This is an important document which limits the rights of Travel Participants. Please read and consider it carefully.

1. RAC is a Travel Agent 

1.1 RAC provides travel agent services, which involves us booking Holiday Experiences (including flights, accommodation, travel services, and other experiences) on your behalf.    

1.2 This means your Holiday Experiences are generally provided by suppliers who aren’t RAC (who we’ll call Travel Suppliers).   

1.3 You must ensure you have read, understood, and agree to the terms and conditions provided by the Travel Suppliers as these apply to your Holiday Experiences in addition to our Terms.  The Travel Suppliers will provide these terms and conditions to you directly. You can also view them online. 

2. How to make a Booking 

2.1 You can make a Booking in person or over the phone. 

2.2 Once your Booking is confirmed in writing by RAC, a legally binding agreement is formed between you and RAC which incorporates these Terms. 

2.3 When making a Booking, you must advise RAC of any physical disability or medical condition relevant to your Booking or Holiday Experiences which would require special attention. 

2.4 If you make a Booking on someone else’s behalf, such as where the itinerary includes another person than you:  

a) you will be deemed to have acted as a duly authorised agent of that person;  
b) you will be responsible for bringing these Terms to their attention; and 
c) they will be deemed to have accepted and be bound by these Terms. 

2.5 Your Booking only includes the cost of items expressly listed in your itinerary (including booking fees and service charges for your Holiday Experiences).   

2.6 Please note that while on your holiday you may encounter additional travel and airport taxes which are not included in your Booking amount. 

3. Payment 

3.1 Once payment for your Booking has been fully received, we will formalise your itinerary and reserve your place on the Holiday Experiences the subject of the Booking. 

3.2 You must make full payment for your Booking no later than 60 days before the Travel Departure Date.  If you miss this payment deadline, your Booking will be cancelled in line with RAC’s cancellation policy in clause 5. 

3.3 If there is an increase in the cost of any Holiday Experiences listed on your itinerary before your Booking is finalised in line with clause 4.1, RAC reserves the right to adjust the Booking amount accordingly. 

3.4 You can pay or part-pay for your Booking:  

a) at any RAC office using cash, credit card, or direct deposit. 
  b) via telephone using credit card. 

3.5 In some circumstances, a deposit may be required to secure your Booking.  All such deposits must be paid to RAC in AUD.  

3.6 Payments by credit card will incur an additional credit card service fee of 1% which will be included in the AUD amount charged to you.   

3.7 If you pay by credit card, you must ensure there are no issues preventing us from processing payment by that means (eg if you have insufficient available funds or have exceeded your daily transaction limit).  In such circumstances, we will not process your Booking. 

4. Changing your Booking 

4.1 You may request a change to your Booking in writing to RAC.  While we will do our best to accommodate any change requests you have, it may not be possible in all circumstances. 

4.2 If RAC agrees to change your Booking, RAC may charge a fee for such changes to reflect the additional travel agent services provided by RAC. 

4.3 If RAC changes your Booking in line with this clause 4, RAC shall not be liable for any direct or indirect damage, costs, expense, loss, or liability arising as a result.   

4.4 You are not entitled to a refund or price reduction on the Booking amount in the event you see the Holiday Experiences the subject of your Booking advertised by RAC, the Travel Supplier, or another any other third party, at a cheaper price after your Booking has been formalised in line with clause 4.1. 

5. Cancellation Policy 

5.1 You can cancel your Booking at any time in writing to RAC.  However, you may be subject to cancellation fees in line with RAC’s cancellation policy contained in this clause 5. 

5.2 If you cancel your Booking after your Booking has been formalised (see clause 4.1), then RAC may charge you: 

a) any costs incurred or cancellation fee levied by any of the Travel Suppliers; and  
b) a cancellation fee equal to 10% of the total Booking price to account for the travel agent services provided by RAC already.  

5.3 No refund is payable for cancellations for any reason whatsoever after the Travel Departure Date in respect of any accommodation, meals or any other services not utilised. 

6. Cancellation and Changes by RAC

6.1 RAC may cancel your Booking and charge a cancellation fee if you don’t fully pay for your Booking at least 60 days before the Travel Departure Date,  

6.2 To the maximum extent permitted by law, RAC may postpone or cancel the Booking for any reason whatsoever.  In such circumstances:  

a) RAC will notify you as soon as possible. 
b) RAC shall refund any monies paid by you if RAC cancels or postpones the Booking to a date you can no longer attend; and 
c) the contract between RAC and you will terminate.  

6.3 Further, we reserve the right to vary, cancel, or postpone each part of the Booking as may be necessary if required due to Special Circumstances beyond our reasonable control.  Examples Special Circumstances include: 

a) actual or anticipated war; 
b) fire; 
c) natural disasters or other ‘acts of God’; 
d) political unrest; 
e) industrial disputes; 
f) terrorist actions; 
g) civil disorder; 
h) epidemics, pandemics, or other public health risks; 
i) transport delays; 
j) airport conditions; and 
k) adverse weather conditions. 

6.4 In Special Circumstances, we will always: 

a) endeavour to provide you with as much notice as possible; and 
b) do our best to keep you up to date with any developments and put your safety at heart. 

6.5 If RAC varies, cancels, or postpones your Booking in line with this clause 6, RAC shall not be liable for any direct or indirect damage, costs, expense, loss, or liability arising as a result.  

6.6 If you choose to cancel your Booking due to Special Circumstances, you may be liable for any fees or charges levied by a Travel Supplier.   

6.7 Though we take steps to recover funds from Travel Suppliers in Special Circumstances, we can’t guarantee that Travel Suppliers will waive such fees or charges due to Special Circumstances. 

7. COVID-19  

7.1 RAC is mindful of the significant impact that COVID-19 has had upon both its customers and the travel industry more broadly. 

7.2 Where your Booking cannot proceed due to government restrictions upon travel imposed due to COVID-19, we will provide you with an appropriate remedy based on your individual circumstances.  This may be in the form of a credit note, refund, or other remedy depending on the circumstances. 

7.3 If you are experiencing particular hardship or other exceptional circumstances in relation to your Booking as a result of COVID-19, please get in touch with us on 13 17 03. 

8. Documentation 

8.1 RAC requires a copy of your passport before your Booking related documents are released to you. 

8.2 Electronic documents relating to your Booking will be emailed to you no later than 3 weeks before the Travel Departure Date.  

8.3 When electronic documents are not available, a documentation pack will be:  

a) available for collection at any RAC office; or 
b) posted to the address nominated by you. 

8.4 Delivery will be made by regular post unless you wish to receive the documentation pack via Express Post. An additional fee will apply for Express Post. If you choose Express Post, the associated invoice will provide details on how to track the item.  

8.5 Delivery is available in Australia only.  

8.6 RAC is unable to accept liability if the delivery of the documentation pack is late as this is within the remit of Australia’s postal service, Australia Post. Estimated delivery is between 5-10 working days. 

9. Passports, Visas and Vaccinations 

9.1 It is your responsibility to familiarise yourself with any health or visa requirements and travel warnings applicable to your Booking.  

9.2 In particular, you must:  

a) obtain all exit, entry, customs, immigration, quarantine, health, and other documents required by the laws or regulations of the countries visited or transited;  
b) ensure you are aware of, consider, and address, any health requirements for the Booking or the Holiday Experiences, including any relevant physical disability or medical conditions; and 
c) carry a valid passport at all times. 

9.3 The name on your Booking itinerary must accurately reflect the name in your passport. You will be liable for any costs associated with any changes or reissue of travel documents due to any such inaccuracies. 

9.4 You acknowledge that your passport must be valid for at least six months after the date of return to Australia. 

10. Insurance 

10.1 We strongly recommend that you purchase appropriate travel insurance in respect of your Booking and Holiday Experiences.   

10.2 RAC can arrange travel insurance or your behalf in respect of your Booking, or otherwise you are welcome to purchase travel insurance from RAC or another travel insurance provider.  For details of travel insurance provided by RAC, please refer to the relevant Product Disclosure Statement. 

10.3 Some Travel Suppliers may require you to purchase specific levels of travel insurance, and provide evidence of such insurance, as part of their terms and conditions.  These requirements will be provided to you directly by the Travel Suppliers. 

11. Issues with Travel Suppliers 

11.1 If you have any issues with a specific Travel Supplier, you need to resolve them directly with the specific Travel Supplier.   

11.2 While we always try to find the best Travel Suppliers to give you the best Holiday Experiences possible, RAC is not:  

a) liable or responsible for the conduct or omissions of the Travel Suppliers; or 
b) able to represent or guarantee the class or standard of any Holiday Experiences. 

12. Liability and Indemnity 

12.1 To the maximum extent permitted by law, RAC will not be held responsible or liable in negligence, contract, or howsoever if any person incurs, experiences or suffers an accident, direct, or indirect loss including but not limited to:  

a) loss suffered to property or person; 
b) damage, fatality, injury, and psychological injury; 
c) inconvenience, loss of enjoyment, and disappointment; or 
d) health related issue whatsoever whilst in transit to or from the Booking. 

12.2 This clause 12 applies in respect of your time, presence or participation in the Booking or Holiday Experiences, and/or their time at a Booking or Holiday Experience location before, during or after the Booking or Holiday Experiences. 

12.3 For the purposes of giving effect to this clause and in consideration of RAC organising the Booking and the Terms, you hereby fully and finally release and discharge RAC from any liability, claim, action, right or entitlement whatsoever you have against RAC whether known or unknown, whether accrued, contingent or inchoate arising out of, concerning or relating to the Booking and the Holiday Experiences. 

12.4 If the law implies a condition or warranty that cannot be excluded then you agree to the fullest extent permitted by law that RAC’s liability for a breach of the condition or warranty shall be, at RAC’s sole election, the re-supply or payment of the cost of re-supply of the relevant goods or services. All other conditions and/or warranties are expressly excluded to the fullest extent permitted by law. 

12.5 You fully indemnify RAC against any loss, liability, damage, action, demand, expense, claim, fine, charge, or obligation which RAC has or may suffer or incur by reason of or in any way consequent upon, arising out of or incidental to the non-performance or non-observance of the obligations and liabilities imposed on you under this contract or by reason of or concerning or arising out of the conduct, act or omission of you on or related to the Booking or the Holiday Experience. 

13. Miscellaneous 

13. 1 RAC may vary these Terms from time to time, including to add new clauses.  Any such variations will come into effect once posted on RAC’s website but will not apply to purchases made before the change was posted. 

13.2 Any personal information collected for the purposes of the Booking, Holiday Experiences, and these Terms are handled in line with RAC’s Privacy Policy. The RAC Group Privacy Policy is available on its website by visiting www.rac.com.au or by phoning 13 17 03.  You may also request a copy of this statement at any time during RAC office hours. 

13.3 This contract shall be governed by the laws of Western Australia and you agree to submit to the exclusive jurisdiction of the courts of Western Australia. 

13.4 If any clause in this contract becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining clauses of this contract shall not in any way be affected or impaired. 

13.5 You acknowledge and accept the above Terms applying with respect to the Booking and Holiday Experiences and acknowledge having read and understood them. 

13.6 You understand that no other agreement or disclaimer, verbal or otherwise, applies as this contract together with the booking confirmation contains the entire contract between you and RAC. 

13.7 In these Terms, the following definitions apply: 

a) AUD means Australian dollars; 
b) Booking means the Holiday Experiences referred to on your itinerary as organised, facilitated, promoted, managed or arranged by RAC or any other travel arrangements made by RAC; 
c) Holiday Experiences means any display, show, function, dinner, convention, exhibition, accommodation, transport to, during or from the tour, managed or arranged by RAC or any other travel arrangements made by RAC;  
d) RAC, us or we means R.A.C. Travel Services Pty Ltd (ACN 009 164 176) (Licence No 9TA00001) of 832 Wellington St, West Perth WA 6005. 
e) Special Circumstances means the circumstances listed in clause 7.3 of these Terms. 
f) Terms means this document you’re reading right now, containing the terms and conditions governing your Booking with RAC; 
g) Travel Departure Date means the date specified as such in your Booking or otherwise advised in writing by RAC;  
h) Travel Supplier(s) means any third-party supplier or service provider whose services or goods form part of the Booking or the Holiday Experiences; and 
i) you means the person(s) named in the particulars of the itinerary as participants in the activities the subject of the Booking and includes any other person who participates in, is present at or attends such activities