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Terms & Conditions

BOOKING INFORMATION Please read the following Booking Information and Terms and Conditions carefully. You must not make any booking unless you are 18 years of age or older and understand and agree with the following terms and conditions.

These terms and conditions apply to bookings you make with a Consultant (in-store, over the phone or by email) as well as online bookings made via our website. These terms and conditions govern our relationship with you. Once we accept a booking from you on behalf of a Supplier, you will also have a separate contract with the Supplier, which will be governed by other terms and conditions. It is your responsibility to make yourself aware of those other terms and conditions.

CUSTOMER INFORMATION Our responsibility is solely to arrange a booking of a Product in accordance with your instructions. It is your responsibility to make yourself aware of all information that it is necessary or desirable to know in order to make optimum use of the Product and to undertake travel generally. We strongly recommend that you click on the link below and read the information that may be relevant, especially in relation to passport and visa requirements. Please note that this information is provided as a guide only, and although it is accurate to the best of our knowledge, we do not warrant that it is completely up-to-date at all times. Further, we do not warrant that is comprehensive and it may not address a topic that is relevant to your travel plans. It is your responsibility to further investigate and confirm any matters that are applicable to you.

PRODUCTS All Products that we quote on are subject to availability and may be withdrawn or varied by the Supplier without notice.

  • IMPORTANT INFORMATION
  • Booking Your Own Flights: If you are booking your own flights, please do not book them until you have been notified by Australian Tours and Cruises that your places have been confirmed. If you are booking a land tour, please also wait until we notify you that your departure date has been set to a ‘definite/guaranteed departure’ by the Supplier.
  • Flight Delays: Flight delays are common. Please allow sufficient time for flight delays prior to your travel departure. If your flight is delayed for any reason, the airlines are not required by law to pay for any expenses you may incur, such as meals, hotels, taxis and phone calls.
  • Check Your Itinerary & Travel Documents: As soon as you receive your itinerary & travel documents, check through them thoroughly to make sure they are correct as to names, dates & times.
  • Reconfirmation: Schedule changes by the Suppliers are possible. We urge you to re-check exact flight times prior to departure and prior to your return. Follow any instructions provided about confirming travel arrangements.
  • Final Payment: For all tours & cruises, you must have made full payment before the Suppliers will release the tickets or travel documents.

SPECIAL REQUIREMENTS You must inform your Consultant regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access prior to making a booking. If you do not specifically inform us, we will assume that you do not have any such requirements, and the booking will be made on that basis.

DEPOSITS AND PAYMENTS You will be required to pay a deposit (or deposits) when booking. The deposit amount varies depending on the Product booked and lead time to travel. In some instances, full payment is required at the time of booking and your Consultant will advise the deposit amount at the time of booking. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law). Where a deposit has been collected, final payment is required by the due date. Failure to make payment by the due date may result in your booking being cancelled and deposits forfeited.

Payments made by direct deposit may take up to three business days to process. If you are paying by this method, you will need to make the payment at least three business days prior to the actual due date. You must notify your Consultant of your payment once it has been made.

TRAVEL DOCUMENTS If you have booked with a Consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule, your travel documents will be available approximately two to six weeks prior to travel, depending on the Supplier, prior to departure. Please contact your Consultant to confirm when your travel documents are ready for collection. If you have booked online, you should print out and retain your travel documents as provided to you by the website (or in a confirmation email we send you). You must review your travel documents carefully and advise us immediately of any errors in names, dates or timings.

TRAVEL INSURANCE PROTECTION Australian Tours and Cruises strongly recommends that you purchase Travel Insurance. With some Suppliers it is compulsory to have travel insurance organised before travel documents are issued. In the event of a cancellation by you, deposits are non-refundable, please ensure the travel insurance you select provides cover for the deposit paid for your travel plans. Travel Insurance is not included in your standard travel package.

PRICES AND TAXES All prices that we quote are in Australian Dollars and based on twin share accommodation unless otherwise stated. Please note that prices quoted are subject to change at the discretion of the Supplier prior to booking. Price changes may occur after booking because of matters outside our control which increase the cost of the Product. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your Consultant for up-to-date prices. Even if paid in full, a price may change because of matters outside our control.

Prices may include applicable taxes. Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports. Cruise bookings may be subject to port taxes and other fees which are also subject to change.

FEES AND SURCHARGES A variety of fees and surcharges may be payable to us, including booking or reservation fees, cancellation and amendment fees, credit card merchant fees, insurance claim processing fees or fees for ad-hoc services performed as required. Please ask us for a schedule of our current service fees and charges.

Payment by credit card will incur a surcharge to offset our cost of acceptance of payment by credit card. The surcharge varies depending on Credit Card Type, it is your responsibility to advise the correct Credit Card type to ensure that the appropriate surcharge is applied. Australian Tours and Cruises accepts no responsibility for an inappropriate surcharge being applied if the correct Card type has not been advised, and the surcharge applied shall not be refundable.

You authorise us to charge all monies payable by you in relation to any booking we make on your behalf or other services we have procured or provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

CHANGE AND CANCELLATION FEES Changes and cancellations of confirmed bookings may incur fees from Suppliers in addition to our service fees. Suppliers’ fees are outlined in their relevant terms and conditions.  All refunds are subject to these booking terms and conditions, and the terms and conditions of each Supplier. All amendments or cancellations of any bookings must be in writing and refunds (if applicable) will be processed within 14 days of cancellation, subject to refunds by third parties. 

SUPPLIER TERMS AND CONDITIONS

FREQUENT FLYER AND LOYALTY PROGRAMS When booking with one of our Consultants, it is your responsibility to let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Notwithstanding that your details may be included in the booking, we cannot guarantee that the Supplier will credit you with points for your booking.

SUMMARY OF OBLIGATIONS Before making a booking, it is important that you meet the following requirements:

  • You are over the age of eighteen (18) and have sufficient funds to pay for the travel services.
  • You have read our terms and conditions and if booking for third parties warrant that you have their authority to do so and have conveyed these terms and conditions to them. You agree to indemnify us and the Supplier against any claims from third parties who have not in fact been properly informed.
  • You have read the terms and conditions of any applicable Suppliers and agree to be bound by those.
  • You are responsible for checking the accuracy of all documents provided to you. You are responsible for contacting the airline at least 72 hours prior to travel to reconfirm your booking.
  • You warrant and acknowledge that you have accessed the Smarttraveller website for any specific information in relation to your intended destination.
  • You accept that Passport / Visa and other required identification documents are your responsibility.

BOOKING TERMS AND CONDITIONS

  1. YOUR AGREEMENT WITH US These terms and conditions (Terms and Conditions) form part of the Agreement by which You book Your travel through Us. You are bound by these Terms and Conditions, so it is important that you read them carefully.This Agreement does not create a relationship of employment, joint venture, agency or partnership between us. By confirming Your Booking and making a payment, including a deposit, You are warranting to Us that You are 18 years old or over and that You have the authority to bind to this Agreement, all persons travelling under this Booking. Deposits are non-refundable. All monies paid by You to Us will be Our property and is not held by Us on trust for You.  Upon payment, We will have a debt due and payable by Us to the Supplier in relation to the component of the Booking that relates to the products and services offered by them to You.
  2. OUR SERVICES TO YOU We will provide you with the Services.within a reasonable time;with due care and skill;in a manner that is reasonably fit for the purpose made known to Us by You; and in a manner that can reasonably be expected to achieve the desired result made known to Us by You.We may subcontract or appoint another person or entity to perform any obligations or the Services under this Agreement without Your prior consent, subject always to clause 9(f)(ii).Except as expressly provided for in the Booking Form, Our Services do not include, and we hereby expressly exclude services relating to:Insurance;Travel documentation such as passports, visas and health documentation (e.g. vaccination evidence); and Travel advice relating to the safety of, and Department of Foreign Affairs warnings concerning, the various destinations You wish to visit. The Suppliers are solely responsible for the information, products and services offered by them to You. We therefore do not represent or warrant the accuracy of that information. Any information provided by Us to You regarding a Supplier’s product and service is not a representation by Us. We are merely passing on the information for what it is worth. All information, including Your itinerary, is subject to change without notice.  As such, and subject to clause 9(f)(i), we do not guarantee that Your itinerary, including Your mode of travel or destinations, will not change.We act as an agent for, and sell various travel related products and services as agent on behalf of Suppliers.  Any product or services We provide to You are collateral to that agency relationship.  By these Terms and Conditions, You expressly authorise us to make travel bookings on Your behalf and to arrange relevant contracts between You and Suppliers.  We are not a provider of travel products and services and have no control over, or liability for, the services provided by Suppliers. All Bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by those Suppliers. We can provide You with copies of the relevant Suppliers’ terms and conditions on request.  Your legal rights in connection with the provision of the Suppliers’ products and services are against the specific Supplier and, except to the extent a problem is caused by fault on Our part, are not against Us.   Specifically, if for any reason (excluding fault on Our part) any Supplier is unable to provide their product or services for which You have contracted, Your rights are against that provider and not against Us.
  3. YOUR OBLIGATIONS You agree to:pay the Total Fare and any part thereof, in the amount and by the time requested by Us; provide Us with adequate and timely instructions; and provide Us with accurate and honest information.
  4. OUR CHARGES We will charge You the Total Fare which is inclusive of: the amount payable to Us for providing the Services; and the amount payable by Us to the Supplier.
  5. CANCELLATIONS, CHANGES AND REFUNDS You may cancel this Agreement at any time on the giving of reasonable notice.We may cancel this Agreement and cease providing the Services to You if: You fail to pay the Total Fare or any part thereof, when requested to do so or within a reasonable time; You fail to provide us with adequate instructions within a reasonable time; You give instructions that are deliberately false or intentionally misleading; You indicate or it becomes apparent to Us that You have lost confidence in Us or We in You; orA Supplier cancels their component of the Booking for the supply of their products and services to You. Subject to Your Non-excludable Rights, if You: cancel Your Booking, We will charge You a cancellation fee of the deposit paid on the Total Fare or any part thereof as relates to the cancelled component of Your Booking, plus the Supplier Fee; or change Your Booking, We will charge You a change fee of: $50 per passenger for each change to a domestic or trans-Tasman booking plus the Supplier Fee; and $100 per passenger for each change to an international booking plus the Supplier Fee.
  6. PRIVACY Where We collect or handle Personal Information in the course of processing and administering your Booking, We will ensure that We take and continue to take all reasonable technical and organisational measures against the unauthorised or unlawful processing or disclosure of the Personal Information.All Personal Information collected by Us will be treated in accordance with Our Privacy Policy from time to time. The Privacy Policy also includes information about how individuals can request access to or correction of their personal information and about how We will handle any privacy-related complaints.
  7. LIMITATION OF LIABILITY The Services come with guarantees that cannot be excluded under the Australian Consumer Law (Non-excludable Rights).  In relation to those Non-Excludable Rights, if a major failure, You are entitled to terminate this Agreement or, subject to these Terms and Conditions, to compensation for any other reasonably foreseeable loss or damage.  If a minor failure, You can require that We remedy the failure within a reasonable time and if We fail to do so, You can either terminate this Agreement or have the Services remedied by someone else and claim from Us the reasonable costs of doing so. With the exception of Non-excludable Rights and subject to clause 7(e), and notwithstanding any other provision of these Terms and Conditions, Our liability to You, whether arising under or in connection with these Terms and Conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort for negligence or otherwise, or on any other basis in law or equity is hereby limited and excluded as follows:  We shall have no liability whatsoever to You for any indirect loss; and Our total aggregate liability to You is at all times limited to the amount equal to the Total Fare less the Supplier Fee (if any).   9(f)(i), to the maximum extent permitted by law, Our liability pursuant to any Non-Excludable Right is limited to: remedying the failure within a reasonable time; or payment of the reasonable costs of having the Services remedied by someone else. Our liability will be reduced in proportion to any negligence or fault on Your part. We act only as a booking agent. The Suppliers are solely responsible for the information, products and services offered by them to You and their terms and conditions will apply to your Booking insofar as it relates to those Supplier’s products and services. Any arrangements made by or for You with Suppliers is Your responsibility and at Your own risk.Subject to 9(f)(i) and Our ability to provide the Services, You must indemnify and hold Us and the Suppliers harmless against all loss howsoever caused (excluding fault on Our part), arising out of or in any way connected with cancellation by You or any breach by You of this Agreement.  We hold the benefit of this indemnity on trust for Us and the Suppliers.  It is not necessary for Us or the Suppliers to incur an expense or make a payment before enforcing a right of indemnity conferred by this Agreement or to mitigate its loss.
  8. FORCE MAJEURE Neither of us will be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance or non-performance of any obligations under this Agreement to the extent such delay or non-performance is due to a Force Majeure Event.
  9. GENERAL MATTERS NOTICES A Party giving notice or notifying under this Agreement must do so in writing and delivered either by hand delivered, by prepaid post or sent by electronic mail (Email) to the address specified on the Booking Form. SEVERABILITY Part or all of any provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions of this Agreement continue in force. VARIATIONS AND ASSIGNMENTS This Agreement may be varied or amended only in writing signed by each Party. The Booking is not assignable and is personal to You.  As such, a change to the name of a passenger on a Booking is deemed to be a cancellation of the Booking and a new Booking in the name of the new passenger. GOVERNING LAW This Agreement is governed by the laws applicable in the State of Queensland, Australia.  Each Party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia. GOODS AND SERVICES TAX All fees, rates, charges and expenses are GST exclusive unless otherwise stated.  Where the Service provided is subject to GST, GST of 10% will be added and charged to you. QUALIFICATION (i) If a term in these Terms and Conditions is expressed to be subject to this clause (i) then, but not otherwise, the qualification contained in subclause (ii) shall apply to the interpretation and application of that clause. (i) that empowers Us to exercise a right or discretion is to be read as limiting the conferral and exercise of the right or discretion to the extent that:* it is reasonably necessary to protect Our and the Suppliers’ legitimate interests or it is required or permitted by law; * it is exercised within reason and in conformity with the express provisions of these Terms and Conditions; and * it is not exercised capriciously, arbitrarily, unconscionably or for a purpose ulterior to which the contractual right, power or discretion was conferred. 
  10. DEFINITIONS”Agreement” means this Agreement comprised of the Booking Form and Terms and Conditions;”Booking” means the specific Services sought by You from Us regarding Your acquisition of the products and services from the Suppliers; “Booking Form” means the document/s completed by You, and any amendments thereto, relating to Your Booking;Excluded Recreational Liabilities” means liabilities described in section 139(3) of the Competition and Consumer Act 2010 (Cth) which, without limitation, includes liability for death, physical or mental injury, or contraction or aggravation of any disease; “Force Majeure Event” means any cause beyond Our reasonable control including, but not limited to, the acts, defaults or omissions of Suppliers or sub-contractors or strike, lock-out or other form of industrial action, compliance with a government request, a shortage of supply, flood, fire, tempest or earthquake.  “GST” has the meaning set out in section 195-1 of the GST Act;”GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended;”Personal Information” has the meaning given in the Privacy Act 1988 (Cth);”Privacy Policy” means Our Privacy Policy set out at https://www.australiantoursandcruises.info/privacy-policy;”Reckless Conduct” has the meaning set out in section 139A(5) of the Competition and Consumer Act 2010 (Cth); “Recreational Services” has the meaning set out in section 139A(2) of the Competition and Consumer Act 2010 (Cth); “Services” means booking and travel advisory services;”Supplier” means accommodation, airline, coach, bus, transfer, rail or cruise line operators or wholesalers  who supply the products or services that form all or part of Your Booking; “Supplier Fee” means the amount charged by a Supplier for, amongst other things, the cancellation of a booking, a change to Your Booking or the re-issuing of tickets or documents.“Total Fare” means the total amount payable by You to Us for Your Booking.“Us, We, Our” means Momentum 17 Pty Ltd Pty Ltd trading as Cruise along the Murray; Cairns 4WD Hire; 4WD Hire Cairns; Cape Your 4WD Tours; Gulf Savannah Tours; Australian Tours and Cruises; Tropical Experience Tours and Travel, Kimberley Tours, Beyond Vision Travel and any related entity within the meaning of that term in section 9 of the Corporations Act 2001 (Cth); “You, Your” means the person making the booking and all those listed on the Booking Form.
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