This is an important document which limits the rights of Travel Participants. Please read and consider it carefully.
Introduction
1. In these terms and conditions a reference to:
a) "Participant" means the person(s) named in the particulars of the booking confirmation as participants and includes any other person who participates in, is present at or attends the Travel as a participant;
b) "RAC Travel” means RAC Travel Services Pty Ltd (ACN 009 164 176) of 832 Wellington St, West Perth 6005;
c) "Travel" means the travel arrangements referred to on the booking confirmation and includes any display, show, function, dinner, convention, exhibition, accommodation, transport to, during or from the tour, organised, facilitated, promoted, managed or arranged by RAC Travel or any other travel arrangements made by RAC Travel;
d) "Travel Departure Date" means the date specified as such in the booking confirmation or otherwise advised by RAC Travel; and
e) "Travel Supplier(s)" means any third party Travel supply or service provider whose services or goods form part of the Travel.
Agency and Travel Supplier Terms
2. RAC Travel acts as an agent for various Travel Suppliers. All bookings are subject to the terms, conditions and limitations of liability imposed by third party Travel Suppliers some of which may limit or exclude liability in respect of certain matters, including death, personal injury, delay, or loss or damage to baggage. Whilst RAC Travel is not liable or responsible in any way for the conduct or omissions of third parties, RAC Travel is to be regarded as having the benefit of all such terms, conditions and limitations of liability. To the extent of any inconsistency between these terms and conditions, and the terms and conditions of any Travel Supplier, the terms of the applicable Travel Supplier shall prevail.
Deposits and Payment
3. A deposit may be required to secure a place on the Travel. Payment or part-payment of the price of the Travel shall constitute the Participant’s acceptance of these terms and conditions. All such deposits or payments to RAC Travel must be made by the Participant in AUD. Payment can be made online on RAC Travel’s website using a credit card or at any RAC Travel office. Payments by credit card will incur an additional credit card service fee which will be applied to the AUD amount paid by credit or charge card. If RAC Travel cannot accept payment by the credit card the order will not be processed and the Participant will not be contacted.
4. Payment by cheque will not be accepted for instant purchase airfares, otherwise where a cheque is acceptable RAC Travel requires 5 working days in which to clear such method of payment.
5. On receipt of the Participant’s payment, subject to availability and at RAC Travel's discretion, RAC Travel will reserve the Participant’s place for the Travel. A contract is only made between the Participant and RAC Travel upon the Participant’s booking having been confirmed and accepted by RAC Travel. The Participant signing the booking confirmation or booking online from the RAC Travel website will be deemed to act as a duly authorised agent of any other persons named on the booking confirmation or otherwise communicated to RAC Travel as Participants and those persons named will be bound by these terms and conditions.
6. Unless indicated at the time of booking, the Participant must pay the full Travel price together with any GST or other taxes applicable to the Travel to RAC Travel no later than 60 days prior to the Travel Departure Date. If payment is not received by RAC Travel from the Participant at least 45 days prior to the Travel Departure Date, then RAC Travel may cancel the Participant’s booking and retain all cancellation charges. If for any reason other than as permitted by clause 9, the Participant cancels the Travel at any time after confirmation of registration (or RAC Travel cancels the Participant’s booking for non-payment), then RAC Travel may charge to the Participant any costs incurred or cancellation fee levied by any of the Travel Suppliers plus a cancellation fee equal to 10% of the total Travel price. All cancellations must be made in writing to RAC Travel. No refund is payable for cancellations for any reason whatsoever after the Travel has commenced or in respect of any accommodation, meals or any other services not utilised.
7. The Travel price only includes items that are expressly stated as being included in the booking confirmation, including its booking fees and service charges for conducting the Participants Travel arrangements. For the avoidance of doubt, local travel and airport taxes may apply overseas and are not included in the Travel price. RAC Travel does not make any representations about or guarantee the class or standard of any accommodation or services selected for the Travel.
8. The Participant acknowledges and agrees to do, execute and deliver all documents, monies, and instruments and perform every act reasonably required by them to give effect to any electronic transfer of funds for Travel, or any other products or services, purchased online on RAC Travel’s website.
Cancellation and Changes
9. To the maximum extent permitted by law, RAC Travel may in its sole discretion postpone or cancel the Travel for any reason whatsoever provided that it shall notify the Participant. In the event of postponement of Travel to a date on which the Participant cannot attend, or cancellation of Travel, RAC Travel shall refund any amount paid by the Participant whereupon this contract will be at an end. RAC Travel shall not be liable for any direct or indirect damage, costs, expense, loss or liability arising in any way out of the decision to cancel or postpone the Travel.
10. The Participant acknowledges that prices for the Travel are based on airfares and charges set by airlines, tariffs and other charges imposed by Travel Suppliers and RAC Travel. In the event of any increase in any of the cost components of the Travel at any time up to and including the day of departure, RAC Travel reserves the right to adjust the Travel price to cover any such price increase unless and until such time as full payment for the quoted Travel has been made by the Participant. The Participant is not entitled to a refund or price reduction on the price of the Travel in the event a cheaper travel price is advertised by another supplier, including any Travel Suppliers or RAC Travel, after a deposit or payment has been made by the Participant.
11. If RAC Travel is obliged or required to change a Participant’s booking for reasons beyond RAC Travel’s reasonable control including actual or anticipated war, fire, natural disasters, political unrest, industrial dispute, terrorist action, civil disorder, epidemic or health risk, transport delays, airport conditions, adverse weather conditions then RAC Travel reserves the right to vary, cancel or postpone each part of the Travel as may be necessary without liability. Participants electing to withdraw from the Tr avel as a result of responding to any event beyond RAC Travel’s control may be liable for any fee or charges levied by a Travel Supplier.
12. If RAC Travel agrees to change a Participant’s booking at the Participant’s request, then RAC Travel will be entitled to charge its standard fee for such changes.
Documentation
13. Where the Travel is purchased from the RAC Travel website, electronic documents will be emailed no later than 3 weeks prior to departure. When electronic documents are not available a documentation pack will be available for collection at any RAC Travel office or can be posted to the address nominated by the Participant no later than 3 weeks prior to departure.
14. Delivery will be made by regular post unless the Participant wishes to receive the documentation pack via Express Post. An additional fee will apply to Express Post delivery. Should the Participant choose Express Post, the associated invoice will provide details on how to track the item. Delivery is available in Australia only. RAC Travel is unable to accept liability if the delivery of the documentation pack is late. Estimated delivery time is between 5-10 working days.
Passports, Visas and Vaccinations
15. The Participant must familiarise him or herself with any health or visa requirements and “travel warnings” which are applicable to the Travel. The Participant must obtain all exit, entry, customs, immigration, quarantine, health and other documents required by the laws or regulations of the countries visited or transited and carry a valid passport at all times.
16. The name on the Participant’s booking confirmation must accurately reflect the name in the Participant’s passport. The Participant is liable for any costs associated with any changes or reissue of travel documents due to any such inaccuracies.
17. The Participant acknowledges that the Participants passport must be valid for a period of at least six (6) months from the date of return to Australia.
Insurance
18. Where the Participant purchases travel insurance from the RAC Travel website, the Participant acknowledges that existing medical conditions may not be automatically covered by this policy. Participants must ensure they have read the combined FSG/PDS.
19. Where RAC Travel arranges travel insurance on behalf of the Participant, or the Participant purchases travel insurance from RAC Travel, the Participant acknowledges that where existing medical conditions exist the Participants cover may be refused or subject to special conditions, limitations, excesses and amounts payable depending on the Participants age, trip duration and destination.
Travel Advice
20. It is the Participants responsibility to ensure that they are aware of, consider and address any health requirements for the Travel, including any physical disability or medical conditions of the Participant.
21. Where the Participant books the Travel in an RAC Travel office or by means other than online, RAC Travel must be advised of any physical disability or medical conditions requiring special attention before a Participant books the Travel.
RAC Travel's Liability
22. Each Participant is solely responsible for their own belongings and RAC Travel is under no obligation to replace or compensate, nor shall it be liable for any loss or damage suffered as a result of property belonging to the Participant being lost, stolen or damaged.
23. To the maximum extent permitted by law, RAC Travel 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 loss suffered to property or person, damage, fatality, injury, psychological injury, inconvenience, loss of enjoyment, disappointment or health related issue whatsoever whilst in transit to or from the Travel, in respect of their time, presence or participation in the Travel and/or their time at a Travel location before, during or after the Travel. For the purposes of giving effect to this clause and in consideration of RAC Travel organising the Travel and the terms and conditions contained herein, the Participant hereby fully and finally releases and discharges RAC Travel from any liability, claim, action, right or entitlement whatsoever the Participant has against RAC Travel whether known or unknown, whether accrued, contingent or inchoate arising out of, concerning or relating to the Travel.
24. The Participant agrees that any:-
a. claims relating to the Travel by the Participant are null and void unless they are made in writing and sent by registered post to RAC Travel Services Pty Ltd, Attention: Company Secretary, 832 Wellington St, West Perth 6005 within 120 days after the conclusion of the Travel;
b. legal proceedings concerning the Travel by the Participant are time-barred if not brought within 12 months after the conclusion of the Travel.
25. If the law implies a condition or warranty that cannot be excluded then the Participant agrees to the fullest extent permitted by law that RAC Travel's liability for a breach of the condition or warranty shall be, at RAC Travel'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.
26. Each Participant, or if under the age of 16, their parents or legal guardians, fully indemnifies RAC Travel against any loss, liability, damage, action, demand, expense, claim, fine, charge or obligation which RAC Travel 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 the Participant under this contract or by reason of or concerning or arising out of the conduct, act or omission of the Participant on or related to the Travel.
Electronic Communications
27. Where the Participant uses the RAC Travel website to search for or link to another site, the RAC Travel website may automatically reference or link to sites owned and operated by third parties and over which RAC Travel has no control. RAC Travel accepts no responsibility or liability for the content of these sites including inaccurate or offensive material or viruses.
28. The Participant acknowledges that on purchasing Travel online from RAC Travel, or when the Participant becomes a registered user with RAC Travel to facilitate future transactions, the Participant is communicating with RAC Travel or its nominated agent electronically and by doing so consents to receive electronic communications from RAC Travel or its nominated agent regarding a purchase you are making.
29. By consenting to accept electronic communications from RAC Travel, you also agree that all agreements, disclosures and notices, including updates to the terms of this contract may be provided to the Participant electronically and that an electronic communication from RAC Travel or its nominated agent satisfies any legal requirement for communication to be in writing.
30. The Participant acknowledges that on purchasing Travel from RAC Travel, or when the Participant becomes a registered user with RAC Travel, the Participant agrees that a business or personal relationship has been established with RAC Travel and the Participant consents to receive email notices or advertisements from RAC Travel or its related body corporates in future about events, products or services that may be of interest to the Participant. If the Participant is not interested in receiving email notices or advertisements from RAC Travel, the Participant should notify RAC Travel office or RAC Travel consultant, or select the unsubscribe button contained in any email notices.
Miscellaneous
31. The RAC Travel website shows maps for general information and may not necessarily reflect actual routings, locations or services provided. Photographs show places in geographical areas but are not necessarily included in a Travel package. Hotel room and stateroom photographs are representative only. Actual rooms occupied may vary in décor and inclusions from those shown. Many images are supplied courtesy of Travel Suppliers, tourist bureaus, hotels, cruise lines and other tour operators.
32. RAC Travel reserves the right to vary any clause in this contract or add new clauses (“changes”), these changes will come into effect upon being posted on the RAC Travel website but will not apply to purchases made before the change was posted.
33. RAC treats your personal information strictly in accordance with its obligations under the Privacy Act 1988 (Cth). The RAC Group Privacy Policy is detailed in its website by visiting www.rac.com.au or by phoning 13 17 03. Should a copy of the statement be required this may also be requested any time during RAC Travel office hours.
34. This contract shall be governed by the laws of Western Australia and the Participant agrees to submit to the exclusive jurisdiction of the courts thereof.
35. 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.
36. This contract may only be varied by a document in writing executed by all parties’ authorised representatives.
37. The Participant acknowledges and accepts the above terms and conditions applying with respect to the Travel and acknowledges having read and understood them and the Participant understands that no other agreement or disclaimer, verbal or otherwise, applies as this contract together with the booking confirmation contains the entire contract between the Participant and RAC Travel.
