranty or representation regarding their standard.
The Travel Advisors at Atour Travel Service recommend product for holidays that we have researched extensively, or personally experienced or received positive feedback from happy customers. The service that we provide is the consultation with You and the Third Party Provider of the holiday itinerary. Our professionalism and reputation gives us the ability to attract enthusiastic and passionate advisors with many years of travel experience. We go above and beyond to ensure your holiday is one that will be always remembered.
All bookings are made subject to the Terms and Conditions and limitations of liability imposed by these Third Party Travel Providers. By acquiring Booking and Advisory Services from us, You agree that you have read and understood both these Terms and Conditions, and the Terms and Conditions of the Third Party Travel Provider relating to the Travel Product. Your legal recourse is against the Third Party Travel Provider and not Atour Travel Service. If for any reason, any Third Party Travel Provider is unable to provide the services for which you have contracted your remedy lies against the Provider and not with Atour Travel Service and our Professional Fees are non-refundable.
Please ensure you and your travelling companions are aware of booking conditions, which apply to your travel arrangements. It is important that you understand the booking conditions, which cover cancellation or amendments to your plans, either prior to departure or during your trip. Detailed information is contained in the brochures or online at applicable websites. Please contact us for clarification of any aspect of your booking conditions. If you are making bookings on behalf of a couple or a group, we will be happy to provide you with more than one copy of this confirmation if requested.
LIABILITY:
We are liable to you for providing our service in accordance with these Terms & Conditions. Our 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 ans will be provided with a reasonable time.
We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of Third Party Travel Providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. We do not accept any liability in contract, tort or otherwise for the injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control which is not preventable by reasonable diligence on our part.
You do not havel any rights under the Australian Consumer Law if the Travel Provider’s Head office is registered in another Country and is not based in Australia.
DISCLOSURE OF REMUNERATION & SCHEDULE OF SERVICE FEES:
Atour Travel Service may receive fees, gifts, commission or financial incentives from the Third Party Providers under this contract. These fees are non-refundable and in addition to any Third Party fees.
| Fee Type | Charges & Notes |
|---|---|
| Service Fees |
$ 66.00 Domestic/Trans-Tasman airfare per person $120.00 International airfare per person $ 66.00 Domestic Frequent Flyer bookings per person $120.00 International Frequent Flyer bookings per person $ 50.00 Domestic/Trans-Tasman package, tour or cruise per booking $100.00 International package, tour or cruise per booking $ 50.00 pVisa/Consular, Courier fees in addition to the Visa cost. $110.00 Itinerary planning fee per booking (credited towards reservation once booked) |
| Reservation Deposit | For all bookings a payment of a deposit of 10%, or higher dependant on the Service Provider requirements at time of booking. This deposit is non-refundable. The balance of your booking fee is due by the date specified as mentioned on the Confirmation Letter, generally 90-120 days prior to departure date. |
| Amendment Fees |
Changes to Domestic/Trans-Tasman bookings will incur a fee of $55.00 per passenger, per booking in addition to Provider and credit card fees and is subject to availability and/or any fare increases. Changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $120.00 per passenger, per booking in addition to Provider and credit card fees and is subject to availability and/or any fare increases |
| Cancellation Fees |
Cancellations to Domestic/Trans-Tasman bookings will incur a fee of 10% per person in addition to Provider and credit card fees. Cancellations to International bookings (excluding Trans-Tasman bookings) will incur a fee of 10% per booking in addition to Provider and credit card fees. |
| Credit Card Merchant Fees | Visa, Mastercard & American Express - an additional 1.5% applies |
| Debit Card Fees | Visa and Mastercard (fee free) |
(All fees include GST, where applicable).
If a booking is cancelled or suspended for any reason by the Third Party Provider, Atour Travel Service charge a recovery fee of $100.00 per person. Any refunds for cancelled bookings will be refund back to You once the Third Party Travel Provider refunds the funds to Atour Travel Service and we are not responsible for the length of this process by the Provider which can take up to 16-20 weeks.
PRICES & METHODS OF PAYMENT:
We will always endeavour to get the best price of the day for Your travel arrangements. However, many Providers use “Dynamic Pricing” for their products which means that the prices can vary widely on a daily basis between Your booking date and Your travel date.
All our prices are quoted in Australian Dollars (AU$).
If prices are quoted in a foreign currency, Your final price will be subject to the prevailing exchange rate of the day. Prices may fluctuate depending on exchange rates.
All prices quoted are correct at the time of issue. Deposits are held against reservations and are not a price guarantee. By paying the deposit you agree to the terms and conditions as specified within and that it will be used to fulfil the administrative and organisational aspects of your trip or event and is therefore non-refundable. Further taxes or surcharges may be imposed even after final payment has been made. In the instance that price changes do occur for any reason, the customer is required to pay the cost applicable at the time of travel.
Payment for your holiday can be made by:
- Cash,
- Cheque
- Visa, Mastercard or American Express (Plus the credit card Merchant fee)
- Direct deposit in our St. George Bank: BSB – 332-051 ACCOUNT NO. – 551 400 836
Atour Travel Service will hold your funds in a dedicated Client Account until dispersed to the Third Party Providers as payment for your holiday. We handle these financial transactions on your behalf.
TRAVEL INSURANCE & TRAVELERS HEALTH ADVICE:
Your holiday safety and enjoyment is important to us and we support the Australian Government’s recommendation that all people travelling take out travel insurance. If you have any pre-existing medical conditions (as defined in the PDS) then cover for this may need approval by the insurer. If you need cover for a pre-existing medical condition that requires approval by the insurer we can assist with your online medical screening. Before deciding to purchase any of the travel insurance policies we offer you should read the Product Disclosure Statement (PDS) and policy wording. If you have taken out another Travel Insurance Policy or you believe you have adequate cover from a credit card policy we will require details of the insurance cover that you hold. If you decline the offer to purchase travel insurance you will be requested to sign an Indemnity Form before travel documents will be released. Please note -If you have not purchased your travel insurance through Atour Travel Service and need to claim on your policy, a service fee of $200 is payable to us. We will then forward relevant documentation to you or your insurance company to assist with the claim.
You must ensure that you are medically and physically fit for travel. Before you confirm your booking, you must advise us of any medical, physical, dietary or mobility conditions that you may have that may require medical attention, medication, or special treatment during your journey. Atour Travel Service on behalf of some other Tour or Cruise operators may also ask you to complete a health questionnaire. If a guest has a condition that may significantly affect the enjoyment, health or safety of themselves or any other person on the trip the Tour or Cruise operator can refuse or cancel the booking.
Some areas of the world have special Vaccination and health requirements. We recommend that you contact your nearest Travellers Medical Centre who are specialists in this field. Your local doctor may not have access to the most recent World Health Organisation notices. If you are unable to undertake travel because you do not meet the health requirements we will not be liable for any extra costs that may be incurred.
For general travel advice as well as specific advice (including safety alert levels) relating to the destination You wish to visit contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au You can also register Your travel plans with DFAT on their website, www.dfat.gov.au so that you can be more easily contacted in an emergency.
PASSPORTS & VISA REQUIREMENTS:
Please refer to http://dfat.gov.au/ for Australian passports to receive the latest and complete information, for other citizens please contact your relevant Embassy or consulate. Passports are required for all international travel. Most passports must have a minimum of 6 months validity from the date of scheduled return to Australia and entry into some countries including the USA must be a “Machine readable passport”.
You are required to comply with all laws and regulations relating to travel, and contact the Australian Department of Foreign Affairs & Trade for a renewal passport (www.dfat.gov.au). Travel documents and airline tickets must exactly match the name and spelling as appears in the passport. Additionally, for security reasons some airlines may require all details as they appear in the passport prior to ticketing. Please ensure that you advise your consultant of the correct details at the time of booking. We will need to sight your Passport before any documents can be released and we will not be liable for any incorrect information given to us nor for any reissue fees imposed by Third Party Travel Providers should re issue of documentation be required. If travelling on any passport other than Australian you must inform us immediately as it may be necessary to obtain a re-entry visa into Australia or visa for other counties, and if you have a previous criminal record, you could be denied entry into your country of destination. Whilst we offer full assistance it is the responsibility of each traveller to ensure that they have full and correct documentation to undertake their journey, and we do not accept any liability whatsoever.
Visa requirements vary for each destination country, and it is the obligation of the traveller to ensure that all visa requirements are satisfied. The issuance of visa is not the responsibility of us and we cannot be held responsible should you be unable to obtain the correct visa to undertake your journey.
GUARANTEED DEPARTURES FOR TOURS & SPECIAL REQUESTS:
See the Third Party Travel Provider’s brochure or website for guaranteed dates for your tour. Where your date is guaranteed, this guarantee does not apply in any situation where the safety of clients is at potential risk (any act of terrorism or war, political unrest or global health warning etc), or when the operation of a vacation is not possible for reasons beyond the control of the Third Party Travel Provider (such as industrial actions/strikes and operational restrictions) or late cancellation of group parties. Please be aware that any travel arrangements associated with your holiday may be non-refundable/changeable and may incur penalties and service fees to change.
We reserve the right to cancel any booking in the event we have reasonable grounds to believe it is fraudulent.
No Show – If you have a booking for any travel product (including flights and accommodation) but you do not show up to check-in or otherwise do not avail yourself of such, the travel product, you will not be entitled to a refund.
If you have any special requests i.e dietary, airport assistance or hotel room type every attempt will be made by us to accommodate your request, but as we are not the Third Party Travel Provider we are not in a position to be able to guarantee the request.
FREQUENT FLYER PROGRAMS:
Most airlines are affiliated with a frequent flyer program. Please advise your membership number/s when you make your reservation or enquire about joining a suitable program. We recommend that you retain all your travel documents including boarding passes until you have been awarded all your due points as it may not be possible to obtain copies of these at a later date and you may need them to confirm your travel and claim any outstanding points. Please note frequent flyer points are not always available on certain fares with some airlines.
We endeavour to pass Your credentials on to the Provider, but we are not responsible for inability to claim points.
PRIVACY & DIRECT MAIL:
We respect Your privacy to the full extent of the law. While we collect personal data (including health information when necessary) for the purpose of processing Your reservation with the Third Party Travel Providers such as airlines, accommodations, cruising companies, etc. We will not pass on any information about you to anyone but the Providers unless required to do so by law.
We will also use your personal information to personalise the service we provide you, including your experience on our, and other, websites, and to provide you with information about our, and our partners’, business, products and services. Your personal information may be shared between entities and disclosed to suppliers, Providers, and to others where authorised or required by law. Some of these entities may be located overseas.
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 Atour Travel Service sending you marketing material, including via electronic messages relating to our and our partners’ products and services that may be of interest to you. You may withdraw from our mailing list at any time.
I consent to Atour Travel Service and its associated entities sending me marketing material, including via electronic messages, relating to their and their partners’ products and services that may be of interest to me.
FORCE MAJEURE:
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.
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, but you are bound by the Providers Terms & Conditions.
The Booking & Service Advisory fee, credit card fees or any commissions received are non-refundable in the circumstance that a force majeure event occurs.
JURISDICTION & 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 New South Wales, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of New South Wales, Australia.