Booking Terms and Conditions Viva Holidays live a life of travel

Booking and Advisory Services - Terms and Conditions

Updated as at 1 July 2014.

What we provide to you

1. 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.

2. 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.

3. You pay us for providing the Booking & Advisory Services to you.

What the Third Party Travel Provider provides to you

4. 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. 

5. 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.  

6. Travel tips relating to Travel Products are set out in the Annexure to these terms and conditions but you should obtain and read all of the Third Party Travel Provider’s terms and conditions before acquiring Booking & Advisory Services from us.

7. You pay the Third Party Travel Provider for providing the Travel Product to you.

8. 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

9. 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.

10. 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) which is suffered directly or indirectly in connection with the:
(a) use of (or inability to use) this Website,  or any linked website;
(b) disruption to this Website or the Booking & Advisory Service;
(c) the delivery or non-delivery of the Travel Product; or
(d) any act or omission of Third Party Travel Providers or other third parties.

11. 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 use of this Website or the Booking & Advisory Services supplied by us outside these laws.

12. All information on this Website 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

13. 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. 

14. 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

15. The Travel Products offered on this Website 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.

16. When making an online booking, you must enter 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.

17. Prices for Travel Products featured on the online booking engine are for online booking only and may differ if you proceed to book your Travel Product over the phone.

18. 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.  

19. 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.  

20. For bookings made via our Call Centre, a deposit of AU55 per person (for domestic) and AU165 (for international) is payable within 7 days of confirmation of your reservation.  You will be notified at the time of your reservation if any additional deposit requirements apply. 

21. For bookings made via our Call Centre, full payment is required at least 30 days prior to departure or by sale end date; or the payment deadline specified by the Third Party Travel Provider.  

22. If for any reason, your balance is not received by us by the due date, we reserve the right to treat your booking as cancelled and apply any cancellation fees that are the subject of these terms and conditions and the terms and conditions agreed with the Third Party Travel Provider.  Prices for Travel Products are not guaranteed and are subject to change until payment has been made in full and travel documents have been issued.

23. A deposit holds the Travel Product requested but does not guarantee the price of the Travel Product at the time the deposit is paid.

24. Internet bookings must be paid in full at time of booking. 

25. Products shown on the Website and quoted via our Call Centre are for payments by cash or MasterCard Debit Card only. An additional 2% applies to amounts paid by credit card.

26. All pricing on this Website is reflected in Australian Dollars unless otherwise specifically denoted on the screen. 

27. 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.

Event Package Bookings

28. Payment for event tickets is required at the time of booking.  For bookings made outside 30 days prior to departure, full payment is required within 7 days of booking for the entire package.  For bookings made within 30 days of departure, we will only accept the booking if full payment for the entire package is received at the time of the booking.

Land Only Service Fee

29. If you are booking a land only product with us, a minimum stay of one night’s accommodation or one day’s car hire is required.  A service fee of AU25 per booking applies for international bookings and AU27 per booking applies for domestic bookings.

Late Bookings

30. Bookings made within 30 days of departure will only be accepted if full payment is received by us at the time of reservation.  Internet bookings will not be accepted inside 4-8 days prior to departure.  For international bookings made within 7 days of departure, a fee of AU20 will apply.  Australian hotel bookings will be accepted for same day booking when made online.

Changes in Price and Itineraries for Travel Products

31. Prices for Travel Products are provided as a guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.

32. You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Third Party Provider may change the price of your Travel Product 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. 

33. If a Third Party Provider changes any part of your booking for reasons beyond its 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 willuse our reasonable endeavours to 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. 

Refunds

34. We will not provide you with a refund for the Booking & Advisory Services if the Travel Product is not used.

35. Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider. 

36. 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 subject to these terms and conditions including the application of any cancellation fees.

37. Where refunds for unused services are allowed (e.g. Go-as-you-please accommodation vouchers), a service fee may be charged by the Third Party Provider against the value of the refund.  Please ensure that, when requesting a refund, you enclose copies of all relevant documentation.

Cancellations and amendments

38. If you cancel your Travel Product, you will not be entitled to receive any additional supplier deposit paid.

39. If you wish to amend your Travel Product, which requires reissue of travel documents, we reserve the right to charge a minimum amendment fee of AUD25 per person for international bookings and AUD27 per person per booking for domestic bookings.

40. An administration fee of AU20 applies to any amendments and cancellations of online bookings.

41. 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:
(a) Prior to final payment: There will be no refund of any additional Third Party Travel Provider deposit paid. 
(b) After final payment: There may be cancellation fees charged by Third Party Travel Providers amounting to all or part of the cost paid.
42. Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges. 
43. We will not charge a cancellation or an amendment fee if; 
(a) you cancel or amend your booking due to a breach by us of our obligations to you or due to our fault; or
(b) the Third Party Provider cancels your booking for no fault on your part.

Travel Product Description and Information

44. Descriptions featured on this Website are based on current international hotel guides and information provided by hotels and suppliers.  Any facilities shown as included my change at any time.  We make no specific representations as to the standard, class, or description of accommodation or services provided by the Third Party Travel Providers

Ratings

45. To assist you with the selection of your accommodation, we have devised our own rating system enabling you to compare each property.  Ratings are provided solely for the guidance of our customers and have no equivalent in any other rating system.

Your obligations and warranties

46. 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.

47. 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.

48. 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.

49. 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.

The Website and links

50. We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded into this Website. You acknowledge and agree that your continued use of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your use.

51. You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted.

Privacy

52. You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy.  The terms of our Privacy Policy are incorporated into these terms.

Jurisdiction and Law

53. Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of New South Wales.  By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of this Website and terms.

Definitions

We” and “us” means Qantas Holidays Limited (ABN 24 003 836 459).

You” means any user of this Website 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, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).

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.

Website” means this website.

 

 

ANNEXURE

TRAVEL TIPS FOR TRAVEL PRODUCTS

These tips are not legally binding terms and conditions.
You should obtain and read the Third Party Travel Provider’s terms and conditions which are legally binding on you.

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.

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 ETSA (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.

Ticketing

For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process.  In some instances, an e-ticket on the flights or fares selected may not be able to be issued.  Bookings that cannot be issued as an e-ticket, will have to be changed to comply with e-ticket regulations.  All other travel documentation, such as hotel, car hire, transfer and tour vouchers will be e-mailed to you as an e-document.  Should the Third Party Travel Provide issue paper vouchers, these will be posted to you.

Frequent Flyers & Special Requests

For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly.  When booking online, please ensure that you have entered your correct number in the special section featured in the booking engine.  For Call Centre bookings, please advise your Frequent Flyer details and these will be added to your reservation.  We do not take any responsibility should an airline not register your trip.  You should retain copies of your air ticket and boarding pass.

Special requests will be passed on to the Third Party Travel Provider but cannot be guaranteed.

 

Viva! Holidays Gift Vouchers Terms & Conditions

Viva! Holidays gift vouchers are valid for 12 months from date of issue.

Viva! Holidays gift vouchers are electronic and are sent by email.

Viva! Holidays gift vouchers must be used for Viva! Holidays packages and cannot be used for flight only bookings.

The value of your gift voucher must be wholly redeemed in one transaction.

Payment for the gift voucher is required at time of purchase.

Viva! Holidays vouchers are not transferable, cannot be redeemed for cash, and are non-refundable. 

Viva! Holidays is not responsible for lost, damaged or stolen vouchers.

All bookings and travel are subject to Viva! Holidays booking conditions. Please consult the booking conditions above.

Contact Viva! Holidays on 1800 848 2461800 848 246 or see your local travel agent to make your holiday arrangements and redeem your gift voucher. You must quote your booking reference number at time of redemption.

The value of the gift voucher is in Australian dollars.