Booking & Advisory Services – Terms and Conditions
Summary
References to “us”, “we” and/or “our” in these Booking & Advisory Services Terms and Conditions means My Taiwan Escape as Digital Travel Pty Ltd.
We are a travel agent. We arrange travel services and sell a Travel Product on behalf of Third Party Travel Providers (Providers) including airlines, tour and cruise operators, car hirers and accommodation providers. We may charge a service fee for providing this service.
Once we have booked a Travel Product on your behalf, your contract is then with the Provider of those services.
Your rights to amend or cancel your Travel Booking and the cost of doing so will be governed by the Provider’s terms and conditions. The Provider’s terms and conditions may be non-refundable or may have amendment and cancellation fees. It is important that you understand this when entering into a contract with us. These fees are in addition to amendment and cancellation fees charged by us, outlined in the Schedule of Professional Service Fees.
Agency
We provide you with Booking & Advisory Services that allow you to acquire Travel Products from a Provider. We act as agent for the Provider. By acquiring Booking & Advisory Services from us, you agree that you have read and understood our terms and conditions and the terms and conditions of the Providers.
Fees
We may 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 in the Schedule of Professional Service Fees.
Liability of Agency and Limitations of Liability
We are liable to you for providing Booking & Advisory Services in accordance with these terms and conditions.
Our travel Booking & Advisory Services come with guarantees under the Australian Consumer Law which cannot be excluded. These guarantees include that the services:
a. will be provided with due care and skill;
b. will be reasonably fit for the specified purpose;
c. can reasonably be expected to achieve the desired result; and
d. will be provided within a reasonable time.
If we do not meet any of the expectations set out in the paragraph, you have rights under the Australian Consumer Law.
Subject to the Australian Consumer Law, we are not liable for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
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 for any loss or damage which is suffered directly or indirectly in connection with the:
a. the delivery or non-delivery of the Travel Product; or
b. any act or omission of Providers or other third parties.
Apart from the rights you have under the Trade Practices Act that cannot be lawfully excluded, we shall not be liable for any inconvenience, delay, loss, death, injury or damage to you or your belongings or otherwise caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party suppliers, force majeure or any other event which is beyond our control.
Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection law.
Liability of the Provider
Once you have acquired Booking & Advisory Services from us, we will provide you with the Travel Product on the terms and conditions agreed between you and the Provider. You should obtain and read the Provider’s terms and conditions before acquiring Booking & Advisory Services from us.
The Provider is liable to you for a breach of obligations in providing you with the Travel Product.
As an agent of the Provider, we have no control over or liability for, the services provided by Providers. We cannot guarantee the performance of the Provider and we have no liability in respect of the supply of any Travel Products including any liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any provider of travel services or products by Providers. All bookings with us are subject to the terms and conditions and limitations of liability imposed by the Provider.
Booking Terms
The Travel Products offered are subject to availability and can be withdrawn without notice by the Provider. Travel Products may also change at any time in accordance with the Providers terms and conditions.
When making a booking, you must provide details of each traveller correctly. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s details.
Travel Products obtained through the Booking & Advisory Services are not guaranteed until payment has been made in full and documents have been processed.
It is your responsibility to contact us prior to departure if there is a change to the scheduled departure time.
We offer only electronic confirmation of your reservation, or ‘e-docs’. We cannot be held responsible if your e-docs does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-docs confirmation.
When making a booking you must advise your consultant of any medical, dietary or mobility conditions you may have, or if you are pregnant.
Payment Terms
All pricing is reflected in Australian Dollars (AUD) unless otherwise specified.
All pricing is inclusive of goods and services tax (GST), or other such value added taxes where applicable.
Federal Legislation conditions that as of from 1 January 2020, we are unable to accept cash payments of $10,000 or more per booking. Cash payments of less than $10,000 per booking are accepted.
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.
All charges, including the credit card fees, may be in another currency (e.g. TWD), which we will provide an estimate for in Australian dollars.
Refunds and Credits
If you cancel your Travel Product, your right to a refund or credit is subject to the terms and conditions of the Provider.
If the Provider is required to provide you with a refund or credit for the Travel Product, we will liaise with the Provider to arrange that refund. Where you are entitled to a refund, we are unable to provide you with this refund until we receive it from the Provider. Please note that most Providers take up to 45-60 days to process any refund.
Any refund or credit will be subject to these terms and conditions and will not include the Booking & Service Advisory fee, credit card fees or any commissions received. You may also be charged a cancellation fee by the Provider.
Where refunds for unused services are allowed, a service fee may be charged by the Provider against the value of the refund. Many Travel Product has been partially used are non-refundable.
It is your responsibility to cancel the unused Travel Product directly with the Provider or to notify My Travel Escape. Failure to do this could result in the entire booking being cancelled and you may not be eligible for a refund.
No Show
If you have a booking for a Travel Product (including flights and accommodation) but you do not show up to check-in or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us.
Cancellation and Amendments
If you amend or cancel your Travel Product, we reserve the right to charge the cancellation and amendment fees as per Booking Conditions pages.
The Provider may charge cancellation and amendment fees in accordance with the terms and conditions agreed between you and the Provider. These will be in addition to the fees charged by us. We are not liable for any cancellation fees or refusals to refund made by the Provider.
Many Providers treat name changes and route and/or itinerary alterations as a full cancellation and these can incur full cancellation charges.
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 due to our fault.
Force Majeure
We will not be liable for any failure or delay in performing our obligations in booking the Travel Product that is due to events beyond our control.
If a force majeure event occurs that affects your booking, your entitlement to a refund, a credit or re-scheduled travel booking will depend on the Provider’s terms and conditions.
If your booking is impacted by a force majeure event and you are entitled to a refund or credit from the Provider, we will facilitate this refund or credit.
The Booking & Service Advisory fee, credit card fees or any commissions received are non-refundable in the circumstance that a force majeure event occurs.
Changes in Price and Itineraries
We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent.
If a Provider changes any part of your booking for reasons beyond its control, we will use 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. Any refund would be subject to the Travel Provider terms and conditions.
These terms and conditions are subject to variation at any time. Any variation will be displayed here, and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.
Your Obligations and Warranties
You warrant to us that:
a. you are at least 18 years old and have the power, capacity and authority to enter into a binding contract with us and with the Providers of the Travel Products that you acquire;
b. you have read and understood these terms and conditions and if booking on behalf of third parties, you have conveyed these terms and conditions to them;
c. the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process;
d. you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover; and
e. 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.
Jurisdiction and Law
All matters arising out of or in connection with the Booking & Advisory Services and these terms and conditions are governed by the laws of Queensland, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of Queensland, Australia.
