Booking and Advisory Services – Terms and Conditions
PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE MAKING ANY BOOKING THROUGH THIS SITE.
Motive Travel is a member of AFTA and ATAS Accredited A10783.
What we provide to you
- We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
- By acquiring Booking & 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.
- You pay us for providing the Booking & Advisory Services to you.
What the Third Party Travel Provider provides to you
- Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.
- These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage. You should obtain and read all of the Third Party Travel Provider’s terms and conditions before acquiring Booking & Advisory Services from us.
- You pay the Third Party Travel Provider for providing the Travel Product to you.
- We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.
We are liable to you for Booking & Advisory Services
- Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you.
- Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) however caused and which is suffered directly or indirectly in connection with the:
- use of (or inability to use) the Booking & Advisory Service;
- disruption to the Booking & Advisory Service;
- the delivery or non-delivery of the Travel Product; or;
- any act or omission of Third Party Travel Providers or other third parties.
- Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection laws but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to the Booking & Advisory Services supplied by us outside these laws.
- All information relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Third Party Travel Providers.
The Third Party Travel Provider is liable to you for the Travel Product
- As agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.
- The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.
Booking and payment terms
- The Travel Products offered by us are subject to availability and can be withdrawn without notice by the Third Party Travel Provider. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Third Party Travel Provider.
- When making a booking, you must provide details of each traveller correctly and according to their passport or other identification document. Some Third Party Travel Providers will deny carriage if the traveller’s name varies from their booking and may cancel automatically if the traveller’s name is amended. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or as a result of the Third Party Travel Provider’s policies.
- We are not responsible for any changes made by a Third Party Travel Provider to the payment due date and prices for Travel Products are not guaranteed until payment has been made in full and documents have been processed.
- It is your responsibility to contact the Third Party Travel Provider prior to departure to ensure there is no change to the scheduled departure time.
- Payments processed in foreign currency (currency other than the original card holders country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
- Payment Options:
- All prices are based on payment by cash or cheque.
- Cheques will not be accepted for travel within 7 working days of travel. Please note that cheque payments (including bank cheques) require 5 business days to process.
- Credit card surcharges of 1.5% will apply when paying by credit card.
- Payments made via Direct Deposit take up to 3 business days to process. Please notify your consultant of your payment once it has been processed. Please ask your consultant for the bank details for these payments.
- Payments made via BPAY take up to 3 business days to process. Please notify your consultant of your payment once it has been processed.
Changes in Price and Itineraries for Travel Products
- The price of your Travel Product may change at any time up to your departure if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all or part of the quoted price for your Travel Product.
- If we have to change any part of your booking for reasons beyond our control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third Party Travel Providers under the terms and conditions you agreed with them.
- We will not provide you with a refund for the Booking & Advisory Services if the Travel Product is not used.
- Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider.
- If the Third Party Travel Provider is required to provide you with a refund for the Travel Product, we will provide you with a refund for the Booking & Advisory Services subject to these terms and conditions including the application of any cancellation fees.
Cancellations and amendments
- If you cancel your Travel Product, we reserve the right to charge a cancellation fee of a minimum of $AUD55 per person per booking for domestic departures, and $AUD165 per person per booking for international departures.
- If you wish to amend your Travel Product, we reserve the right to charge an amendment fee of $AUD55 per person for domestic bookings, and $AUD110 per person for international bookings, in additional to supplier and credit card fees. Fees include GST where applicable.
- The Third Party Travel Provider may also charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Third Party Travel Provider. For example, if you cancel your Travel Product there will be no refund of your deposit, and the following cancellation fees may apply:
- Prior to final payment: There will be no refund of any additional Third Party Travel Provider deposit paid.
- After final payment: There may be cancellation fees charged by Third Party Travel Providers amounting to all or part of the cost paid.
- Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges.
Your obligations and warranties
- You warrant to us that: (a) you are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Travel Providers of the Travel Products that you acquire; (b) the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process; and (c) you will maintain and promptly update this information to keep it true, accurate and complete.
- You warrant to us that you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
- You warrant to us that you will use the Booking & Advisory Services in accordance with these terms and conditions and you will not use the Booking & Advisory Services in any way to breach any laws or defame anyone.
- You agree to indemnify us from and against all claims, actions, suits, demands, liabilities, costs or expenses, losses, whether arising directly or indirectly from the use of the Booking & Advisory Services by you or any person using the Booking & Advisory Services through any means provided to you.
Jurisdiction and Law
- Use of the Booking and Advisory Services, and all terms are governed by the laws applicable in Western Australia . By acquiring the Booking and Advisory Services, you consent and submit to the exclusive jurisdiction of the Courts of Western Australia in all matters arising out of or in connection with your use of the Booking and Advisory Services.
“We” and “us” means Jaecer Holdings, trading as Motive Travel, ABN 78009411036, ATAS Accredited A10783.
“You” means any person who acquires the Booking and Advisory Services and includes any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).
“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, and providing a facility to enter into transactions with us and Third Party Travel Providers.
“Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.
Travel Tips for Travel Products
Passports, Visas and Health Requirements
Visas, including transit visas, are the passenger’s own responsibility. For more information please log on to: www.dfat.gov.au or www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return. (Validity should read from the date that you return to Australia)
International travellers booked on flights to the United States, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an electronic authorisation known as ESTA (Electronic System for Travel Authorisation) no less than 72 hours before travel to the USA. This can be obtained from the following Website: https://esta.cbp.dhs.gov/esta/.
It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.
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.
Please ask your consultant for details on the travel insurance products that we provide, including a quote. You must obtain a Product Disclosure Statement (PDS) relating to the travel insurance product you are considering purchasing. We recommend that you read the document thoroughly before making the decision to proceed.
If you have any pre-existing medical conditions (as listed 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 are able to provide you with an Online Medical Assessment Form for completion.
For international and domestic bookings, documentation will be issued upon payment and completion of the booking process. All travel documentation will be available for collection at least 2 weeks prior to departure.
Frequent Flyers & Special Requests
Please advise your consultant of your Frequent Flyer membership details for inclusion in your booking. We do not offer advice on Frequent Flyer eligibility on flights that we advertise or that you have booked. For more information on whether your airfare is eligible for Frequent Flyer rewards, you must contact the airline directly. We do not take any responsibility should an airline not register your trip. We recommend that you retain copies of your airline ticket and boarding pass as a record.
Please advise your consultant of any special requests that you have and these will be passed on to the Third Party Travel Provider but cannot be guaranteed.
Low Cost Carrier Bookings
Bookings made on Low Cost Carriers in some instances do not include a check-in baggage allowance. Check-in baggage allowances included in the fare purchased will be listed on your booking confirmation. Baggage fees may be charged directly by the airline for adding or increasing check-in baggage allowances, please note higher charges may be imposed at the airport for any additional requirements that are not pre-arranged. Check-in baggage fees are non-refundable once purchased.
Photographs and illustrations and other promotional material are for promotion purposes only and often provided by a Third Party Travel Provider. They do not represent any benefit that will be included in any arrangements made for you.
Motive Travel professional service fees may apply. A schedule of service fees is available from you Motive Travel consultant upon request.
In no event shall Motive Travel be responsible or liable for any failure or delay in the delivery of travel services arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including without limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
Before you proceed to book a flight or service through Motive Travel, please be aware that you enter into a legally binding contract to acquire your chosen third party travel product from the time payment is made.
After this point, any cancellations will incur the cancellation fees set out above.
Do not proceed to the details for a travel service unless you are prepared to legally commit to a binding contract and obligation to pay for the service.
If you have any questions regarding our terms and conditions, please call 08 9322 2666.