These terms and conditions (Terms) set out the terms under which you or the company which you represent (the Client, you or yours) make travel bookings with and receive other services from Single Parent Journeys ABN 82 646 012 880 (SPJ, we, us or our). These Terms apply to bookings your make with us on the phone, via email or on our website located at www.singleparentjourneys.com.
You will be taken to have to have accepted these Terms if you sign these terms and conditions or otherwise indicate your assent, or if you make a booking with SPJ after receiving or becoming aware of these terms.
These terms were last updated on 22 October 2019.
1. BOOKING FORM
These terms will apply to all the Client’s dealings with SPJ, including being incorporated in all agreements, quotations or orders under which SPJ is to provide services to the Client (each a Booking Form) together with any additional terms included in such Booking Form (provided such additional terms are recorded in writing).
In the event of any inconsistency between these terms and conditions and any Booking Form the clauses of these terms and conditions will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms set out and described as such in a Booking Form) will prevail over the other terms of this agreement to the extent of any inconsistency.
(a) By making a booking you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
(b) If you are making a booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.
3. AGENCY AND THIRD-PARTY TERMS
(a) Single Parent Journeys sell various travel related products as agent for and on behalf of third-party transport, accommodation and other service providers (Travel Service Providers). The Travel Service Providers include but are not limited to airlines, bus, rail and cruise line companies and hotels.
(b) The services we provide to you are collateral to our agency relationship with the Travel Service Providers. Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange relevant contracts between you and the Travel Service Providers.
(c) You acknowledge that Travel Service Providers may change or withdraw their prices without notice prior to you purchasing the relevant goods and/or services from them.
(d) You acknowledge and agree that we do not provide travel services ourselves and that the terms and conditions of the Travel Service Providers (including cancellation and no-refund policies) will apply to all bookings you make through us.
(e) Where you are entitled to a refund from a Travel Service Provider, we will not credit the refund back to you, until we have received it from the relevant Travel Service Provider, which may take in excess of eight weeks.
(f) We will not be liable for any loss or damage suffered by you in connection with the Transport Service Provider terms, including where any information provided by the Travel Service Providers is incomplete or inaccurate. If, for any reason (excluding fault on our part), any Transport Service Provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
(g) You acknowledge and agree that if you wish to cancel a booking, then in addition to our change or cancellation fees, as set out in clause 8, Transport Service Provider change and cancellation fees, which can be up to 100% of the cost of the booking, will also apply. If we have to cover any of your Transport Service Provider change and cancellation fees, you agree to indemnify us for the amounts of those fees.
(h) We will provide you with PDF copies or URL links to the relevant Travel Service Providers terms and conditions at the time of booking.
4. SPJ GROUP TOURS
The following conditions will apply when you book an SPJ Group Tour, designated as such in your Booking Form (Tour), through us:
(a) A Tour may only be booked for a minimum of one adult (Lead Client) and one child. Additional children and/or adults may be added to the Lead Client’s booking.
(b) You must pay a deposit of 25% of the cost of the Tour upon booking. Your booking will only be guaranteed once we confirm it in writing.
(c) The minimum number of people booking a Tour required for the Tour to proceed is 10 (Minimum Numbers). A Tour will only become confirmed once the Minimum Numbers have been met.
(d) Deposits relating to Tours are non-refundable, unless the Minimum Numbers have not been met.
(e) Full payment for a Tour is required 60 days from the Tour departure date.
5. FEES, PAYMENTS AND TAXES
5.1 FEES AND CONSEQUENCES OF LATE PAYMENT
(a) You must pay to SPJ fees in the amounts and at the times set out in the Booking Form. (b) You acknowledge and agree that unless you comply with clause 5.1(a) above, you may lose your booking, including any deposits already paid, and/or your booking may be subject to price increases and additional costs.
5.2 DEPOSITS AND BOOKINGS
(a) If you are making a booking on our Website, you must pay for all the services listed in a Booking Form upfront.
(b) Otherwise, you must pay the deposit specified in the Booking Form. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Client has under the Australian Consumer Law).
(c) You acknowledge and agree that:
(i) all bookings are not confirmed, until we have explicitly sent you a written confirmation and until you have made the payments specified in your Booking Form; and
(ii) you may be required to pay for bookings designated as “late bookings” in your Booking Form 120 days prior to departure in full prior to us being able to confirm such a booking.
Unless otherwise agreed:
(a) if SPJ issues an invoice to you, payment must be made by the time(s) specified on such invoice; and
(b) in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
5.4 PAYMENT METHOD
You can pay the fees via a credit card, direct debit, Electronic Funds Transfer or PayPal.
5.5 CARD SURCHARGES
We reserve the right to charge credit card surcharges of 2% of the Fees in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
5.6 ONLINE PAYMENT PARTNER
We may use a third-party payment provider, currently Square, (Payment Provider) to collect Credit Card payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Any payments you make via our Payment Provider will incur a surcharge of 2.2% of the Fees.
Unless otherwise indicated, amounts stated in a Booking Form are inclusive of all taxes, included GST.
5.8 OTHER TAXES
(a) Local travel and airport taxes and charges may apply in various overseas countries.
(b) Unless specifically included in a Booking Form, these taxes are not included as part of the Fees.
(c) Taxes and duties can change without notice to you and may need to be paid in local currency at the time of departure or arrival.
5.9 FREQUENT FLYER POINTS
It is your responsibility to check with the relevant Transport Service Provider on whether your booking with SPJ qualifies you for any points under any frequent flyer programs. We cannot guarantee that the Transport Service Provider will credit you with points for your booking. Please retain all boarding passes to allow verification of your travel, if required.
6. CLIENT OBLIGATIONS
6.1 TRAVEL INFORMATION
(a) Prior to making a booking with us, we strongly encourage you to contact the Department of Foreign Affairs and Trade (DFAT) or visit their website to obtain information and advice about the destination you intend to travel to and make an assessment of the suitability of such a destination.
(b) If you have booked a flight with us, we recommend that you contact the relevant airline company 24 hours prior to your schedule departure time to confirm that your flight details have not changed since the time of booking.
(c) You must tell us on or prior to booking, if you have any special travel requirements, such as dietary preferences or seating requests.
6.2 PASSPORT AND VISA
(a) You must have a valid passport, and if applicable, a valid visa, or other travel permit, for international travel.
(b) You acknowledge and agree that:
(i) it is solely your responsibility to ensure that you have a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to;
(ii) you will advise us at the time of booking, if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to;
(iii) any information we provide to you regarding passport and/or visa requirements are of general nature only and should not be relied upon you as professional advice; and
(iv) SPJ will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.
(a) You acknowledge that travel insurance is a mandatory element of some travel arrangements.
(b) It is solely your responsibility to obtain any insurance that will cover your travels.
(c) We strongly encourage you to take out adequate travel insurance to cover you for any cancellations, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability.
(d) We may provide you with travel insurance quotes from third party insurance providers (Insurance Companies). In such cases:
(i) we will receive financial and non-financial benefits from the Insurance Companies, if you purchase their products through us;
(ii) any information we provide about the Insurance Companies’ products is of general nature only and should not be relied on you as personal insurance advice or other professional advice;
(iii) we will not be a party to any contract between you and an Insurance Company and your remedies in relation to any insurance products you purchase from an Insurance Company, will be against the Insurance Company and not us; and
(iv) you must read any applicable Product Disclosure Statements and Financial Service Guides provided by the Insurance Companies in relation to their products prior to purchasing such products.
(e) If you do not obtain insurance through us and you request assistance from us in relation to such insurance, additional fees will apply.
(a) You acknowledge and agree that:
(i) it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination;
(ii) you might be denied entry to some countries if you do not present certain health-related documentation (such as proof of vaccinations).
(b) Prior to booking travel to an overseas destination, we strongly encourage you to consult the DFAT’s website for health-related information and see your general practitioner for any required vaccinations and other recommended health treatments.
6.5 TRAVEL DOCUMENTS
(a) Travel documents are issued by Travel Service Providers to confirm your travel arrangements with them and entitle you to the service they contracted to provide to you. Such documents include but are not limited to the following: airline, coach or ship tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) (Travel Documents).
(b) Travel Documents are subject to the Travel Service Providers terms and conditions, such as change or cancellation fees and non-refund policies. It is your responsibility to check the terms and conditions applicable to your Travel Documents.
(c) You acknowledge and agree that:
(i) Travel Documents must be issued in the name of the passport or other identity documentation holder;
(ii) Travel Documents cannot be transferred to another person for use;
(iii) you must provide correct name and other Travel Document information (as requested by us or a Transport Service Provider) at the time of booking, as otherwise you may be unable to use your Travel Document or your booking might be cancelled;
(iv) you must review your Travel Documents upon receipt and notify us immediately, if you discover any errors in the destinations, names, dates or timing; and
(v) if you have made a booking:
A. via our Website, you must print out the Travel Documents in electronic form and retain them until you arrive at your destination;
B. via expedia.com or any other agent we direct you to, Travel Documents will be provided by that travel agent and it will be your responsibility to print them; and
C. for an SPJ Group Tour online, we will send you the Travel Documents via email 30 days prior to tour start date.
(a) The price of a service is that stated on the Website or quoted to you by one of our consultants at the time of booking.
(b) You acknowledge and agree that:
(i) the prices are set by Travel Service Providers and subject to availability, and changes based on factors such as currency fluctuations, fuel price variations, tax and airfare increases;
(ii) we may vary or withdraw a price at any time without prior notice to you;
(iii) prices quoted are based on the information which you submit to us, and we may vary the prices, if that information is incorrect; and
(iv) the price we quote to you is only guaranteed once you pay for a booking in full and we confirm your booking and the price in writing.
(c) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
8. CHANGES AND CANCELLATION FEES CHARGED BY SPJ
(a) If you made a booking directly with SPJ, you must request any changes or cancellations directly with us. Where SPJ redirected you to http://www.expedia.com.au (Expedia) and you made a booking through Expedia, all changes and cancellation must be made directly with Expedia, subject to Expedia’s terms and conditions.
(b) You must pay SPJ additional fees for changes to bookings requested by you in the relevant Booking Form, including but not limited to changes of names, dates or destinations (Changes) or for cancellations of any services in a Booking Form (Cancellations).
(c) Changes and Cancellations will be charged on a time and materials basis, at SPJ’s standard rates available on our Website and will vary for domestic and international bookings.
(d) Travel Service Providers may impose additional fees in relation to any Changes or Cancellations.
Where booking was made directly through SPJ and are entitled to a refund from the Travel Service Provider. we will assist you in the recovery process of your refund. We will not credit the refund back to you, until we have received it from the relevant Travel Service Provider, which may take in excess of eight weeks. We reserve the right to deduct any fees due to us from the relevant refund prior to crediting it back to you. We will credit any amount due to you as a refund back to your original method of payment
To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement or a Booking Form are excluded.
Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, SPJ’s liability for breach of that non-excludable condition, warranty or guarantee will, at SPJ’s option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, SPJ’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with this agreement or a Booking Form:
(a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
(b) is limited, insofar as concerns other liability, to the total money paid to SPJ under this agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).
The Client indemnifies SPJ from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) any breach of this agreement by the Client; or
(b) any negligent, fraudulent or criminal act or omission of the Client or its personnel.
14. DISPUTE RESOLUTION
(a) The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.
(b) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines).
(c) The terms of the Guidelines are hereby deemed incorporated into this agreement
15.1 GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
This agreement may only be amended by a document signed by each party.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
15.6 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.