You must not make any booking unless you have read, understood and agree with these booking terms and conditions (“Agreement”). References to “us”, “we”, “our”, or “Plan B” herein shall mean Plan B Logistics Nominees Pty Ltd (a company registered in Australia). This Agreement is between Plan B and you for your booking and associated travel management services (including our website services and facility to enter into transactions with third parties) (“Services”) and you agree to be bound by the terms and conditions contained herein. Plan B is only willing to supply Services on the terms and conditions herein and your continued receipt or use of the Services indicates your agreement to these booking terms and conditions.
Prices
All prices are subject to availability and can be withdrawn or
varied without notice. Prices quoted are subject to change, which may
occur by reason of matters outside our control which increase the cost
of the relevant product or service. Such factors include currency
fluctuations, fuel surcharges, taxes and airfare increases. Please
contact your consultant for up to date prices.
Refunds, Changes & Cancellation Fees
We are unable to provide a refund to you unless and until we
receive the funds from the relevant supplier. Many airline fares are
non-refundable. Cancelled bookings will incur a cancellation fee and
this fee can be up to 100% of the cost of the booking, regardless of
whether travel has commenced. Fees and extra charges will apply where a
booking is changed. Fees and extra charges will also apply when tickets
or documents are re-issued. Where we incur any liability for a
cancellation fee or charge for any booking which you cancel, you agree
to indemnify us for the amount of that fee or charge.
Deposit and Final Payment
You will be required to pay a deposit(s) when booking, such amount
and timing to be advised by your consultant. All deposits are
non-refundable. Final payment is required no later than 6 weeks prior to
departure unless otherwise stated by us. Some airfares or services must
be paid in full at the time of booking. All payments are to be made in
Australian dollars.
Payments by Credit Card
Credit card surcharges will apply when paying by credit card. If
for any reason any travel service provider is unable to provide the
services for which you have contracted, your remedy lies against that
provider, and not against Plan B and in the event that payment has been
made to Plan B by credit card, you agree that you will not seek to
charge back your payment to Plan B. If payment is not received from the
card issuer or its agents for any reason, you agree to pay us all
amounts due on demand. For any payment by credit card, airline tickets
and other documentation will not be issued until authorisation has been
obtained from the relevant card company. Any confirmed booking is
subject to your credit card approval for the transaction. In an
eventuality where your credit card is not approved we will attempt to
contact you but hold no responsibility for any subsequent non provision
of services in the event we are unable to establish contact with you.
Any credit card fee is charged by Plan B as merchant and not as an agent for any other party.
Payments by B-Pay
Please note that BPAY takes up to 3 business days to process. If
you are paying by this method you will need to make the payment at least
3 business days prior to the actual due date. You must notify your
consultant of your payment once it has been made.
Payments by Cheque
Please note cheque payments (including bank cheques) require up to
5 business days to process. If paying by this method you will need to
make the payment at least 5 business days prior to the actual due date.
You agree not to stop payment of the cheque even when you cancel a
booking. You agree that we may apply proceeds of cheque to satisfy any
liability you have to us, including any liability in respect of
cancellation fees, before refunding balance to you.
Taxes
Airline taxes are subject to change and are confirmed at the time
your airline ticket is issued. There may also be a local tax charged at
some airports. Unless otherwise stated, all charges and other amounts
payable are exclusive of GST. If GST becomes payable on any supply made
or provided, on which GST is not payable at the date of this Agreement,
you will pay us (or third party provider as the context permits) an
additional amount equal to value of consideration for the supply
multiplied by the prevailing GST rate. For non residents booking
domestic flights in Australia, GST is still applicable in circumstances
where your domestic ticket is booked and ticketed separately to the
international portion of your ticket or where it is subsequently
separately booked and ticketed, the domestic booking is not cross
referenced to the international booking
Bookings
We reserve the right at our absolute discretion to decline or
accept bookings made from outside Australia. Any automatic booking
confirmations for such bookings are conditional, contingent on our view
of any financial risks, potential ticket despatch delays, or applicable
international regulations
Plan B makes no representation that its airline price sales are
identical to prices on individual airline sites that may exist from time
to time.
Travel Insurance
Travel Insurance is strongly recommended by the Department of
Foreign Affairs and Trade for all overseas travel. Although we are not
the provider of the travel insurance, we strongly urge you to obtain
travel insurance and if you decline travel insurance you may be required
to sign a disclaimer. We do not provide financial service advice.
Agency
Plan B acts as an agent only. We sell various travel related
products and services on behalf of numerous transport, accommodation and
other service providers, such as airlines, coach, rail and cruise line
operators. Plan B’s obligation is to make travel bookings on your behalf
and to arrange relevant contracts between you and travel service
providers. We are not the provider of such products or services (which
do not form part of the Service) and our role in relation to your travel
arrangements is limited to facilitating your booking and arranging
travel documentation, payments and refunds as applicable. Accordingly,
we have no responsibility for these products and services nor do we make
or give any warranty or representation regarding their standard,
reliability, accuracy or suitability. All bookings are made on your
behalf subject to the terms and conditions (including limitations of
liability) imposed by these service providers and you should carefully
read such terms and conditions before finalizing your travel transaction
as they will govern your purchase and booking. As your contract will be
with the third party provider (and not Plan B), any legal recourse or
claim shall be made against the specific provider (and not Plan B). If
for any reason, any travel service provider is unable to provide the
products and services for which you have contracted your remedy lies
against the provider and not with Plan B.
You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service. We do not endorse or recommend any particular travel service provider and you should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Service.
Liability
We do not accept any liability of whatever nature, whether in
contract, tort (including negligence) or otherwise, for the acts,
omissions or default, whether negligent or otherwise, of third party
providers over whom we have no control. Under circumstances where
liability cannot be excluded, such liability is limited to the supply of
the services again or the cost of the purchased travel arrangements
paid by you. You agree to indemnify us, our directors, employees and
representatives from and against all actions, claims, suits, demands,
damages, liabilities or costs (including legal costs) arising from, or
which is directly or indirectly related to the use of the Services, our
site, or any other products or services accessed via our site. Plan B
shall only be liable to provide a refund to you to the extent that that
it actually receives a refund from the relevant airline or other third
party.
Disclaimer
Services shall be provided without any guarantees, conditions or
warranties as to their accuracy, completeness, reliability, suitability
or currency and they are provided on an “as is where is” basis. Plan B
does not warrant that the Services or your booking will be uninterrupted
or error free, will meet your requirements, nor will they be free from
external intruders (hackers), unauthorised virus or worm dissemination.
To extent permitted by law, Plan B, its directors and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and (b) any liability for any direct, indirect, consequential loss or damage or lost profits incurred by you or any end user in connection with the Services, including, without limitation any liability for loss of income or revenue; loss or interruption of business; loss of profits; loss of anticipated savings; loss of data; loss of goodwill; wasted management; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Special Requirements
Please liaise with your consultant regarding any special
requirements you may have for your travel arrangements such as special
meal and seating requests.
Frequent Flyer
Please advise your consultant of your frequent flyer membership
details for inclusion in your booking. Please check your frequent flyer
program for the specific terms of your membership. We cannot guarantee
that the supplier will credit you with points for your booking.
Passports & Visas
It is your responsibility to ensure that you have valid passports,
visas and re-entry permits which meet the requirements of immigration
and other government authorities of the relevant destination(s). A valid
passport means the passport must be valid for a set minimum period
beyond your travel dates and is often variable depending on the country
you visit. Any fines, penalties, payments or expenditures incurred as a
result of such documents (or lack thereof) not meeting the requirements
of those authorities will be your sole responsibility. You must have a
valid and current passport for international travel and many countries
require at least 6 months’ passport validity from the date of return and
some countries require a machine-readable passport. If you need
information regarding visa and other travel document requirements for
your trip please let us know. We can obtain such information from an
external visa advisory service provider on your behalf. We do not
warrant the accuracy of such information and accept no liability for any
loss or damage which you may suffer in reliance on it. If you wish, we
can obtain visas for you through this external service and fees will
apply.
If you are travelling to the United States please see https://esta.cbp.dhs.gov for information regarding compulsory pre-registration for their visa waiver program. Please note, you may not meet the requirements of ESTA and may be required to obtain a visa.
All matters relating to complying with the laws and regulations of all immigration authorities are solely your responsibility.
Travel Advice
For travel advice, we recommend that before travelling you contact
the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au
for any applicable advisories relevant to your booking. As well, please
note that Government legislation prohibits the carriage of dangerous
goods on aircraft. To view what these are and what is permissible to
carry please go to: http://casa.gov.au/dg/luggage/index.htm http://casa.gov.au/dg/luggage/dgtable.htm
Health
You must ensure that you are aware of any health and vaccination
requirements for your travel and ensure that you carry all necessary
vaccination documentation. Please check with your local doctor or
specialist vaccination clinic.
Travel Documents
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
service provider. Travel documents may be subject to certain conditions
and/or restrictions including (without limitation) being non-refundable,
non-date-changeable and subject to cancellation and/or amendment
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 and it is your responsibility to provide
us with the full name as it appears in your passport. An incorrect name
on a booking may result in an inability to use that booking and the
booking being cancelled. Any errors in names, dates and timings on your
documentation will be your responsibility. It is your responsibility to
collect all travel documents from us prior to travel. As a general rule
your travel documents may be available for collection 2 weeks prior to
departure, however this will depend on your individual arrangements and
requirements. Please contact your consultant to confirm when your travel
documents are ready for collection.
Privacy Policy
Plan B is committed to protecting your personal information. We
process information about you in accordance with our privacy policy. By
using our products or services or making a booking, you consent to such
processing and you warrant that all data provided by you is accurate.
You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using the Service. We may also provide such personal information to third parties as is required to complete your booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to our privacy policy. You authorise our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorise our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges.
Monies Not Held On Trust
All monies paid by you to us will be the property of Plan B and
will be a debt due and payable to the travel service provider once the
corresponding services have been provided or the booking is made
(whichever is earlier). You agree and acknowledge that such monies 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.
Intellectual Property, Software and Confidentiality
Plan B retains copyright and all other intellectual property
rights in: (a) all code, material, data, know-how and anything else
generated, in course of providing (directly or indirectly) the products
or services; and (b) all intellectual property rights (whether comprised
within the Plan B booking engine, portal, software, HTML code or
otherwise) existing prior to the provision of the Services.
When you access the Plan B site, you are using software which is
owned by or licensed to Plan B and Plan B thereby grants you a personal
non-exclusive license to use the software associated with the Plan B
site for the duration of your site visit and for the sole purpose of
making airline, car hire or accommodation enquiries and bookings. This
licence does not permit you to use our site (or the software contained
therein) for the purpose of "carrying on a business as a travel agent"
within the meaning of Australian State and Territory laws regulating
travel agents, unless you are a licensed travel agent under such laws.
Any other use, commercial or otherwise, of the software or information
on the site without the express written permission of Plan B is strictly
prohibited, including any reproduction, data extraction processing or
otherwise. You must not disassemble, decompile, reverse engineer the
whole or any part of the software accessed by means of the Service
Save as required by law, you shall not disclose any confidential
information relating to Plan B or its affiliates obtained during or
arising out of this Agreement, to anyone (except your employees on an as
need basis). You shall procure that anyone receiving benefit of
products or services, whether employees or otherwise, comply with these
terms as if they were a party to this Agreement.
Events Beyond Our Control
We are not responsible or liable in contract, tort
(including negligence) or otherwise for any injury, damage, loss
(including consequential loss), delay, additional expense, suspension,
failure or inconvenience arising out of or caused directly or indirectly
by any event or circumstance which is beyond our reasonable control,
including but not limited to, acts of God, governmental actions, labour
difficulty, war or national emergency, terrorism, fire, explosion,
flood, an act or omission of a third party, inability to obtain any
materials, equipment, facilities or services, failure of performance
provided by others, internet interruption or virus, breakdown software,
hardware or communication network.
Variation
We may revise or change these terms and conditions at any time by
amending this page, which amendment shall take effect from the time of
posting. You are expected to check this page from time to time to take
notice of any changes we made, as they are binding on you. Some of the
provisions contained in these terms and conditions may also be
superseded by provisions or notices published elsewhere on our site. By
continuing to use the Services, you agree to be bound by such revisions
and changes.
Governing Law
This Agreement (and your booking) and any dispute or claim arising
out of or in connection with same shall be governed by and construed in
accordance with the laws of Victoria, Australia and parties submit to
the exclusive jurisdiction of that State.
