The terms set out below (Agreement) govern the relationship between you (You or Your) and Premium Points Travel ABN 76 136 351 932 (Premium Points).
You agree that by paying the Fee to Premium Points or instructing Premium Points to search for, or acquire for You, any travel services, You are bound by the terms of this Agreement. You further agree and warrant that if You are using the Services for or on behalf of any other person, including children, personal representatives or any other entity, You act in both Your own capacity and as agent for that person or entity.
Services.
Premium Points will search travel arrangements for You and, where requested, provide travel booking services to You (Services). The Services may include the use of “points” to grant access to reduced travel prices or other incentive arrangements sponsored or promoted by third parties.
You acknowledge that Premium Points only provides the Services, being the booking services (which may include the use of “points”) and that all other travel services and / or products You book, acquire or engage, including flights, other transport, rentals or hire vehicles, accommodation, insurance, currency exchanges or any other travel or related service directly or indirectly from third parties (Travel Suppliers) are not provided by Premium Points.
You understand and agree that results are not guaranteed by Premium Points nor is Premium Points responsible for acts or omissions of any third party (including Travel Suppliers) or their failure to provide services or products to You.
You agree in Your own capacity, and on behalf of any person for whom You are using the Services for, that should any Travel Suppliers: 1) fail to provide the travel services purchased; 2) fail to comply with any applicable law; 3) engage in any negligent act or omission that causes any sort of injury, damage, delay or inconvenience; or 4) impose additional price increases or restrictions on participation or entry, You hold Premium Points harmless and release Premium Points from any claim of any nature. Your agree that Your claim, should You have one, lies with the relevant Travel Supplier.
Fee.
You must pay the full price Premium Points provides to You (Fee). The Fee is subject to availability and can be withdrawn or varied without notice.
Premium Points may require You to pay a deposit when booking as a partial payment of the Fee.
Once a quotation is provided to You for the Service, You must pay immediately if You wish to secure the quoted price, travel dates and type of travel. Premium Points cannot guarantee a quoted price for any duration of time.
Premium Points may receive remuneration from Travel Suppliers or other third parties arising from the Services.
Unless otherwise agreed in writing by Premium Points, You must make all payments to us by way of electronic funds transfer. Payments made by credit or debit card may incur a surcharge.
Client Prerequisites.
You must review all travel documents for accuracy upon receipt. It is Your responsibility to ensure You have all travel documents necessary for Your travel, including (as required) valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. All fines, costs, penalties, payments, expenditures or disruption to Your travel or prohibition to entry is Your sole responsibility. You are required to ensure all information on all travel documents is correct and up to date. If any information is not correct, You must contact us in writing to rectify the incorrect information. We are not liable for any information which is incorrect.
Credit Card Authorization.
By providing Premium Points with payment via debit or credit card, You authorise Premium Points to collect such payments and place payments with relevant Travel Suppliers. Any refunds that might be made from time to time, will go back to original form of payment.
Travel Insurance.
Premium Points strongly recommends that You acquire travel insurance to cover Your travel arrangements. The Services do not include insurance and Premium Points is not liable for any loss, damage or cost arising from the lack of travel insurance or incomplete travel insurance.
Company Information.
Premium Points provides information relating to the Services as provided by Travel Suppliers. You acknowledge and agree that all such is solely for general information purposes and that Premium Points does not warrant the accuracy, completeness, or usefulness of this information. Premium Points disclaims all liability and responsibility arising from any reliance placed on such information including any information relating to health, safety, security, political stability, and labour or civil unrest at Your chosen destinations.
Health Information.
You must ensure that You are aware of any health requirements and recommended precautions relevant to the Services and ensure that You carry all necessary vaccination documentation. Premium Points is not liable in any manner for any communicable disease including COVID-19.
Image Release.
If You provide us images, videos or photographs (collectively “Images”) relating to the Services, You agree we may use such Images in the promotion of Premium Points on a permanent royalty free and fee free basis.
Cancellation and Changes.
Premium Points is not liable for any cancellation, change, delay or other alteration to a service or product provided by Travel Suppliers. By using the Services, You understand and agree that You (and any person or entity You book on behalf of) are bound by the Travel Supplier policies, penalties, fees, and terms and conditions. Further, You warrant that you do not hold Premium Points responsible for any Travel Supplier policies, penalties, fees, or terms and conditions.
If You wish to change any or all of the Services (for example by changing dates of travel or travel destinations), You may be liable for additional charges. In particular, if You attempt to change any booked travel it is highly likely You will be required to pay substantially higher fees as only certain flights are suitable for use of “points” and alternative arrangements may not be suitable for “points” which will require You to make a further payment to access such alternative arrangements.
Release and Indemnity.
You release Premium Points, and its officers, directors, employees, contractors, agents, successors and assigns (“Releasees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including legal fees (“Losses”) arising out of or relating to the Services. You indemnify the Releasees from and against any and all Losses incurred as a result of Your breach of this Agreement or any breach of law. Subject to the Australian Consumer Law, You further agree and warrant that in no event does Premium Points have any liability to You for any indirect or consequential damage including lost profits, loss of use, business interruption, costs of procurement of substitute goods or services.
In no event will Premium Points’ liability exceed the Fee paid by You, whether in contract, tort or under any other theory of liability. If our liability cannot be excluded, our liability is limited to the cost of the Services or replacing the Services, at our election.
Liability:
To the extent permitted by law, none of Premium Points, 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 Travel Suppliers This liability clause is subject to Your rights under the Australian Consumer Law 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).
Governing Law.
This Agreement and the provision of the Services to You is governed by the laws of Victoria Australia and the parties submit to the exclusive jurisdiction of those laws. Any dispute or action taken by a party must be commenced only in the courts of Victoria, Australia to be determined by the laws applicable in Victoria, Australia.
Entire Agreement.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, relating to the subject matter hereof.
Amendments and Waivers.
Premium Points may amend this Agreement, by providing 30 days written notice to You, which may be satisfied by Premium Points writing directly to You or publishing an updated Agreement on its website. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision.
Taxes:
Any taxes, including airline, arrival or government taxes, if applicable, are an additional cost payable by You and are subject to change which may not be confirmed until Your airline ticket is issued. Taxes are additional to the Fee and are payable by You.
Liability:
To the extent permitted by law, none of Premium Points, 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 Travel Suppliers This liability clause is subject to Your rights under the Australian Consumer Law and nothing in this Agreement is intended to limit any rights You may have under the Competition and Consumer Act 2010 (Cth).
Travel Supplier Insolvency:
If a Travel Supplier becomes insolvent or is placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law, 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.
Privacy
Premium Points complies with relevant privacy law. You agree that Premium Points may disclose Your personal information to third parties for the purpose of providing the Services and also to provide You with information relating the Services and relating to other travel services and products.
Monies Not Held On Trust:
You acknowledge and agree that all monies paid by You to us will not be held by us on trust for or on behalf of You. We will use such monies in the furtherance of providing the Services to you however we are not bound by any rules of trust. Payments will be made to the relevant Travel Supplier and may include the use of “points”.
Acknowledgement:
You warrant that You are 18 years of age or older and that You understand and will comply with the terms of this Agreement and the terms of our Privacy Policy, as amended from time to time.