Travlect

SERVICE TERMS

These service terms, and any terms incorporated by reference, including our Privacy Policy and Refund Policy (Terms) govern your relationship with Travlect Pty Ltd (ACN 670 335 118) (we, us, our) that apply when you access or use in any way our online services via our website at www.travlect.com (Site) or via our mobile or desktop applications collectively referred as our “Services”.

1. AGREEMENT TO THE TERMS

1.1. By clicking “I Agree” to these Terms or setting up a user account you expressly agree to, and consent to be bound by these terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent.

1.2. If you do not agree to all these Terms, you should not use the Services. We may update these terms at any time. If we do, we will notify you and your continued use of the Services will indicate your acceptance of the revised terms.

2. OUR SERVICES

2.1. We supply booking services by acting as your agent to place and manage booking ticketing, and additional services (Bookings) with third parties (Suppliers) who wish to supply travel, accommodation, and leisure activities directly to you (Travel Products)

2.2. You appoint us as your agent to make and managing Bookings on your behalf through the Site, to make payments to Suppliers (subject to being put in funds by you), to accept on your behalf and bind you to Supplier Conditions, and otherwise act in accordance with your instructions in relation to your Bookings.

2.3. We sell physical gift cards and eGift Cards (collectively Gift Cards) issued by us and which are redeemable for certain Travel Products on the Site.

2.4. We may also supply vouchers for promotional purposes that entitle the holders to a discount or reduction in charges for certain promotional Travel Products (Promotional Vouchers).

3. GIFT CARDS

3.1. This clause applies to the purchase and redemption of Gift Cards.

3.2. A Gift Card enables the holder, with an account with us, to redeem the value of the Gift Card against eligible Travel Products, that we may specify from to time. (Eligible Travel Products).

3.3. We may change the minimum and maximum amounts that can be loaded on Gift Cards. If we decide to do this, we will publish details on the Site.

3.4. Once a Gift Card has reached its expiry date (or has a balance of zero dollars), it cannot be used.

3.5. The following conditions apply to the use of Gift Cards:

  • 3.5.1. Gift Cards can only be redeemed for Eligible Travel Packages as specified by us on the Site;
  • 3.5.2. Gift Cards are not be redeemable for cash unless required by law;
  • 3.5.3. Gift Cards will have a validity of 3 years from the date of issue
  • 3.5.4. GST is not applicable upon the sale of Gift Card;
  • 3.5.5. Gift Cards cannot be redeemed to purchase other Gift Cards.

3.6. The resale, marketing, advertising or other promotional activities related to or of a Gift Card is prohibited without our prior written consent.

3.7. You are responsible for the security, use and safety of your Gift Card. Please be careful of scams and note we do not take any responsibility where you give access to your Gift Card to a third party in a manner that is not in accordance with these Terms.

3.8. If we suspect fraudulent activity, we reserve the right to immediately deactivate a Gift Card.

4. PROMOTIONAL VOUCHERS

4.1. This clause applies to Promotional Vouchers.

translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Australian Copyright Act 1968 (Cth));

4.2. A Promotional Voucher enables the holder, with an account with us, to redeem the value of the Voucher against eligible Travel Products, that we may specify from to time.

4.3. Once a Promotional Voucher has reached its expiry date (or has a balance of zero dollars), it cannot be used.

4.4. In addition to any conditions we specify on issue of the Promotional Voucher, the following conditions apply to the use of Promotional Voucher:

  • 4.4.1. Promotional Vouchers can only be redeemed for items specified by us on the Site;
  • 4.4.2. Promotional Vouchers are not be redeemable for cash unless required by law;
  • 4.4.3. Promotional Vouchers cannot be redeemed to purchase Gift Cards or other Promotional Vouchers.

5. CREATING AN ACCOUNT

5.1. To make a Booking or redeem a Gift Card, you will be required to create an account. You must be at least 18 years old to create an account. We reserve the right to decline registration or to cancel an account at any time.

5.2. When you create an account, we will collect, store and disclose your information in accordance with our Privacy Policy.

5.3. You must keep any account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Site.

5.4. You warrant that all information you provide in your account is accurate and up to date and you will promptly inform us of any changes.

5.5. All Booking information will be accessible through your Travlect account. You agree that we are not liable for any loss suffered as a result of your inability to access, download or print your Booking Confirmation.

5.6. We may without notice suspend or close your account if you (or someone accessing your account) is in breach of these Terms or we reasonably suspect such a breach has occurred or will occur.

6. QUOTES

6.1. If we provide you with a quote for a Travel Product, unless the quote states otherwise, it will be valid for 24 hours from the time of issue.

6.2. We strive to maintain the accuracy and currency of all prices and packages displayed on the Site. However, as a result of fluctuations in exchange rates or Supplier rate increases, we retain the right to modify any quote, fees, charges or prices any time prior to placing a Booking.

7. MAKING A BOOKING

7.1. You must provide sufficient information with a Booking (including any special requirements) to enable us to provide you with the Services.

7.2. The Travel Products featured on our Site are based on materials and information supplied by Suppliers. While we strive to authenticate the information provided by Suppliers, we cannot assure its accuracy in every instance. All visual content, including images and videos, showcased on the Site, are solely for illustrative purposes.

7.3. In making a Booking, you agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by Suppliers and to make your own enquiries and research to verify information provided to assess the suitability of Travel Products before you purchase.

7.4. Unless otherwise stated, Travel Products:

  • 7.4.1. must be used over a single uninterrupted period. For example, if a Travel Product entitles you to 7 nights at hotel resort, you will be only entitled to redeem those 7 day nights consecutively;
  • 7.4.2. do not include personal and incidental expenses and required relating to your enjoyment of the Travel Product, such as:
    • 7.4.2.1. Travel to and from departure or arrival points;
    • 7.4.2.2. Flights
    • 7.4.2.3. Passports
    • 7.4.2.4. Visa fees
    • 7.4.2.5. Insurances
    • 7.4.2.6. Food and beverages;
    • 7.4.2.7. Tips and surcharges
    • 7.4.2.8. Coach drivers and vehicle hire
    • 7.4.2.9. Tour guides
    • 7.4.2.10. Baggage related expenses
    • 7.4.2.11. Costs associated with illness

7.5. We will not be responsible for your refusal of entry, expulsion or detention from a country or part of a country. You agree to release us from any expenses, costs or loss incurred in relation to any expenses related to such matters.

7.6. We may refuse to accept a Booking (or part of it) on reasonable grounds.

7.7. We will provide you with a confirmation of your Booking (Booking Confirmation). Full payment must be received before a Booking Confirmation can be issued to you. You must carefully read and understand your Booking Confirmation.

7.8. If a credit card used is in the name of someone other than the name of the account holder, the Booking Confirmation will be sent to the account holder, not the credit card holder.

8. SUPPLIER CONDITIONS

8.1. You agree that our Services are limited to making and managing your Bookings on your behalf and that the Travel Products are provided by Suppliers, on the terms of their relevant Supplier Conditions.

8.2. When making a Booking, you will be asked to read and agree to the terms and conditions imposed by the relevant Supplier of the Travel Product, which may include cancellation restrictions, fees, charges or other limitations (Supplier Conditions).

8.3. By making a Booking, you are agreeing to all applicable Supplier Conditions, which will operate between you and the relevant Supplier. You authorise us to as your agent to agree to the Supplier Conditions on your behalf, and by making a Booking you will be bound, and agree to comply with the Supplier Conditions.

8.4. As between you and us:

  • 8.4.1. we assume no liability or responsibility for the performance by Suppliers of their obligations under their Supplier Conditions;
  • 8.4.2. we cannot be held accountable for any harm or loss suffered by you due to any act or omission of a Supplier;
  • 8.4.3. you agree to indemnify and release us from any claims you may have in relation to the acts or omission of a Supplier, including any failure of a Supplier to comply with the terms of its Supplier Conditions; and
  • 8.4.4. you agree that any claim you may have in respect of Travel Products is governed by the Supplier Conditions and must be made against the relevant Supplier and not us.

9. PRICES AND PAYMENT

9.1. Unless otherwise specified at time of payment, the prices for Travel Products (Price) are:

  • 9.1.1. in Australian Dollars;
  • 9.1.2. inclusive of Australian GST (if applicable)
  • 9.1.3. inclusive of our fees for the performance of our Services (which you authorise us to deduct from the Price you pay prior to us remitting amounts to the relevant Supplier);
  • 9.1.4. exclusive of any taxes, fees or levies (such as local bed taxes or levies) charged directly by the Supplier at the point of travel (where applicable)

9.2. The Price at the time of making a Booking is the one provided by our computer-based system. Certain Prices are only confirmed at the time of Booking and may vary from the quoted prices as they are determined by the best available rate of the day from the Supplier.

9.3. In the circumstance that your payment is not received or declined by either your bank or credit provider, we will not hold or pause any Travel Products on your behalf.

9.4. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other methods.

9.5. By placing a Booking, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts) to that card or other method.

10. OUR PRICE GUARANTEE

10.1. If you come across a lower price for Comparable Package offered by online travel agencies or airlines we will match it.

10.2. A ‘Comparable Package’ for a Travel Product must:

  • 10.2.1. be from the same accommodation provider and room type;
  • 10.2.2. be for the same duration (including check in/check out dates);
  • 10.2.3. have the same number of guests
  • 10.2.4. be publicly available to access online;
  • 10.2.5. include the same benefits and inclusions
  • 10.2.6. include the same taxes, booking fees and charges;
  • 10.2.7. not sourced from a hotel provider’s own website;
  • 10.2.8. be available up to the date you make a Booking

10.3. To redeem the best price guarantee, details of the Comparable Package must be provided to us in written form, detailing the date, availability, and source of the Comparable Booking via email to support@travlect. We will review your request and provide you with a formal response within 48 hours of receipt.

11. CHANGES TO BOOKINGS BY YOU

11.1. Subject to the terms of any applicable Supplier Conditions, you may modify or cancel your Booking.

11.2. There may be a change to the Price payable, as well as fees and charges applicable to any changes you make to your Booking.

11.3. We may charge a Booking change fee of AUD$15.00 for changes to Bookings made by you.

12. CHANGES TO BOOKINGS BY SUPPLIER

12.1. The Supplier Conditions applicable to your Travel Product may permit a Supplier to modify its prices or its itinerary after you make a Booking and up to the date of the issue of travel documents or the date of travel (Supplier Change).

12.2. You acknowledge that a Supplier Change may result in a change to the Price, or additional fees or costs, a change to your travel plans or other consequences.

12.3. If we are advised of a Supplier Change, we will:

  • 12.3.1. promptly inform you of the Supplier Change;
  • 12.3.2. provide you with the options available to you under the relevant Supplier Conditions;
  • 12.3.3. if authorise by you, deal with the Supplier on your behalf (to the extent such actions are permitted under the Supplier Conditions); and
  • 12.3.4. as applicable, modify your Booking and issue an updated Booking Confirmation.

13. REFUNDS

13.1. We understand that sometimes travel doesn’t go as planned. When that happens, the Supplier Conditions applicable to your Booking will set out your eligibility for a refund and you can authorise us to help you request a refund from the relevant Supplier.

13.2. We may charge an administration fee of AUD$20.00 where we process a successful refund on your behalf from a Supplier.

13.3. As a general rule, for Travel Products:

  • 13.3.1. a refund will be available from a Supplier where you cancel a Booking as permitted by the relevant Supplier Conditions, or the Supplier is required by law to provide you with a refund.
  • 13.3.2. a refund will not be available from a Supplier where:
    • 13.3.2.1. you have failed to read and follow the relevant Supplier Conditions;
    • 13.3.2.2. you have simply changed your mind (except for where this is permitted within the Supplier Conditions applicable to the Travel Product)
    • 13.3.2.3. you have failed to arrive or check in on the specific reservation dates in your Booking;
    • 13.3.2.4. you are disappointed or dissatisfied that the Travel Product did not meet your personal expectations;

13.4. We will assist you to assess your eligibility for a refund with a Supplier and (if relevant) facilitate the payment of any refund paid by a Supplier to you. In these circumstances, if the Supplier does not pay us, we cannot pay you.

13.5. If a refund is sought in respect of our Services, a refund will be available if we are required by law to provide you with a refund. Therefore:

  • 13.5.1. for major failures with our Services, you are entitled to a refund for the unused portion of our Services; and
  • 13.5.2. if the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the Services.

13.6. A request for a refund should be submitted to support@travlect.com.au.

14. INSURANCE, PASSPORTS, VISA, VACCINATION

14.1. We recommend you take out travel insurance. You are responsible for obtaining all relevant insurances.

14.2. We are not responsible for decisions made by insurers, suppliers, or requirements imposed by overseas countries, governmental authorities, or foreign laws and policies.

14.3. You agree that a visa will not guarantee or assure entry into a country. Certain countries may deny your entry or permission to stay within it due to health, circumstances or any other conditions and may detain, expel or repatriate you. You are responsible to enquire about the relevant entry visitation requirements of foreign countries before making a booking to visit. This includes being aware and assessing all relevant safety risks and travel conditions at your relevant travel destination. We accept no liability or responsibility to these respective issues. We recommend visiting www.smartraveller.gov.au for up-to-date travel information.

14.4. Before traveling, it's advisable to verify with the embassies, consulates, or relevant authorities of your intended destinations regarding any health, entry, or visa prerequisites. Additionally, you should provide necessary disclosures as mandated. Failure to disclose a health condition could lead to refusal of entry by the respective country or result in detention, expulsion, or repatriation. In the event of the above, you agree to not hold us and/or our servants and agents liable.

15. PRIVACY

15.1. Our commitment to privacy is set out in our privacy policy at https://travlect.com/privacy.

16. TERM AND TERMINATION

16.1. These Terms remain in effect as long as you continue to use the Services, or until terminated in accordance with the provisions of these Terms. You may stop using our Services at any time.

16.2. We may suspend or terminate your use of our Services if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.

16.3. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves, by giving reasonable notice of any changes and allow you the opportunity to withdraw from the Services. Upon termination, your account and right to use the Services, including any appoint of us as your agent, will automatically terminate.

17. USE OF OUR SITE

17.1. We operate the Site, which we provide for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.

17.2. You must not, and not allow others to use or permit anyone else to access the Site:

  • 17.2.1. to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
  • 17.2.2. to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
  • 17.2.3. for any purpose that is unlawful or fraudulent, involves resale of the Services, attempts to access unauthorised data or configurations or interferes with the functionality of the Services;
  • 17.2.4. to send unsolicited mail messages, with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
  • 17.2.5. in breach of these Terms.

17.3. We do not warrant that the Services will be available at all times or are free from viruses.

17.4. We may temporarily suspend your access to the Services without notice for security reasons, system failure, maintenance and repair, or other similar circumstances.

18. WEBSITE INFORMATION AND CONTENT

18.1. Certain materials may be displayed or performed on the Services including, but not limited to text, data, graphics, images, video, audio, photographs, articles, and other materials (Content).

18.2. The Content may be owned by us or by others, including other users of the Services or Suppliers. Use of the Services does not confer ownership rights to the Content. Except as may be expressly granted by us, you may use the Content solely in connection with your personal use of the Services.

18.3. You represent and warrant that you have all rights to Content you give us in the course of using the Services, including in relation to your social media posts and content using #travlect hashtag and/or tagging us at @travlect, and you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display, reformat, modify, create derivative works of, excerpt, translate, distribute or otherwise use such Content in connection with providing the Services, including for marketing and promoting us and the Services.

18.4. The Services may contain links to, as well as content and data from, third-party websites, apps, products and services (Other Services).

18.5. By accessing or using these Other Services, you agree that your use of the Other Services will be governed by the third party’s terms and conditions, and (to the extent you share personal information) privacy policy.

19. LIABILITY

19.1. We will use reasonable care and skill in performing our obligations under these Terms.

19.2. We accept liability for:

  • 19.2.1. any implied contractual terms or consumer guarantees that cannot be excluded or limited under applicable law, including the Australian Consumer Law; and
  • 19.2.2. any loss that flows naturally from our breach of these Terms, however we limit such loss to an amount equal to the amount of the fees we have received from you in relation to the event giving rise to the loss.

19.3. If you are a consumer under the Australian Consumer Law, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

  • 19.3.1. to cancel your Service contract with us; and
  • 19.3.2. to a refund for the unused portion, or to compensation for its reduced value.

19.4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

19.5. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

19.6. Other than as specifically accepted in section 19.2, we are not liable for any other losses or damages you may suffer, including any loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss; loss caused by events falling outside our reasonable control, or indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business).

19.7. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are excluded to the fullest extent permitted by law.

19.8. Nothing in these Terms shall attempt to exclude liability that cannot be excluded under applicable law.

20. INDEMNIFICATION

20.1. You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions, your breach of these Terms, your breach or failure to comply with any Supplier Conditions, any disputes between you and a Supplier, or your enjoyment of Travel Products, except to the extent such loss is caused or contributed to by us.

21. UNFAIR TERMS TO BE READ DOWN

If any law making unfair contract terms void or unlawful could apply to a term in these terms, the following rules apply to interpreting that term:

21.1. if the law would make the term void or unlawful because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way.

21.2. if the law would make the term void or unlawful because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void or unlawful.

If, despite the application of this clause, the law would make the term void or unlawful, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void or unlawful. These reading down rules apply before any other reading down or severance provision in these terms and conditions.

22. FORCE MAJEURE

22.1. Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.

23. DISPUTES

23.1. If a dispute arises between you and us, our goal is to provide you with a cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to the address under ‘Notices’

23.2. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

24. NOTICES

24.1. Legal notices must be served (in the case of us) tosupport@travlect.com.au and (in the case of you), to the email address you provide to use during the registration process.

24.2. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

25. MISCELLANEOUS

25.1. We may amend these Terms at any time by posting such amendments online on the Site. You will be bound only to the version of the Terms you agreed to at the time of Booking.

25.2. The relationship between you and us is as principal and agent in respect of your Bookings and you grant us the right and authority to enter into Supplier Conditions on your behalf.

25.3. Other than in respect of Bookings, nothing in these Terms shall be construed to create an agency, joint venture or partnership relationship between you and us.

25.4. You may not assign or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under these Terms to any person.

25.5. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

25.6. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults.

25.7. These Terms are governed and interpreted by the laws of Victoria, Australia.

Version 1.0

Effective: 1 March 2024