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 The Fee is subject to availability and can be withdrawn or varied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.