TEAMS & CONDITIONS
EleVacation ABN 96 161 372 182 is a division of the company Travelcation Pty Limited ABN 46 619 808 392. Travelcation is an ATAS accredited Travel Agent and a member of AFTA & IATA. We sell and facilitate various travel arrangements and services on behalf of our Principals. Our principals are airlines, tour operators, hotels, cruise lines, other transport operators, other accommodation providers and other principal suppliers.
Table of Contents:
- Travel Insurance
- Travel Advice
- Passports and Visa Requirements
- Special Requirements
- Voluntary Changes and Cancellation Fees
- Involuntary Changes
- Service Guarantees
- Service Fee
- Agency Relationship
- Travel Documents
- Schedule Changes
- Force Majeure
- Monies Not Held on Trust
- Changes to these Terms and Conditions
- COVID-19 Related Conditions
Unless otherwise stated, purchases made through EleVacation are subject to these Terms & Conditions. No variation to these Terms & Conditions shall be of any effect unless made in writing by and with the authority of EleVacation.
Because our Terms & Conditions contain legal obligations, please read the following terms and conditions carefully. You must not make any booking unless you understand and agree to the following Terms and Conditions. References to “us”, “we” and/or “our” in these booking Terms and Conditions means EleVacation ABN 96 161 372 182.
You acknowledge that the person making the booking has the authority to act on behalf of any other person included on the booking and that person is also bound by these Terms and Conditions.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use EleVacation content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of EleVacation is expressly forbidden unless authorised by EleVacation.
Under no circumstances will EleVacation or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of EleVacation regardless of the form of action.
EleVacation and its agents and suppliers shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any service provider, carrier or other company or person providing services included in your itinerary.
Furthermore, EleVacation and its agents and suppliers accept no responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restraints, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
EleVacation content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to EleVacation website, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
At EleVacation we check the details about all the products and services we offer for accuracy. However, EleVacation does not warrant that functionality, content or information contained on the website will be uninterrupted or error-free, that defects will be corrected, or that EleVacation or the servers that make it available are free of viruses or bugs.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable because of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- Travel Insurance:
We recommend all passengers have adequate travel and medical insurance. EleVacation and its staff and contractors shall not be liable for any illness, injury, damages, loss of property or delay whatsoever caused to the passenger whilst engaged on these tours or any related activity.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. The insurance cover offered by credit card companies or reciprocal medical cover agreements is often not comprehensive.
- Travel Advice:
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.
- Passports and Visa Requirements:
All international travel requires the traveller to have a valid passport with at least 6 months validity beyond the period of intended stay. Some countries require a longer validity. Permanent residents travelling on a foreign passport must hold a Resident Return Visa to re-enter Australia. We recommend that you check the entry requirements of the countries you plan to visit or transit, including all visa requirements, with the relevant foreign embassy or consulate. It is your responsibility to supply your full name as per your passport to your EleVacation agent. Incorrect names will incur cancellation and/or change fees.
Australia is on the US Visa waiver program and an online application will need to be completed at https://esta.cbp.dhs.gov/esta/esta.html a minimum of 4 days prior to travel. The cost for this visa waiver is USD$14.00
Australia is on the Canada Visa waiver program and an online application will need to be completed at http://www.canada.ca/eTA a minimum of 4 days prior to travel. The cost for this visa waiver is CAD$7.00
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel 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. We strongly recommend that you obtain a letter from your medical professional listing any medications that you may be travelling with. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).
All prices are subject to availability and can be withdrawn or varied without notice. Please note that prices quoted are subject to change during the search and booking process. Price changes occur due to matters outside our control, which may increase the cost of the product or service. The price and the service are only guaranteed when paid in full.
Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; park permits, any items of a personal nature, additional taxes not mentioned in the price; and any beverages or food not specifically listed under “Inclusions” on the product pages of EleVacation.
- 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.
- Voluntary Changes and Cancellation Fees:
A booking consists of one or more confirmed services. Each service has a unique confirmation. Some services cannot be changed after a confirmation has been issued and you are advised to check this before you book (non-cancellable).
Note: Except as noted below, all changes are treated as Voluntary Changes.
Once a booking confirmation has been issued, any subsequent change to that booking and/or cancellation of the service (except where noted below), will be regarded as a “Voluntary Change” and may incur a fee up to 100% of the amount paid.
To ensure that you are aware of the potential costs of changing or cancelling a booking, we always disclose the cancellation fees before you book.
All other change requests and amendments are subject to availability by our suppliers and/or service providers; EleVacation cannot guarantee the success of any change request.
In addition, the following changes may be treated as a Cancellation:
- Change with the same operator.
- Changing to different operator.
- Adding to or removing options on an existing booking.
- Additional or fewer days for a service.
- Removing 1 or more passengers from an existing booking where one or more remaining passengers are still utilising the service.
- Date change.
- Name change.
It is not possible to change or modify a special event, theatre or show ticket, non changeable hotel rooms, tours, transportation or flights. Sales of these tickets are final and cannot be changed once your original purchase is confirmed.
Subject to your refund and remedy rights under the Australian Consumer Law, the following Change and Cancellation fees apply to all bookings:
- If you voluntarily change or cancel a confirmed booking, there is a minimum fee that may be applied.
- If you “no-show” for a service, you will be charged a 100% cancellation fee.
- In many cases, such as a name or date change, it may be easier for you to contact the service provider directly, as they may not impose a fee.
If you wish to change or cancel a booking, you must contact our Customer Service Team via email at firstname.lastname@example.org. Any fees for a requested change must be paid before the change can be confirmed.
We always disclose the change and cancellation fees before you book. You should familiarise yourself with the cost of changing or cancelling every booking, as it may not always be the same.
- Involuntary Changes:
If an operator fails to provide you with the service due to unforeseen circumstances and their terms and conditions allow it, you will receive a full refund. You must check before purchasing any of our services, as some operators will only provide an alternative service and future credit and not a refund.
Where you seek a refund for a cancelled booking for which payment has been made by us to the supplier, we will not provide a refund to you until we receive the funds from that supplier. Refunds may take up to six (6) weeks to process. Any change or cancellation fees will be deducted from the amount to be refunded.
Payment can for online bookings can be made by MasterCard, Visa and American Express.
We currently do not charge any additional credit card fees for tours and activities booked via our online booking platform. For all other manual itineraries and payment of invoices a 1.8% fee applies for credit card payment when paying by our secure payment gateway at travelcation.com.au/payment. No fee applies for direct deposits payments.
You authorise us to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
Many banks and credit/debit card companies charge their account holders a transaction fee when the card issuer and the “merchant location” (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction.
These fees may be applied by the card issuer as a charge to the cardholder’s account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for the booking. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
- Service Guarantees:
Our booking and advisory services come with a guarantee that:
- they will be provided with due care and skill;
- they will be reasonably fit for the specified purpose;
- they can reasonably be expected to achieve the desired result;
- they will be provided within a reasonable time.
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
- Service Fee:
In some circumstances a service fee for processing may be charged. These fees are in addition to any supplier fees. Check with your EleVacation agent if any such service fee applies.
- Agency Relationship:
EleVacation acts as a travel provider. We sell various travel related products on behalf of numerous transport, accommodation and other service providers, such as coach, tour and similar operators. Our obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and the travel service providers. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made on your behalf are subject to the terms and conditions and limitations of liability imposed by these service providers. Your legal recourse for travel services is against the specific provider and not us. If for any reason (excluding fault by us), any travel service provider is unable to provide the services for which you have contracted your remedy lies against that provider and not with 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 or any other event which is beyond our control and which is not preventable by reasonable diligence on our part. Under circumstances where liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the value of the purchased travel arrangements. Nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
- Travel Documents:
Travel documents include (without limitation) 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. An incorrect name on a booking may result in an inability to use that voucher and the booking may be subject to cancellation. This is classified as a Voluntary Change.
Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. You should print out and retain your travel documents as provided to you.
- Schedule Changes:
Occasionally our suppliers and/or service providers make changes to tour dates, start times or durations. We recommend that you contact the service provider to confirm your scheduled service prior to the expected start time of the service.
- Force Majeure:
EleVacation will not be in breach of these terms and conditions as a result of or liable for any loss suffered by you or any other traveller on the booking to the extent that loss is wholly or partially caused, directly or indirectly, by an event of force majeure or any act or omission of you or any traveller.
An ‘event of force majeure’ means any occurrence or omission outside a party’s control and includes acts of God, a physical natural disaster, natural catastrophes, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, terrorist act, fire, explosion, national emergency, declaration of martial law, breakdown of communication facilities, generalised lack of availability of raw materials or energy, epidemic, pandemic or quarantine, outbreaks of infectious disease or any other public health crisis, restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of these terms and conditions, other governmental acts or omissions, strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s contractors.
- Monies Not Held on Trust:
All monies paid by you to us will be the property of EleVacation and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. 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.
- Changes to these Terms and Conditions:
EleVacation has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.
These terms and conditions were updated on 22 October 2021.
- COVID-19 Related Conditions:
For bookings made on or after April 2020, we advise you to consider the risk of Coronavirus (COVID-19) and associated government measures. If you don’t book a flexible rate, you may not be entitled to a refund. Your cancellation request will be handled by the operator of service based on your chosen policy and mandatory consumer law, where applicable. During times of uncertainty, we recommend booking an option with free cancellation only. If your plans change, you can cancel free of charge until free cancellation expires.
- EleVacation does not charged any additional fee for cancellation due to COVID related border restriction and mirrors any terms and condition of the operator for your product and services.
- EleVacation is not responsible for any cancellation charges enforced by the operator.
- Any date change due to COVID may have a difference in price (higher or lower). This may be due to seasonality or different rates on weekdays versus weekends. EleVacation is not responsible for any additional cost and the difference in price needs to be paid before new documents can be issued.