Terms and Conditions

These terms and conditions form an integral part of your contractual agreement with MyAussieHoliday. They represent the agreement between you and MyAussieHoliday [a trading name of AustraliaOne Pty Ltd ABN 96 085 302 021]. The below is important information and should be read in full as you will agree to these Terms and conditions when booking through the MyAussieHoliday website. 

In these Terms & Conditions, "MAH" stands for "we" or "us". 

General Provision
MAH sells bookings, tickets and other ancillary services for and of transportation, accommodation, sightseeing and other leisure travel activities. These are products and services supplied by third parties. MAH creates holiday packages made up of individual components such as accommodation, transfer, touring, rail and cruise services or regular passenger services such as meals, day tours and tickets for attractions and theme parks and other leisure travel activities which MAH then resells to you

These tourism products and services are operated by third party suppliers whose products and services we book on the basis of your request. As MAH is not a provider of these products and services, MAH has no responsibility for products and services provided or not provided by any third party supplier. Despite rigorous quality control mechanisms that we have in place, MAH does not give and make any warranty or representation regarding the standard of any products or services supplied by third parties.

MAH does neither own nor operate its own tour busses, sightseeing vehicles, cruise vessels, trains, rental vehicles or accommodation establishments. MAH is neither a common carrier nor a private carrier and does not provide itself any of the accommodation, transfer, touring, rail and cruise services or regular passenger services such as meals, day tours and tickets for attractions and theme parks and other leisure travel activities described within this website. MAH acts as your agent in making the necessary arrangements with third party suppliers who will in turn provide travel products and services to you. MAH is not the agent of any third party supplier.

All tickets, coupons, exchange orders, vouchers and receipts are issued subject to the appropriate tariffs and Terms & Conditions of sale of third party suppliers. MAH does not have any responsibility, and extends no guarantees in relation to discontinued promotions, regular and/or ad hoc tourism products and services or specific holiday products. 

Legally binding contract
When booking your package holiday with MAH, legal obligations arise and your right to a refund of monies charged to your credit card or paid in any other way agreed by us, is limited by our terms and conditions and by the terms and conditions of the particular third party supplier of products and/or services requested by you.

You should not make any booking unless you understand and agree to MAH’s Terms & Conditions. Once you make a payment for the booking of tourism products and services of your choice via this website, it is assumed that you have read and understood MAH’s Terms & Conditions and you agree to be bound by them.

Liability
All travel products and services booked by MAH based on your express request are provided by third party suppliers believed by MAH to be reputable and to operate within the standards set down by their local authorities. Travel products and services booked via the MAH website are provided to you subject to the third party suppliers’ limitations, terms and conditions. MAH does not accept any responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those tourism products and services is against third party suppliers and not against MAH.

MAH excludes all liability for any act, omission or default, whether negligent or otherwise, of providers of accommodation, day tour operators, operators of extended tours, rail and cruise ship operators and any other third party suppliers providing products and services pursuant to our package holiday, including [but not limited to] accommodation, regular passenger services, scheduled passenger services, ad hoc scheduled services, meals, day tours, tickets for attractions and theme parks or other products and/or services.

MAH excludes all liability for any loss or damage, delay, death or injury occasioned by the negligence, act or omission of any third party supplier of products and/or services pursuant to our package holiday or other third parties including [but not limited to] accommodation, regular passenger services, scheduled passenger services, ad hoc scheduled services, meals, day tours, tickets for attractions and theme parks or other products and/or services.

Unless requested with MAH, it is your responsibility to ascertain that you have necessary and required transfer arrangements in place to commence the package holiday booked with MAH [eg. airport transfers, transfers to/from railway station, port, marina, harbour, hotel, lodge, resort or otherwise]. Where MAH has not booked and confirmed transfer services for you, MAH can not be held responsible in any way if you do not make a flight, rail, ship, bus, coach or any other service connection as a consequence.

MAH shall not be responsible, and accepts no liability, for dissatisfaction arising from the standard of service provided by any third party supplier of products and/or services pursuant to our package holidays or any other third party.

In circumstances where the liability of MAH cannot be excluded, such liability is limited to the value of the purchased individual service. MAH reserves the right to decline or refuse any booking for any passenger[s] on any day tour or other service without explanation. Should MAH decide to do so, then no further obligation will remain for you or MAH.

Complaints
MAH will always endeavour to ensure that tourism products and services you have booked via this website will be provided as confirmed to you. Should a problem occur, it is always best and most practical to attempt resolution locally and directly with the third party supplier. If you fail to follow this course, any claim for refund or compensation may be limited or declined altogether. If you should still have an unresolved complaint thereafter, details must be lodged with MAH in writing and within 30 days of the last service of your package holiday booked by MAH [please include supporting documentation, including proof of efforts you have made to have the issue resolved locally and directly with the third party supplier].

Illustrations
Images, pictures, photographs, maps and other promotional material used by MAH are for promotion and information purposes only. They do not represent any benefit which will be included in any arrangements requested by you.

Deposit and Final Payment
When MAH confirms your package holiday as requested by you, a security deposit of AUD $100 per person will be charged. The security deposit is non-refundable. You will be notified at the time of booking if any additional deposit payment [including third party supplier advance payment] requirements exist. If payment of the deposit and/or any third party supplier advance payment can not be collected by MAH, the booking will be subject to cancellation without further notice.

The remaining balance for the package holiday is then due no less than 30 days prior to commencement of travel. If MAH has not received your payment by the due date, we reserve the right to treat your booking as cancelled and we will impose applicable cancellation charges.

MAH reserves the right to cancel any ticket or booking or to refuse to carry any passenger where full pre-payment has not been received by MAH within the specified time.

If you book your package holiday within 30 days of travel, the full price of your package holiday is due immediately.

Prices
Prices on the MAH website are per person unless stated otherwise. Prices on the MAH website are inclusive of GST. MAH reserves the right to adjust prices without prior notice should the Federal Government make changes to the GST tax level.

Rate and price changes
The information used by MAH to put together our package holidays, including price information, is derived from external sources, including [but not limited to] third party suppliers of accommodation, regular passenger services, meals, day tours, cruises, rail journeys and tickets for attractions and theme parks [among further products and services] and are therefore subject to change without notice. MAH declines any responsibility for inaccuracies or alterations to information provided by others.

MAH reserves the right to amend published rates on this website in the event of price rises made by third party suppliers. If the cost of any service changes due to price increases, tax changes or any other reason, you must pay the increase when notified.

Thanks to its buying power, MAH purchases most travel and auxiliary services at advantageous to heavily discounted rates. MAH will, wherever possible and feasible, pass on to you any price reduction, discount or more advantageous conditions that we can negotiate. 

Booking Fees
MAH reserves the right to impose booking fees; you will be advised should this be the case. A surcharge applies for credit card transactions; see “Credit Card Surcharge” below.

Credit Card Surcharge
MAH accepts payments by Visa, MasterCard or American Express. A surcharge of 2% applies on all credit card transactions. This fee will be added to the total price of your package holiday. MAH can waive this fee at its sole discretion.

Insurance
MAH does not include in its prices any travel insurance. MAH can neither arrange nor provide travel insurance, but we strongly recommend that you take out comprehensive travel insurance when making a booking via the MAH website.

Cancellation and Refund
Should you have to cancel, amend or postpone any accommodation, regular passenger services, scheduled passenger services, ad hoc scheduled services, meals, day tours, tickets for attractions and theme parks or other products and/or services that you have booked with MAH, this must be done in writing and received by MAH to be effective. The onus will be on you to ascertain MAH is informed of your intentions. If effective notice is received by MAH then the following will apply: 

1.     No refunds will be granted for cancellations after your travel has commenced or any part of your package holiday which you may not have utilised [ie. in case you abort your package holiday]. Please be advised that employees or any other representative of a third party supplier are not authorised by MAH to make any undertakings in respect of refunds.

2.     Only products and services cancelled by the third party supplier due to adverse weather or similar may be refunded upon receipt of a valid voucher and letter of request from you. This will have to be accompanied by a letter of confirmation from the third party supplier which has cancelled a product or service. MAH will enquire with the third party supplier to verify your claim, however no guarantee is given by MAH that the third party operator will provide a refund.

3.     No refund shall apply if MAH receives your cancellation advice 14 days or less prior to commencement of your package holiday – special conditions apply for rail journeys and cruise services.

4.     If MAH receives your cancellation advice between 15 to 21 days prior to commencement of your package holiday, a refund of 75% of the package cost will apply – special conditions apply for rail journeys and cruise services.

5.     If we receive your cancellation 22 days or more prior to the date of commencement of your package holiday, then we will refund to you the cost of your package holiday less an administration fee of AUD $100 per person [this fee equals the non-refundable security deposit you will have paid at the time of booking your package holiday].

6.     Postponement of a package holiday may be permitted at MAH’s sole discretion. However, an administration / re-booking fee of AUD $50 per person will apply.

7.     If you postpone your holiday and any third party supplier charges additional fees, for example, because they deem that a postponement is a cancellation, then those fees will be passed on to you for payment in addition to the administration / re-booking fee charged by MAH.

8.     Please note that different rates may apply if you change the dates of your package holiday. In case of a price increase by us or by a third party supplier, then the cost of your package holiday will be increased to meet any price increases due to seasonal charges as well any charges of third party suppliers.

9.     Any subsequent cancellation will incur the cancellation fees applicable in accordance with paragraphs 1 to 5 above at the time of the original postponement.

10.  Any amendment to a confirmed booking is subject to availability and any cancellation due to amendment will incur cancellation fees in accordance with paragraphs 1 to 5 above.

Changes to tour Itineraries and products and services by third party suppliers
In the unlikely event of material changes by a third party supplier to a proposed day tour, extended tour, rail journey, cruise etc. as booked by you, you may be offered the option of cancelling the day tour, extended tour, rail journey, cruise etc. The right to cancel is subject to the conditions of the respective third party supplier.

Itineraries
Itineraries are subject to changes without notice and are intended as a guide only. MAH reserves the right to cancel and/or change itineraries or bookings where circumstances require. These circumstances include, but are not limited to, situations in which your health or personal safety may be at risk or where your enjoyment of the package holiday may be negatively impacted [eg. in case of adverse weather conditions]. 

Changes may come about due to road, weather or tidal conditions, strikes, public holidays, or other reasons beyond the control and influence of MAH and any third party supplier. These and other contributing factors, such as the nature of the terrain, the remoteness of a holiday destination, weather changes and any other matters beyond the control of the third party suppliers of products and services may necessitate alterations to itineraries with little or no notice at all. 

Any additional expense incurred by you is not MAH’s responsibility. MAH can not give any guarantee as to the exact arrival and departure times for carriers and operators [ie. third party suppliers] whose products or services are incorporated in MAH package holiday you have booked. MAH can not be held liable for failure to make connections with any other services or attractions beyond its control. 

Passport, Visa, Vaccinations
Please note that it is your sole responsibility to arrange for any necessary and/or legally required travel document, visa or other travel permit as well as any health precautions. MAH can not provide and/or disclose any information or advice on applicable visa, health or any other requirements. MAH accepts no responsibility and is not liable for any expenses, cost liabilities or loss incurred in relation to any such matters or for your failure to comply with laws, regulations, orders and/or requirement of countries / areas visited. When booking via the MAH website, you agree to not hold MAH, including its staff and/or agents, responsible for any such matter. 

Jurisdiction
The legally binding contract between you [“the passenger”] and MAH is governed by the laws of the state of Western Australia. The passenger and MAH submit to sole jurisdiction of the courts of the state of Western Australia and Courts of Appeal therefrom. 

Changes to MAH’s Terms & Conditions
MAH may change these Terms & Conditions at any time and without prior announcement. Amendments to our Terms & Conditions will be available on our website or by contacting MAH by email or telephone.

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