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) however caused and which is suffered directly or indirectly in connection with the:
(a) use of (or inability to use) this Website, the Booking & Advisory Service 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. Internet bookings must be paid in full at time of booking.
21. All pricing on this Website is reflected in Australian Dollars unless otherwise specifically denoted on the screen.
22. 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.
Changes in Price and Itineraries for Travel Products
23. 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.
24. You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The price of your Travel Product may 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 after you have paid all or part of the quoted price for your Travel Product.
25. If we have to change any part of your booking for reasons beyond our 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 will 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
26. We will not provide you with a refund for the Booking & Advisory Services if the Travel Product is not used.
27. Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider.
28. 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 for the Booking & Advisory Services subject to these terms and conditions including the application of any cancellation fees.
Cancellations and amendments
29. If you cancel your Travel Product, we reserve the right to charge a minimum cancellation fee of AUD110 per person per booking for international departures.
30. If you wish to amend your Travel Product, we reserve the right to charge a minimum amendment fee of AUD110 per person for international bookings and AUD33 per person per booking for domestic bookings.
31. 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.
32. Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges.
Your obligations and warranties
33. 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.
34. 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.
35. 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.
36. 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
37. 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.
38. 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
39. 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
40. 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 Queensland. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Queensland in all matters arising out of or in connection with your use of this Website and terms.
DEFINTIONS
"We" and "us" means Lake Archer Pty Limited (ABN 70 874 231 717), trading as Departure Point. "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 visasdirect.com.au you need to ensure that you have at least 6 months validity on your passport from the date of your departure return. (Validity should read from the date that they return to Australia)
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: www.cbp.gov/etsa.
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 departures, 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 Provider 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 bookings, please advise the Call Centre of 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.
Low Cost Carrier Bookings
If you have booked with any of these airlines and you wish to amend or cancel your booking, you MUST contact the Call Centre on 1800 075 516.
We also recommend that you contact your Low Cost Carrier directly at least 72 hours prior to departure of each flight to reconfirm.