Booking Terms and Conditions
We act as agents to assist you in booking and organising travel services. These Booking Terms and Conditions apply to the services which we provide.
These Booking Terms and Conditions are to be read in conjunction with the Website Terms of Use.
1 Definitions
Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking means any booking placed with a third party Travel Product provider by us on your behalf.
Booking Confirmation means, without limitation, verbal or written communication that the Booking has been accepted by the Travel Product provider.
Booking Fee has the meaning given in clause 4.5.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).
Site means our website at [https://fishingearth.com/].
Travel Product means the service or product provided by an independent third party, for example, a flight or an organised group activity.
“We“, “us” and “our” are references to Boston Travel Group Pty Ltd ACN 661 878 842.
2 Acceptance of Terms
2.1 By using our services, you agree to be bound by these Booking Terms and Conditions. If you use our services on behalf of any entity or person you warrant and represent that you have the authority to bind that entity or person to these Booking Terms and Conditions and agree that you bind both you and that entity or person separately and jointly to these Booking Terms and Conditions.
3 Booking services
3.1 You understand that the services which we provide are booking services only. We do not provide any Travel Products whatsoever and any Travel Products that you acquire, access or use pursuant to a Booking are delivered by independent third parties.
3.2 We may match you to suitable Travel Products based on information which you provide to us. By making such matches we are not endorsing or guaranteeing the Travel Products or the third party provider of the Travel Products. You are responsible for satisfying yourself of the suitability of any Travel Products, including any terms and conditions relating to the Travel Product, prior to instructing us to proceed with a Booking.
3.3 All agreements, contracts for, and provision of, Travel Products are with or through one or more independent third parties and you disclaim any claim against us for Travel Products to the extent permitted by law and acknowledge that your only claim and recourse is against the independent third party that provided or purported to provide Travel Product/s, including if these were facilitated through the use of our services. If you are not satisfied with any aspect of a Travel Product, you must take this up directly with the third party provider.
3.4. You agree that you assume all risks in proceeding with the Booking notwithstanding any services provided by us. We are not responsible for any defects or delays in the provision of any Travel Products.
3.5. You must seek any refunds directly from the third party that provides the relevant Travel Products. If you do receive a refund from the third party, we are not required to refund to you any agency fees or commissions paid to us by the third party with respect to the relevant Booking.
3.6. We are not liable for any incorrect or incomplete information provided to us by third parties and communicated to you with respect to any third party Travel Products.
3.7. If you contact the third party provider of any Travel Products directly to make any changes or to seek information, we have no liability to you in respect of the same.
4 Bookings and Payments
4.1 You are responsible for the accuracy of any information provided to us for the purpose of making a Booking. Some Travel Product providers may refuse to supply the Travel Product where there are inaccuracies in the information. In such a case, we are not are not liable for any loss or damage arising from the inaccuracy or the Travel Product provider’s enforcement of policies.
4.2 The Travel Products may be subject to availability, weather, or other matters outside of our control. A Travel Product may be withdrawn, discontinued or materially changed by the provider of the Travel Product at any time and without notice, in accordance with the Travel Product provider’s policies.
4.3 You are responsible for contacting the Travel Product provider or our office prior to your Booking dates to ensure that you are aware of any changes to the Travel Product. A failure to notify yourself of any changes to the Travel Product may result in an unintentional forfeiture of the Travel Product or the incurrence of additional fees.
4.4. If we are made aware of any change in the Travel Product by the Travel Product provider, we will endeavour to notify you of such a change within a reasonable time. Your ability to cancel a booking or request a refund following notice of a change will be subject to the Travel Product provider’s policies.
4.5 You must pay all Booking fees that we advise you are payable with respect to a Booking (Booking Fees) when we advise you they are due. The third party provider of Travel Products may bring forward dates for payment, and prices for Travel Products are not guaranteed until payment has been made in full and processed by the third party provider. The price of your Travel Product may also 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 if you have paid all or part of the quoted price for the Travel Product.
4.6. We will process the Booking Fees for Travel Product/s on behalf of the Travel Product provider. You acknowledge that the Booking Fees may include a portion entitled “agency fee” or a “commission” in addition to the fees payable for the Travel Product.
4.7 You acknowledge and agree that we are entitled to the agency fee or commission once a Booking Confirmation has been issued. The agency fee and commission portion of the Booking Fee is non-refundable. A refund of any amounts processed by us on behalf of the Travel Product provider will be subject to the Travel Product provider’s policies.
4.8. Travel Product providers may charge additional fees after a Booking Confirmation for any reason, including if you seek to amend the terms of your Booking. You will be responsible for all additional fees plus any agency fee or commission which may be charged for our services rendered in connection with the additional fees.
4.9 Payments processed in foreign currency may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
4.10 If you request that we cancel your Booking for a Travel Product, we may charge you a fee of [$300].
4.11. Deposits are non-refundable.
5 Disclosure of your information
5.1 We may disclose information which you share with us to third parties for the purpose of providing or in connection with our services.
5.2. You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any such third party or with respect to the privacy practices of any third party which your information is shared with.
6 Liability
6.1 To the extent permitted by law, all implied warranties with respect to our services and Travel Products are excluded.
6.2. If permitted by law, to the extent that any mandatory guarantee or warranty under the Australian Consumer Law or any other statute, or at common law or otherwise, applies with respect to these Booking Terms and Conditions, our liability for failure to comply with any such guarantee or warranty is limited, at our sole discretion, to one or more of:
(a) supplying any services again; or
(b) paying the cost of having the services supplied again.
6.3 You acknowledge and agree that:
(a) you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss or damage, whether in contract, tort (including negligence), statute, or otherwise in connection with the services rendered, to the extent that you or any other person contributed to the loss or damage;
(b) you must take reasonable steps to mitigate any actual or anticipated loss or damage; and
(c) you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss, damage or expenses to the extent that you could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate your loss.
6.4 We and our Related Bodies Corporate are not liable to you for any indirect, special or consequential loss, or any other loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, suffered or incurred by you whether in contract, tort (including negligence), statute, or otherwise, in connection with the services rendered, even if we have been advised of the possibility of such loss.
6.5. To the extent permitted by law, our, and our Related Bodies Corporate, maximum aggregate liability to you with respect to the services rendered by us is capped at AUD$100.
6.6 Nothing in these Booking Terms and Conditions exclude any of our liability under the Australian Consumer Law that cannot legally be excluded. To the extent liability under the Australian Consumer Law can be limited, our liability is so limited.
6.7 You acknowledge and agree that you solely bear all risk with respect to any third party provider of Travel Products and the Travel Products, including but not limited to any risk arising from inherently dangerous or high risk activity, or any risk of insolvency, winding up, bankruptcy or otherwise of the third party provider.
7 Indemnity
7.1 You agree to release and indemnify, defend, hold harmless and keep us and our Related Bodies Corporate, affiliates, directors, officers, employees, licensees, contractors and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis) however arising, whether present, unascertained, immediate, future or contingent, and whether based in contract, tort, statute, or otherwise, arising out of or in connection with:
(a) any breach by you of these Booking Terms and Conditions or any negligent act or omission by you; and
(b). any Booking or Travel Product.
8 Dispute
8.1 If you believe you have a reason to raise a dispute with us under these Booking Terms and Conditions, you must first provide us with written notice of the dispute including particulars of the dispute. Our authorised representatives will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute.
8.2. If our authorised representatives are unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs, and each of us is entitled to legal representation at the mediation.
8.3 You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this Clause 13.
8.4. Notices to us may be sent to [email Doug ]. Any response by our authorised representative will be directed to the email address from which your notice originated. We may give notices to you by sending an email to any email address that you have provided to us in connection with a Booking.
9 Miscellaneous
9.1 By provide us with instructions to place a booking, you are warranting that:
(a) you are at least 18 years of age;
(b). all information which you have provided to use is current and accurate;
(c) you have investigated and considered taking out comprehensive travel insurance in relation to your Booking, and you agree that we have no liability to you in the event that you fail to obtain adequate cover; and
(d). you have read and understood these Booking Terms and Conditions.
9.2 We may vary these Booking Terms and Conditions at any time by publishing the varied Booking Terms and Conditions on this Site. The applicable version of the Booking Terms and Conditions will be the version which was published on the Site immediately before your Booking Confirmation.
9.3. These Booking Terms and Conditions are governed and interpreted in accordance with the laws of Queensland, Australia. Where you may have a dispute or claim against us, you submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts entitled to hear appeals from those courts. Where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim.
9.4 Any waiver of any of our rights under these Booking Terms and Conditions is not effective unless in writing signed by our authorised representative. Any failure or delay by us in exercising a right under these Booking Terms and Conditions does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.
9.5. If any clause of these Booking Terms and Conditions is illegal, void or unenforceable in any jurisdiction, that clause (including any subclauses, in whole or part in each instance and as the case may be) may be severed for the purpose of that jurisdiction only and the remainder of these Booking Terms and Conditions continues in full force and effect in that jurisdiction.
Last updated [November 22, 2022].
