Please read the following “Booking & Advisory Services – Terms and Conditions” (Booking T&Cs) carefully, as they contain important information about your legal rights, remedies, and obligations.
By making any booking for Travel Products with Emma Whiting Travel, you agree to comply with and be bound by these Booking T&CS, which apply to any bookings you make with our Travel Designers (in-store, by phone or by email).Do not make any booking unless you understand and agree with the following Booking T&Cs and any other terms and conditions of the Travel Provider relating to the Travel Products you buy from us. You should read all relevant Travel Provider T&Cs before acquiring Booking & Advisory Services from us.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law, but we do not give any guarantee or warranty, and do not make any representation of any kind, express or implied, with respect to the use of our website or the Booking & Advisory Services supplied in addition to those rights.
References to “we” and “us” means Emma Whiting Travel Services (ABN 41121493016), trading as Emma Whiting Travel.
References to “you” or “your” means any person who acquires the Booking & Advisory Services, including any person who acquires a Travel Product.
“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Travel Provider/s and includes advisory and consulting services.
“Travel Provider” or “Travel Providers” means the company or person who provides you with the Travel Product such as airlines, tour and cruise operators, car hirers and accommodation providers.
“Travel Product” means the service or product provided by a Travel Provider, such as flights, accommodation, and ground transport.
We are a travel agent. We arrange and sell Travel Products on behalf of Travel Providers. Emma Whiting Travel is ATAS accredited and a member of AFTA.
When we provide Booking & Advisory Services and once you have made a booking with us, you will have a contract with us in relation to the Booking & Advisory Services and a contract with the relevant Travel Provider(s) in relation to the Travel Product(s). Subject to your rights under the Australian Consumer Law, your rights to amend or cancel your booking and any right to a refund will be governed by the relevant Travel Provider T&Cs and these Booking T&Cs.
If you are not sure of the Travel Provider Terms and Conditions or if you would like a full copy of the Travel Provider Terms and Conditions, we will provide this to you upon request.
Your legal rights in connection with our provision of Booking and Advisory Services are against Us.
Subject to your rights under the Australian Consumer Law, while we exercise care when selecting, recommending and booking Travel Products 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:
Your legal rights in connection with the provision of the Travel Product are against the Travel Provider.
You pay the Travel Provider (via us as the Agent) for providing the Travel Product to you. Once you have acquired Booking & Advisory Services from us, the Travel Provider will provide you with the Travel Product on the relevant Travel Provider T&Cs.
The Travel Provider is the supplier of the Travel Products and is responsible for any express or implied guarantees in relation to the supply of the Travel Products.
All information, including but not limited to representations that a Travel Provider makes on its brochures, relating to the Travel Provider or a Travel Product is provided by the 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 Travel Providers.
You are solely responsible for the suitability of any Travel Product that you purchase. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of the Travel Product, subject to your rights under the Australian Consumer Law.
We will rely on the authority of the person making the booking to act 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 T&Cs and to the Travel Provider T&Cs.
Travel Products are subject to availability and can be withdrawn without notice by the Travel Provider. Travel Products may also change at any time in accordance with the relevant Travel Provider T&Cs. Subject to any rights you may have against us in relation to our supply of Booking & Advisory services to you, we are not responsible for any withdrawal of Travel Products or changes made by a Travel Provider. Prices for Travel Products are not guaranteed until you have made a booking with us and received communication from us and the Travel Provider that your booking is confirmed.
When you make a booking, you must provide accurate and complete details of each traveller according to their passport or other identification document. It is your responsibility to ensure that all details of the booking are complete and correct for all passengers before proceeding. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or if you do not comply with the Travel Provider T&Cs.
We charge professional management fees for providing Booking & Advisory Services to you.
These fees represent the work done and time spent arranging the Travel Product and liaising with Travel Providers. These fees are in addition to any fees or non-refundable components charged by the Travel Provider/s and are applicable and non-refundable even if the Travel Product is not used and/or the Travel Product is cancelled by you or the Travel Provider, subject to your rights under Australian Consumer Law.
Schedule of Booking & Advisory Service Fees |
|
| Design Deposit | From $550AUD per booking* |
| International Flight Management Fee | $330AUD per person in addition to the airline’s charges^ |
| Domestic Flight Management Fee | $55AUD per sector per person in addition to the airline’s charges^ |
| Ground Transportation Management Fee | Up to $330AUD per person~ |
| Booking Amendment Fee | From $77AUD per voluntary change per person in addition to Travel Operator fees and price differences† |
| Out-of-Hours Emergency Assist Fee | From $165AUD per enquiry¹ |
| Visa fee | $110AUD per person chargeable upon request of visa support² |
| Insurance claim fee | $110AUD per person chargeable upon request of insurance claim support³ |
| Credit Card Merchant Fees | AMEX – 2.08%
MasterCard – 1.55% Visa – 1.55% International Card – 3.30% |
*The Design Deposit is in place as a way of engaging our time and expertise in designing your trip proposal. While this fee is non-refundable, it can be applied towards the cost of a trip booked with us. The specific amount of this deposit may vary based on the complexity and time involved.
^Flight Management Fees are inclusive of airfare and consolidator charges, and accommodate for the time spent booking airfares, managing requests, and monitoring involuntary airline changes. For groups and family travel please reach out to Us to discuss Flight Management Fee options.
~The specific amount of this fee may vary based on the commissionable amount earned from the Travel Operator, complexity, and duration of travel, as well as the level of personalized service required. This fee applies to services such as cruises, accommodation, tours, and transfers.
†The specific amount of this fee may vary based on the amount of time involved in the specific change.
¹This fee applies to emergency calls made outside of our regular hours. We are committed to providing support for emergencies and we request that for non-urgent matters you reach out to us during our regular business hours when our team will be more than happy to address your enquiry without additional charge.
²While visa support is not an offered service, in exceptional circumstances we may provide assistance in the visa application process. Please refer to our visa information page for further information.
³Fees apply in the event of an insurance claim for a policy not purchased through us where support is required by us to assist with any part of the claim process.
In addition to the above professional management fees, we may receive commissions, fees, gifts, or financial incentives from Travel Providers in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from Providers in relation to your booking is non-refundable in the event of cancellation.
You will be required to pay a deposit/s for your booking. The deposit amount varies depending on the Travel Product and lead time to travel. In some instances, full payment is required at the time of booking. We will advise you of the deposit amount at the time of booking. We also require a further 10% deposit above Travel Provider deposits at time of booking.
All deposits are non-refundable for changes of mind or cancellations by you subject to your rights to a refund or other remedy under the Australian Consumer Law.
Final payment is required depending on the Travel Product and Travel Provider(s) T&Cs. Any failure by you to make payment of the Travel Product in full by the due date may result in your booking being cancelled and the forfeiture of any deposit you have made.
Any funds received by you will be held in trust until such time as remitted to the Travel Provider. A portion of your payment may include a commission component that we will retain on trust until your travel is taken.
Where we charge you a service fee or other fee detailed in our Schedule of Fees, this will not be held on trust as these amounts are non-refundable (subject to any rights you may have under the Australian Consumer Law).
Unless otherwise stated, payments are in Australian dollars. Payments processed in foreign currency (currency other than the original cardholders’ country of issue), may incur a currency conversion fee.
All pricing is inclusive of goods and services tax (GST), or other such value added taxes, where applicable. Other taxes may apply upon check-in.
We accept payment by debit card, credit card, direct deposit. A credit card or debit card fee applies for payments as per the schedule of fees in section 6 of these Booking Conditions.
Payments made by way of direct deposit may require up to five (5) business days to process.
If you cancel your Travel Product, your right to a refund is subject to relevant Travel Provider T&Cs and any rights that you may have under the Australian Consumer Law. It is not within our power to decide whether you will be eligible for a refund for the cost of the Travel Product from the Travel Provider.
We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the email address you provided at the time of booking, or via your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever, subject to the Australian Consumer Law. In the unlikely event that your booking must be cancelled, subject to the relevant Travel Provider T&Cs, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking (less any fees charged by us under these Booking T&Cs).
If you cancel your Travel Product, or amendments to your booking are otherwise required, we charge cancellation and amendment fees in addition to any fees charged by the Travel Provider. These fees reflect the work required to cancel the Travel Product and our best estimate of the costs that we will incur in managing this process. However, we will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or if the cancellation or amendment is required due to our error.
The Travel Provider may also charge cancellation and amendment fees in accordance with the relevant Travel Provider T&Cs. These fees will be in addition to the fees charged by Us. We are not liable to you for any cancellation fees, amendment fees, or refusals to refund made by the Travel Provider, subject to any rights you may have against us under the Australian Consumer Law.
We charge a fee for providing the Booking & Advisory Services to you. The fee is non-refundable, even if the Travel Product is not used. All fees are outlined at the time of booking.
We may receive a commission, fee, rebate, gift, or financial incentives from Providers, in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from Providers in relation to your booking is non-refundable in the event of cancellation.
Your entitlement to any refund will depend on the relevant Travel Provider T&Cs, which will apply subject to any rights you may have under the Australian Consumer Law.
We strongly recommend that you read and understand these Booking T&Cs and all relevant Travel Provider T&Cs, before making the booking. Your booking may be non-refundable.
Where applicable, the Booking and Advisory Services we supply include assistance with refunds. Subject to any restrictions in the Travel Provider T&Cs, you can make a request for a refund from a Travel Provider by contacting us.
If your refund request is granted by the Travel Provider, the amount of refund will be the amount paid less any fees charged by us and fees charged by the Travel Provider in accordance with the relevant Travel Provider T&Cs.
If the Travel Provider is required to or otherwise agrees to provide you with a refund for the Travel Product, we will facilitate the refund between the Travel Provider and you. Once we have received the refund from the Travel Provider, we will pass it on to you as soon as practicable.
If you have a booking with us in relation to a Travel Product but you do not show up to check-in or otherwise do not avail yourself of the Travel Product, you will not be entitled to any refund from us, subject to any rights you may have under the Australian Consumer Law.
Prices for Travel Products are provided as an indicative guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Price of the Travel Products is not fixed until you receive confirmation from us that your booking is confirmed.
If the Travel Provider adds surcharges, fees or taxes in relation to your booking after you have booked your Travel Products with us, we will advise you of the proposed price increases. If you do not wish to incur the additional charges you may cancel the Travel Product.
Some Travel Providers may require an additional amount to be paid locally upon arrival such as resort fees or city taxes. Any local payment amounts will not be included on your invoice (unless explicitly listed). Any local costs will be payable directly by You to the Travel Provider.
If a Travel Provider changes any part of your booking for reasons beyond its control, for example, due to scheduling issues or overbooking we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product being materially different, then you may cancel the Travel Product and we will refund any monies already paid subject to the relevant Travel Provider’s T&Cs, less any fees charged by Us under these Booking T&Cs and subject to any rights or remedies you may have under the Australian Consumer Law.
It is your responsibility to re-confirm all flight departure times with the relevant Travel Provider prior to departure. We will not be liable for any costs incurred as a result of you missing any flight due to your failure to check your itinerary prior to departure.
Subject to any rights or remedies you may have under the Australian Consumer Law, we will not be liable for any failure or delay in providing you with Booking & Advisory Services in relation to Travel Products that is due to events beyond our control, including, but not limited to: acts of God, accident, riot, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
For the avoidance of any doubt, a force majeure event shall not include:
If a force majeure event occurs that affects your booking, your entitlement to a refund, credit or re-scheduled travel booking will depend on the relevant Travel Provider T&Cs and will always be subject to any rights you have under the Australian Consumer Law.
For the avoidance of any doubt, in the circumstance that a force majeure event occurs the following fees are non-refundable (subject to any right to a refund you may have under the Australian Consumer Law):
You warrant and acknowledge to us that:
It is your responsibility to ensure that you have the required documents, including passports,visas, and re-entry permits before travelling to a destination. For more information, please log on to www.dfat.gov.au and www.smarttraveller.gov.au. It is your responsibility to check with the respective Embassy or Consulate of each country that you are travelling to as many destinations require visas for both Australian and non-Australian passport holders. It is your responsibility to ensure that you have at least six (6) months’ validity on your passport from the date you return from your departure.
We recommend that you visit the Department of Foreign Affairs and Trade’s (DFAT) websites at www.dfat.gov.au and www.smarttraveller.gov.au for information relating to safety alert levels of your intended travel destination.
For international travellers booked on flights to the USA, including Hawaii, it is now mandatory, under the Visa Waiver Program, to receive an Electronic System for Travel Authorisation (ESTA) no less than 72 hours before your intended travel date. This can be obtained from the following Website: https://esta.cbp.dhs.gov/esta/. It is your responsibility to ensure that you have obtained an ESTA. An ESTA is not available to travellers who have visited Cuba or another country designated as State Sponsor of Terrorism and these travellers must apply for a visa. Other countries may have similar requirements. It is your responsibility to ensure you have checked and obtained other relevant visas for other countries.
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. It is your responsibility to contact your local doctor to receive advice on any health requirements. It is your responsibility to ensure We are made aware of any medical, dietary or mobility requirements You may have.
Please note that vaccinations may be recommended before your travel departure date.
Your safety and enjoyment is important to us and we strongly recommend that you and any third parties you book for obtain an appropriate travel insurance policy. A travel insurance policy may help cover any costs associated with cancellations, medical and repatriation expenses, personal injuries or accidents, death, loss of personal baggage or money, and personal liability insurance.
It is your responsibility to ensure that you are adequately protected by an appropriate travel insurance policy. We recommend you refer to the Australian Government advice on SmartTraveller in relation to travel insurance. If you are declining travel insurance with Emma Whiting Travel a signed insurance waiver form will be required. If you are relying on travel insurance that is part of your credit card benefits, it is crucial that you obtain a copy of the policy wording. We will ask you for the emergency phone number and policy number relevant to your Travel insurance policy prior to your departure.
We act as a distributor for Go Insurance, NIB Insurance and Covermore Insurance, and receive a commission which is a percentage of your premium.
In the event of a travel insurance claim, we will need to charge an insurance claim fee for any documentation required, as paperwork for insurance claims is notoriously detailed and complicated. Insurance claim assistance fees are outlined in the schedule of fees in section 6 of these Booking Conditions.
For international and domestic bookings, documentation will be issued upon payment and completion of the booking process. All travel documentation will be available for collection at least one week prior to departure. We cannot be held responsible if any e-tickets do not arrive due to an incorrect email address or spam settings. You must notify Us immediately if you change your contact details after making a booking, or if you have not received your e-ticket confirmation.
Please advise your consultant of your Frequent Flyer membership details for inclusion in your booking. We do not offer advice on Frequent Flyer eligibility on flights that we advertise or that you have booked. For more information on whether your airfare is eligible for Frequent Flyer rewards, you must contact the Travel Provider directly. We do not take any responsibility should a Travel Provider fail to register your trip. We recommend that you retain copies of your airline ticket and boarding pass as a record.
We will communicate any special requests that you have in relation to your Travel Product(s) but we make no guarantee that the Travel Provider will accommodate them.
Until further notice we are unable to book flights redeeming frequent flyer or loyalty points and recommend that these are booked directly through the airline.
We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto our website.
The applicable terms that apply to you are the Booking T&Cs that were in effect at the time you made your booking with us.
You acknowledge that the inclusion of links on our website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that our website or any linked website will be free from viruses, or that our Website or any linked website will be uninterrupted.
All matters arising out of or in connection with the Booking & Advisory Services and these terms and conditions are governed by the laws of Victoria, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of Victoria, Australia.
Emma Whiting Travel collects your personal information to enable us to provide you with the Booking & Advisory Services and the Travel Products, including assisting in arrangements with suppliers (such as hotels and airlines). We will also use your personal information to personalise the service we provide you, including your experience on our and other websites, and provide you with information about our and our partners’ products and services. Your information may be disclosed to suppliers, Travel Providers, our website manager, our contractors and others where authorised or required by law. For further information, including how you can request access to and correct your personal information or complain about a breach of your privacy, please see our privacy policy here.
