Terms and conditions
TERMS AND CONDITIONS FOR GOLF AIR PTY LTD
1. Definitions
“GA “ means Golf Air Pty Ltd ACN 618 658 076.
“ACL” means the Australian Consumer Law Schedule to the Competition and Consumer Act.
“Conditions” means these Terms and Conditions.
“Contract” means any agreement for the provision of Travel Arrangements or Services by GA to the Customer;
“Customer” means a person, jointly or severally if more than one, acquiring Travel Arrangements and Services from GA.
“Departure Date” means the date scheduled for the Customer to depart at the start of the Travel Arrangements.
“GST” has the definition given in A New Tax System (Goods and Services Tax) Act 1999 (“Act”) or any amending legislation, and includes any similar value-added or consumption tax.
“Material Alteration” means a material change to the Travel Arrangements as determined at GA’s sole discretion.
“Products” means individual components of Travel Arrangements, such as accommodation, meals, transport, cruises and tours.
“Services” means the booking and payment services provided by GA in relation to Travel Arrangements.
“Suppliers” means the third parties that are responsible for providing the individual Products.
“Tax Invoice” means a tax invoice which complies with the definition contained in section 29 – 70 of the Act or any amending legislation.
“Travel Arrangements” means the travel arrangements made by GA including all Products.
2. Basis of Contract
2.1 The Conditions apply exclusively to every contract for Services by GA to the Customer and cannot be varied or supplemented by any other condition unless expressly accepted in writing by GA.
2.2 Acceptance: Payment of a deposit indicates the Customer’s acceptance of the Conditions.
2.3 Different Products may have specific terms and conditions, deposit requirements and cancellation charges applicable to the Product. These will be communicated during the quoting and booking process.
3. Booking Your Holiday
3.1 Quotes – will be provided in relation to a price for the Travel Arrangements. The quote is valid for a period of 7 days.
3.2 Deposit – a deposit of 10% of the total booking cost or $500 per person (whichever is
the higher amount). There may be an additional deposit depending on the policies of the Supplier of Products being booked. Any additional deposits will be advised at time of booking.
3.3 Late booking requests within 45 days (for Tailor made) and 60 days for (Small Group Journey) must be accompanied by full payment and may be subject to an urgent processing fee.
4. Price Policy
4.1 Prices are valid for the period until 30 June 2021. All prices are per person twin share in Australian Dollars unless otherwise specified. Prices are subject to the quote provided.
4.2 Travel Arrangement prices are quoted for the entire package and itemised component costs cannot be given.
4.3 Travel Arrangements – prices may be based on Products being booked in groups, and accordingly Customers must travel together throughout the Travel Arrangements.
4.4 Surcharges – the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, fuel levies, scheduled airfares, hotel and ground transportation charges, and any other increases in connection with the Travel Arrangement made by product and service suppliers to GA .
4.5 Where there is any change in the costs incurred by GA in providing the Services, GA may vary its price to account for such change by notifying the Customer, whether or not the Customer has made full payment.
4.6 Prices quoted are in Australian Dollars
4.7 Products not Utilised – no refunds are made in respect of Products not utilised, for example, accommodation, meals, refreshments and activities (i.e. golf rounds, buggy/golf set hire).
4.8 Goods and Services not Included – unless expressly included, the following are excluded from the Travel Arrangements price: International Airfares, arrival and/or departure taxes, fuel levies and surcharges, passport and visa costs, travel insurance, personal vehicle parking, personal expenditure including, laundry, room services, additional drinks/meals and gratuities,.
4.9 Prices quoted include GST. Whilst GA make every endeavour to ensure all cost associated with a tour are captured at the time the tour is offered, prices for the supply of the Travel Arrangements and the Services exclude any other taxes, duties or imposts imposed on or in relation to the Travel Arrangements and the Services in Australia or overseas, imposed after the tour has been finalised. GST is not able to be deducted from the cost of a tour and he Customer is liable to pay any amount of GST imposed on any Product. GST refunds under the Australian Government Tourist Refund Scheme (TRS), are the sole responsibility of the customer.
5. Payment
5.1 Unless expressly noted or agreed in writing, the following payment terms apply to all GA tours. Deposit – A $500 or 20% deposit at time of booking (whichever is higher) Final payment must be received by GA no later than 60 days prior to the Departure Date.
5.2 Where bookings are made less than 60 days ( published tours) before the Departure Date, full payment must be made at the time of booking.
5.3 If you pay GA by credit card a surcharge will be added to the total price. The current surcharge for all credit cards is 1.5% of the total price.
6. Amendments
6.1 GA reserves the right to modify program itineraries, including arranged activities, and substitute accommodations, including aircraft, vessels and trains, at any time due to unforeseen circumstances or circumstances beyond GA’s control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
6.2 GA will endeavour to assist if the Customer requests an amendment to the Travel Arrangement booking up to 45 days (for Tailor-Made) and 60 days (for published tours) prior to the Departure Date, subject to the following:
a) Amendment Charge – fees apply to any Customer requesting a change to a confirmed booking.
b) Additional Charges – all other expenses incurred by GA may also be payable by the Customer at GA’s discretion.
c) Any charges arising from a request for an amendment are payable by the Customer whether or not GA is successful in confirming the requested amendment.
d) Late Amendments – amendments made by the Customer within 45 days (for Tailor-Made) and 60 days (for published tours) of the Departure Date, are treated as cancellations and re-bookings. Cancellation charges apply as detailed below.
7. Cancellations By The Customer
7.1 The Customer must give GA notice if it intends to cancel any Travel Arrangements.
7.2 Cancellation Charges:
a) Tailor-Made Charges – the following charges are payable by the Customer in accordance with the number of days prior to the Departure Date following notice being received by GA of cancellation:
Days prior to Departure Date Percentage of Travel Arrangements Price Payable
60 - 46 days of less = 20% cancellation fee
45 – 31 days prior = 50% cancellation fee
30 – 15 days prior = 75% cancellation fee
14 - 0 days prior = 100% cancellation fee
7.3 Additional Charges - the Customer may incur further cancellation charges from some Suppliers and local agents.
COVID-19 ACKNOWLEDGEMENT
Prior to making a booking, the Customer acknowledges their fitness to travel and agreeing to comply with all health protocols as directed by GA staff during their journey. If the Customer is booking on behalf of a group of individuals, all members of the travelling party above 18 years of age must sign an acknowledgement. The Customer must not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. The customer agrees to supplying COVID related information and subjecting themselves to temperature checks, as required by GA staff and GA product and service providers during the course of the tour. The Customer must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks and hand sanitiser will be provided and may be required in vehicles, indoor spaces, and any outdoor spaces where physical distancing is not possible, and in accordance with local regulations. Noncompliance with these measures may result in the customer not being able to continue on the journey. The customer is liable for all costs associated with COVID non-compliance and any associated journey discontinuation. The Customer voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party who require testing, quarantine or become infected with COVID-19.
For all new bookings made from 13 October 2020, if you can’t travel as a direct result of border closures or Government-imposed travel restrictions that directly impact your booking, GA will:
• allow you to change the dates of your tour,
• offer you a credit for another tour, or
• refund the full value of your tour, less any third-party costs that GA can’t recover (including
from airlines and tour providers)
8. Cancellations and Material Alteration by GA
8.1 GA may treat a booking as cancelled and levy cancellation charges if the Customer does not pay the balance of the Travel Arrangements price at least 45 days prior to the Departure Date
8.2 Force Majeure – GA may, at its sole option, where circumstances outside of its control affect the provision of Travel Arrangements (such as flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) cancel scheduled Travel Arrangements at any time and may at GA’s sole and absolute discretion:
a) Offer the Customer alternative Travel Arrangements or Products of comparable standard as may be appropriate in the circumstances; or
b) If alternative Travel Arrangements or Products are not offered by GA, GA will make a prompt proportional (taking into account the extent of the Travel Arrangements that have been provided or arranged) refund of monies paid by the Customer.
8.3 GA may charge a reasonable fee to cover the administration costs associated with providing alternative Travel Arrangements or Products.
8.4 Material Alteration - if a Material Alteration becomes necessary within 45 days of the
Departure for any reason other than the circumstances described in clause 8.2, GA will endeavour to offer comparable Products or a full refund of all monies paid by the Customer.
9. Obligations and Liability
9.1 Booking Agent - GA acts as a booking agent for the Suppliers of Products and accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Customer or third party resulting from the Customer’s or third party’s use of the Products, unless recoverable from GA on the failure of a statutory guarantee under the ACL. GA makes reasonable enquiries to determine that Suppliers provide appropriate Products, but GA is not responsible for the Products or their standard.
9.2 Except as the Conditions specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, specification or performance of the Travel Arrangements or Services or any contractual remedy for their failure.
9.3 Nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies as a consumer against GA for failure of a statutory guarantee under the ACL.
9.4 Loss – GA is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Customer, other than if the Customer is a consumer, then to the extent the loss was reasonably foreseeable.
9.5 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified.
9.6 Visa Requirements – it is the Customer’s responsibility to ensure that it has valid passports, visas and permits which meet the immigration and governmental requirements of the country of travel.
9.7 Medical Conditions – the Customer must notify GA of any pre-existing medical conditions that might reasonably be expected to affect the Travel Arrangements.
9.8 Health Issues – it is the Customer’s responsibility to obtain any vaccinations or health precautions applicable to the country of travel.
9.9 GA strongly recommends that the Customer insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense.
9.10 The Customer acknowledges and accepts that different places, countries, facilities and tour operators may have differing standards of safety, labelling, warnings and precautions. The Customer is responsible for maintaining personal diligence and safety notwithstanding the level of standards. GA is not liable for any loss, damage, injury or death that could be avoided if the Australian standards were to apply.
9.11 GA may from time to time make its products and services available to third party
partners and booking organisations, who may market these to their customers. The cancellation terms and conditions applicable to the third party may be applicable, particularly where GA is acting as a supplier to the partner/agent and has no “direct” relationship with the customer. Under these circumstances, and where the payment of fees or charges associated with the journey, were not made direct to GA, GA cannot be held liable for any refunds or costs incurred by the customer. In all circumstances GA maintains and accepts its obligations under ACL.
10. Notice
10.1 A notice by the Customer must be in writing, and may be delivered by hand, sent by prepaid mail, sent by facsimile or sent by electronic means such as e-mail to the address or number specified.
10.2 A notice is treated as given to GA, when:
a) if hand delivered, when delivered;
b) if sent by prepaid mail, when received or within 48 hours after posting, whichever is the sooner,
c) if sent by email or facsimile, on confirmation of successful transmission.
11. Governing Law
11.1 These Conditions are governed by and are to be construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts and Tribunal of New South Wales and Courts entitled to hear appeals from those Courts and Tribunals.
12. Privacy Information
12.1 Any personal information that GA obtains from the Customer, or about the Customer from its representative, is necessary for GA’s business purposes or providing the Customer with GA’s Travel Arrangements, Products and Services, and may be used in answering any queries the Customer may have, considering the Customer’s application for credit or to become a Customer, performing internal administration and operations, developing, improving and marketing GA’s products and services, and related purposes.
12.2 GA’s Privacy Policy details why GA collects this personal information, who GA may disclose it to (including whether GA is likely to disclose it to overseas recipients), and the main consequences (if any) if GA does not collect the personal information of the Customer. GA’s Privacy Policy also contains information about how the Customer may seek access to, or correction of, the personal information held about the Customer, and GA’s complaint resolution procedures.
12.3 GA will not disclose any personal information to any other party without the consent of the Customer except to the Suppliers, a related entity or adviser of GA or where GA is otherwise required by law to do so.
12.4 GA’s Privacy Policy is available at www.golfair.com.au on our terms and conditions tab. 13. Consent for cross-border disclosures
13. Consent for cross-border disclosures
13.1 By making a booking, the Customer acknowledges and consents that GA will not, as would otherwise be required, be obliged to take steps to ensure that an overseas recipient of Customer Information complies with the APPs.
14. Miscellaneous
14.1 GA’s failure to enforce any of these Conditions shall not be construed as a waiver of any of the GA’s rights.
14.2 If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions.
14.3 GA reserves the right to correct any errors or omission in its published materials and to amend these Terms and Conditions at any time as a result of any material change to legislation or regulations or change to GA policies. Amended Terms and Conditions shall automatically be effective upon being posted by GA to the website www.golfair.com.au or by providing Notice to the Customer.
Note: Specific programmes may have different Terms & Conditions which will be advised at the time of booking.