Please read the following “Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to “us”, “we” and/or “our” in these Booking Terms and Conditions shall mean the Independent Travel Consultant as set out in your quote, tax invoice and/or itinerary (as applicable). References to “Infinity Holidays” in these Booking Terms and Conditions shall mean Infinity Holidays and its wholly owned subsidiaries. References to “you” and “your”, in these Booking Terms and Conditions shall mean the customer.
By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with us (in-person, over the phone or by email). The contract formed under these Booking Terms and Conditions is with us, and not any other party, such as Infinity Holidays or any travel service provider (such as an airline).
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 Terms and Conditions.
Passports & Visas
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let us know. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to or transiting through the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
If you are travelling to or transiting through Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. It is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact us to confirm when your travel documents will be ready for collection.
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. We can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer’s Financial Services Guide (“FSG”)/Product Disclosure Statement (“PDS”).
Travel Advice incl COVID19
We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
We strongly recommend that you familiarise yourself with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au/.
In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel.
You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smartraveller.gov.au).
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact us for up-to-date prices.
We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements
Supplier change and cancellation fees
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
We act as an agent for, and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. We do not act as an agent for, and are not authorised to enter into any agreement with you on behalf of, Infinity Holidays.
Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
To the extent permitted by law, we do not 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 third party providers over whom we have no direct control, force majeure, supplier insolvency or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). 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).
Without limiting ‘Liability’ section above, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product or service you have booked due to that third party provider becoming insolvent or being 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.
Monies not held in trust
You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be a debt due and payable to the travel service provider in accordance with the payment terms agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms agreed with that IATA airline. In the event we still hold the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
Modifications of these terms and conditions
We reserve the right to modify any of these Booking Terms and Conditions (including the ITC Travel Credit terms and conditions) at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking with us
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.
You acknowledge that you are 18 years of age or older and that you understand and agree with the above Booking Terms and Conditions.
These terms were last updated on 20 October 2023.