Booking Terms and Conditions
Please read the following “Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies, and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to “us”, “we”, “our”, “FCM”, “Flight Centre”, “Flight Centre Travel Group Limited” and/or “Australian OpCo Pty Ltd” in these Booking Terms and Conditions shall mean and include Australian OpCo Pty Ltd trading as FCM and Flight Centre Travel Group Limited. References to “you” and “your”, in these Booking Terms and Conditions shall mean the customer and the person travelling, as applicable. To the extent of any inconsistency between Booking Terms and Conditions and any travel management services contract or service agreement you might have with us (“TMC Contract”), then the provisions of your TMC Contract shall prevail to the extent of any such inconsistency.
By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with us and/or any of our travel managers by any means including via any booking portal, booking app’, online, over the phone, by email, or in person.
We will rely on the authority of the person making the booking to act on your behalf and on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking Terms and Conditions. You are liable for all bookings (including any hotel room charges, property damage) made by any of your representatives in connection with your account with us and whether or not they are appropriately authorised to make such bookings and we are not required to enquire as to the authority of any of your representatives to make bookings on your behalf.
1. Passports & Visas:
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports, and other travel document requirements for your trip, please let your travel manager know. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. Our travel managers can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). For online bookings, you can contact an external visa provider such as Visa Central (http://au.visacentral.com/109501) directly. We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to or transiting through the United States
Please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa. Note that if you have travelled to certain countries (including Iran, Iraq, Syria, Sudan, Yemen, Libya, Somalia, Cuba or North Korea) then you will likely not be eligible for the United States visa waiver program (ESTA) and will have to apply for a U.S. visa (which requires an interview appointment and can take several months).
If you are travelling to or transiting through Canada
Please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders are not able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to making a booking if you have any concerns about whether you might be eligible for an ESTA or ETA.
2. Travel Documents:
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates, or timings. If you have booked with a travel manager, it is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact your travel manager to confirm when your travel documents will be ready for collection. If you have booked online, you should retain your electronic record or you should print out and retain your travel documents as provided to you by our website (or in a follow up email we send you). Please ensure you retain the most up-to-date version.
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages, or losses associated with baggage allowances and excess baggage (except to the extent caused by fault on our part).
3. Travel Insurance:
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances must be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your travel manager can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer’s Financial Services Guide (“FSG”) / Product Disclosure Statement (“PDS”).
We are an authorised representative of CoverMore Insurance Services Pty Ltd (ABN 95 003 114 145) ("CoverMore") and receive financial and non-financial benefits when you buy CoverMore travel insurance products through us. We and CoverMore are authorised to provide you with general advice about, and arrange, travel insurance products on behalf of the insurer, Zurich Australian Insurance Limited (ABN 13 000 296 640, AFSL 232507).
You must read the CoverMore Combined FSG/PDS before you decide to buy the CoverMore travel insurance product you are considering purchasing to ensure it meets your needs and financial situation. The Combined FSG/PDS also contains information about the conditions, limits and exclusions that apply to the insurance, the 21 day cooling-off period, and how you can access Cover-More's privacy policy and complaints handling procedures.
Please contact your travel manager to take out travel insurance through us or if you have any questions about Cover-More's travel insurance products. If you make a travel booking through us and decline travel insurance, you may be required to sign a disclaimer.
4. Pre-paid Currency Card:
If you purchase a travel insurance product from us, you acknowledge that you may be sent a card setting out emergency insurance contact details, which also has the capability to operate as a pre-paid currency card. By agreeing to these Booking Terms and Conditions, you request that we send you this card (if available) and acknowledge its pre-paid currency capability. You do not need to apply for or activate the pre-paid currency function.
5. Travel Advice including COVID-19 (Coronavirus) Guidance:
Government, airline, and travel service provider COVID travel requirements are subject to change without notice.
Before booking, regularly after booking, and immediately before you travel, ensure you check the latest Australian Federal Government’s travel requirements and our advice outlined below. Visit the Australian Department of Home Affairs website for more information. As international travel resumes, Australia and all other countries may implement measures which continuously change, including additional health and safety protocols in response to COVID-19 and new variants which may impact your travel.
We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination/s you wish to visit or transit through. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
We strongly recommend that you regularly familiarise yourself with:
the current status and updates to Australia's immigration and border arrangements
the current status and updates to Australian state and territory border controls available at https://help.flightcentre.com.au/s/article/current-travel-restrictions-au (for both domestic and international travel);
any border pass/permit and travel declaration requirements available at https://help.flightcentre.com.au/s/article/current-travel-restrictions-au#Domestic ; and
relevant airline requirements and government policies around passenger safety and border control, including any requirements for mandatory health declarations, use of face masks, entry permits, pre-approvals and the need to produce valid evidence meeting airline and border control requirements in relation to a negative COVID-19 test result and/or COVID-19 vaccination status for both transit and final destination passengers, unless you have valid evidence of an exemption. This information is subject to change without notice to you, and any such changes may require you to make applications, provide a vaccination exemption, and/or other amendments to your booking and /or travel plans, and which may involve waiting periods, so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) regularly after booking and as you approach your travel date, and (iii) immediately prior to departure . If you do not meet the correct travel requirements (including for mandatory health declarations, use of face masks, entry permits, pre-approvals and valid evidence in relation to a negative COVID19 test result and/or COVID-19 vaccine status, unless you have valid evidence of an exemption) you will not be able to board the flight and you may be denied entry to, or required to undertake quarantine (possibly at your expense) in your transit and/or final destination.
You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
6. Health:
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of COVID-19 and/or Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smartraveller.gov.au). Please also see section 5 above regarding the COVID-19 outbreak and the related health and travel risks.
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on several factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
7. Prices:
All prices are subject to availability and can be withdrawn or varied without notice. Prices are only guaranteed once your booking has been paid for in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product and/or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Some product and/or service prices are ‘Instant Purchase’ due to the dynamic-pricing of products and/or services and constantly changing availability, and so can only be secured if paid for in full immediately when quoted (and even once paid for in full, a product and/or service price may not be able to be secured for you, because the price (e.g. an airfare or a room-rate) may become unavailable in the short time period between payment being made and processed by us and our booking systems being able to make the booking for you due to availability or changes in the travel service provider’s booking and yield management systems). If this occurs, we will notify you immediately and provide you with reasonable alternatives or, if applicable, you can cancel your reservation and we will provide you with a credit note or refund, as soon as possible. Please contact your travel manager for our most up-to-date prices. Prices quoted by OpCo over the phone or on its website are subject to change and will not be confirmed until booking is accepted by us, and a confirmation invoice sent to you.
8. Financial Arrangements
We receive remuneration through commissions, financial incentives, fees or payments, and other means including transaction processing fees, merchant service fees or other payments or credits of a similar nature (together, ’financial arrangements’) from third party travel service providers, card issuers, credit providers, payment service providers or other persons in connection with travel and travel related bookings and travel products, services and/or arrangements made on your behalf or in connection with any credit which may be provided to you under separate credit terms provided to you. We are entitled to retain, and we are not required to account to you, for any such fees, payments or credits we may receive. Further, we are not required by law to disclose the nature or value of these financial arrangements.
9. Deposit and Final Payment:
You will be required to pay a deposit or deposits when booking. Your travel manager will advise you of how much that will be. Subject to your rights under the Australian Consumer Law, if applicable to you at the time of booking, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. Our cancellation fee/s may be deducted from any deposit refund, where applicable. A deposit will generally secure your booking/seat, however prices quoted may change before you make the final payment, for the reasons outlined in in the ‘Prices' section above. Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some products and/or services must be paid in full at the time of booking.
10. Our Change and Cancellation Fees:
Subject to your refund and remedy rights under the Australian Consumer Law applicable to you at the time of booking, the change or cancellation fees that will apply to your booking (including online bookings and bookings made with a travel manager), will be as set out on your agreed Booking Fee schedule.
These change and cancellation fees will reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, your booking.
If you wish to change or cancel a booking that has been booked online and paid for using PayPal, you must contact your travel manager. Any fees for such change or cancellation must be made by credit card and will attract the applicable credit card surcharge.
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
11. Travel service provider Change and Cancellation Fees:
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider’s processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
12. Change or Cancellation by You:
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees and our change fees, and you will be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and our cancellation fees (where applicable), and we will provide you with a refund for the remaining funds (if any). Alternatively, we or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or our cancellation fees. If your deposit or booking is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or from us.
13. Change or Cancellation by a travel service provider:
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 14 and 15 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or FCM will deduct any unrecoverable costs, and any applicable travel service provider fees and FCM cancellation fees as above.
“Unrecoverable costs” means all reasonable, direct and indirect costs we have incurred in relation to your booking, and includes amounts paid by FCM to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or FCM.
14. Unavoidable or Extraordinary Circumstances:
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).
15. Cancellation due to Unavoidable or Extraordinary Circumstances:
If your booking is cancelled due to unavoidable or extraordinary circumstances, either the travel service provider will offer you a refund subject to the travel service provider’s change or cancellation policy, or the travel service provider will offer you a travel credit or a refund of all money paid by you in respect of the booking, from which the travel service provider and/or FCM will deduct any unrecoverable costs, and any applicable travel service provider fees and FCM cancellation fees as above, or the travel service provider may offer you a credit on hold.
16. Payments by Credit Card and Debit Card:
All of the following surcharge amount are exclusive of any applicable GST.
Credit card surcharges of 1.00% for Visa and 0.91% for MasterCard, 1.30% for American Express, and 2.5% for Diner’s Club will apply when paying by credit card (each exclusive of any applicable GST).
Debit card surcharges of 0.36% for debit card Visa and 0.14% for debit card MasterCard will apply when paying by debit card (each exclusive of any applicable GST).
You authorise us to charge all fees incurred by you in relation to the products and/or services provided by us 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.
If you choose to save your credit card details with us, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.
17. Payments by Alipay:
An additional 1.4% (exclusive of any applicable GST) fee will apply when paying by Alipay.
18. Payments by PayPal:
A 1% (exclusive of any applicable GST) will apply when paying by PayPal.
19. Payments by Union Pay:
An additional 1.7% (exclusive of any applicable GST) fee will apply when paying by Union Pay.
20. Payments by WeChatPay:
An additional 1.4% (exclusive of any applicable GST) fee will apply when paying by WeChatPay.
21. Payments by Poli (Online bookings only):
Payments by Poli will not incur any additional fees.
22. Payments by BPAY (Not applicable to online bookings):
Please note that BPAY payments take up to 3 business days to process. If you are paying by this method you will need to make the payment at least 3 business days prior to the actual due date. You must notify your travel manager of your payment once it has been made.
23. Payments by Cheque (Not applicable to online bookings):
Please note that cheque payments (excluding bank cheques) require about 5 business days to process. If you are paying by this method you will need to make the payment at least 5 business days prior to the actual due date. You agree not to stop payment of the cheque even when your booking is cancelled for any reason (including by reason of matters outside your or our control). You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees, before refunding the balance to you.
24. 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.
25. Service Guarantees:
Our booking and advisory services come with guarantees under the Australian Consumer Law (if applicable to you at the time of booking) that:
they will be provided with due care and skill;
they will be reasonably fit for the specified purpose;
they can reasonably be expected to achieve the desired result; and
they will be provided within a reasonable time.
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law, if it applies to you at the time of booking.
26. Agency
In general, we will act as an agent for, and sell various travel related products and/or services as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as our wholesalers and tour operators. Where we act as agent, any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. Where we act as agent, our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions imposed by these travel service providers, including conditions of carriage, fare rules, change and cancellation policies and limitations of liability. The travel service provider’s terms and conditions are separate to our Booking Terms and Conditions (which cover our booking and advisory services to you). The relevant travel service provider’s terms and conditions can generally be accessed on their country-specific website. If you would like any assistance to access any travel service provider terms and conditions, if you are not sure which terms and conditions apply to your booking, or if you would like us to provide you with a full copy of the travel service provider terms and conditions, please contact your travel manager. The travel service provider’s terms and conditions may include terms and/or fees relating to booking cancellations or changes for reasons outside the travel service provider’s control, conditions relating to cancellations or changes on your part which may incur cancellation or change fees, the exclusion or limitation of liability of the travel service provider, and the provision of data about you or provided by you to a third party. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem arises as a result of our gross negligence, fraud, criminal conduct or wilful misconduct, are not against us. Specifically, if for any reason (excluding gross negligence, fraud, criminal conduct or wilful misconduct on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us. Although we will use due care and skill in performing our services, we will not always be able to verify if, and cannot guarantee that, all information provided by the travel service provider (including the travel service provider’s brochure and terms and conditions) is accurate, complete and correct. Subject to any rights and/or remedies you may have under the Australian Consumer Law, we cannot be held responsible or liable for any errors, omissions, interruptions (for example, aircraft substitutions, renovations occurring at hotels, swimming pool closures, accommodation inclusions or changes to inclusions, resort fees payable, breakdowns, repairs, upgrade or maintenance of systems), or inaccurate, misleading or untrue information or non-delivery of information by the travel service provider. If we become aware that the information provided by the travel service provider is incorrect or incomplete in any way, we reserve the right to correct any information (including, but not limited to, pricing information (except where pricing has been finalised)) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise contains the correct and complete information.
27. Liability:
To the extent permitted by law, neither Flight Centre nor any of its related bodies corporate, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure, insolvency, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law, if applicable to you, and nothing in these Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
28. Supplier / Travel Service Provider Insolvency:
Without limiting section 27, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product and/or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law if it applies to you at the time of booking, we have no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.
29. Special Requirements:
Please liaise with your manager regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
30. Frequent Flyer or Other Loyalty Program:
When booking with one of our travel managers, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. If you are booking online, please insert these details in the space provided for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.
31. Schedule Changes:
We recommend that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.
32. Privacy Policy:
We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy which is available online at https://www.fcmtravel.com/en-au/privacy-notice. For complete details, you should review the full text of our Privacy Policy. By way of general comments, in providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service providers (e.g. airlines, accommodation or tour providers) with whom you make a booking. These travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to our overseas related entities and to service providers (including technology platforms) who perform services for us within and outside of Australia. You also consent to the disclosure of certain information by us to credit providers, issuers, and payment service providers or their agents who we work with in connection with travel and travel related bookings made on your behalf or in connection with the provision of credit to you. Generally, we will only disclose your personal information to these entities and/or persons in connection with the facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any entity and/or person (including any overseas recipients), you agree that: (i) in the case of travel service providers or other recipients who are providing services directly to you, we will not be required to ensure that recipient’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information and you acknowledge and agree that your rights in relation to their handling of your personal information are governed by the contract between you and that recipient (which may include their privacy policy); and (ii) in the case of our related entities and travel service providers who perform services for us, we will take reasonable steps to ensure that recipient’s compliance with Australian privacy laws. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person and/or entity.
33. Monies Not Held On Trust:
You agree and acknowledge that all monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of Australian OpCo Pty Ltd, but some of it might also be or become a debt due and payable by us to the travel service provider, in accordance with the payment terms we have agreed with that travel service provider (net of any forms of remuneration to which we are entitled). Payment will generally be made to the travel service provider before the services to which the money relates are provided. However, in some cases, payment will be made to the travel service provider after the services to which the money relates have been provided to you. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline, in accordance with the payment terms we have agreed with that IATA airline. In the event we hold the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy. In respect of any refunds of monies paid to us for flights for an IATA airline, you agree that we will hold such monies as a credit owed to you or apply it against any monies you may owe to us on your credit account, and we will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies, and we will treat those monies as a debt due and payable by us to you.
34. Modifications of these Booking Terms and Conditions:
We reserve the right to modify any of these Booking Terms and Conditions at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the FCMtravel.com website, applications, or services, which are effective upon posting and will apply only to all new bookings from that date. The applicable terms that apply are those in effect at the time you make a booking with us.
35. Governing Law:
If any dispute arises between you and us, the laws of Queensland and Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and Australia, and waive any right that you may have to object to an action being brought in those courts.
36. Acknowledgement:
You acknowledge that you are 18 years of age or older and that you understand and agree with the above Booking Terms and Conditions and our Privacy Policy.
These terms were last updated on 01/10/2024