Holiday Packages - Terms & Conditions
Holiday Packages - Terms & Conditions
Kangaroo Island SeaLink Pty Ltd trading as Brilliant Travels is an accredited member of ATAS.
These Terms and Conditions apply to the person making the booking and all other persons on whose behalf the booking is made.
Please read these Terms and Conditions carefully.
They apply to all bookings made through Brilliant Travels, who is acting as an agent on behalf of all of the Third Party Travel Providers in your booking.
You are contracting with the Third Party Travel Providers, whose terms and conditions apply to your booking.
These booking conditions govern your relationship with Brilliant Travels.
The person making the booking must be at least 18 years of age and must be authorised to make the booking on behalf of the members of the party. The person making the booking must also provide a copy of these booking conditions to the other members of the party.
Definitions used in these Terms and Conditions
“We” and “us” means Kangaroo Island SeaLink Pty Ltd 69 007 122 367, trading as Brilliant Travels, its employees, contractors and agents.
“You” means any person who acquires the Booking and Advisory Services and includes any person who acquires a Travel Product (whether or not the Booking and Advisory Services were acquired by another person).
“Booking and Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, and providing a facility to enter into transactions with us and Third Party Travel Providers.
"Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.
Brilliant Travels acts as a Travel Agent. We arrange travel services and sell travel related products on behalf of suppliers such as airlines, tour and cruise operators, car hirers and accommodation providers.
What we provide to you:
- We provide you with Booking and Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
- By acquiring Booking and Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third Party Travel Provider relating to the Travel Product.
- You pay us for providing the Booking and Advisory Services to you.
What the Third Party Travel Provider provides to you:
- Once you have acquired Booking and Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.
- These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage. You should obtain and read all of the Third Party Travel Provider’s terms and conditions before acquiring Booking and Advisory Services from us.
- You pay the Third Party Travel Provider for providing the Travel Product to you.
- We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking and Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.
All package prices are in Australian Dollars, inclusive of GST (where applicable) and are valid for travel between 01 April and 31 March.
All package prices are correct at the time of publishing, and are subject to availability, surcharges, blackout periods, minimum night stays and seasonal variations. Always check your travel documentation for final prices.
Ticketing and Booking Documentation for Travel Products
We will contact you to advise when the documents in respect of your booking are ready either for delivery or collection.
Change of Date
You are permitted to make changes to the date of your booking provided that such change is made no less than 30 days prior to the commencement of your original booking date and provided you choose dates that are of equal value. Any change to your booking must be made either via the website, by phone or email, and is strictly subject to availability. Any additional charges due to seasonal variations or blackout periods will be required to be paid at this time. No refund will be given if you are not able to change your booking date as a result of alternate dates not being available.
Changes in Price and Itineraries for Travel Products
The price of your Travel Product may change at any time up to your departure, including if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all or part of the quoted price for your Travel Product.
If we have to change any part of your booking for reasons beyond our control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid, less any fees charged either by us under these terms and conditions and or by the Third Party Travel Providers.
We will not provide you with a refund for the Booking and Advisory Services if the Travel Product is not used.
Refunds for Travel Products are subject to the terms and conditions that you agreed with the Third Party Travel Provider. Refunds may take up to two months to be received.
If the Third Party Travel Provider is required to provide you with a refund for the Travel Product, we will provide you with a refund for the Booking and Advisory Services subject to these terms.
Cancellations and amendments
If you wish to amend your Travel Product, we reserve the right to charge an amendment fee of AUD50.00 per person for domestic bookings.
If you cancel your Travel Product, you may incur a cancellation fee. The amount of this charge will vary depending on when the cancellation is made and the terms and conditions of the Third Party Travel Provider.
- Prior to final payment : no refund of deposit paid.
- After final payment and 30 days prior to departure: no refund of deposit paid plus all additional fees imposed by the service providers for cancelled accommodation, touring, air and rail travel (which may be up to 100% of monies paid).
- After final payment and within 30 days of departure or whilst travelling: No refund.
The Third Party Travel Provider may also charge cancellation and amendment fees as outlined in their relevant terms and conditions.
Most Third Party Travel Providers treat name changes and route and/or itinerary alterations as FULL CANCELLATION and can incur full cancellation charges.
Depending on your airline, tickets may be refundable with an airline penalty. Please note, many low cost carriers do not offer refunds, instead offering Travel Credit Vouchers.
Your holiday safety and enjoyment is important to us and we support the Australian Government’s recommendation that all people travelling take out travel insurance.
Please ask us for details or a quote on the travel insurance products that we provide. You must obtain a Product Disclosure Statement (PDS) relating to the travel insurance product you are considering purchasing. We recommend that you read the document thoroughly before making the decision to proceed. If you have any pre-existing medical conditions (as listed in the PDS) then cover for this may need approval by the Insurer. If you need cover for a pre-existing medical condition that requires approval by the insurer, we are able to provide you with information to assist in completing this application.
If you believe you have adequate cover from a credit card policy we will require details of the insurance cover that you hold. In the event of a claim, should your Travel Insurance provider require paperwork from our office to support your claim, this will incur a AUD50.00 administration fee.
If you decline the offer to purchase travel insurance through our office, you maybe requested to sign an Indemnity Form before travel documents will be released.
Frequent Flyers, Membership Numbers and Special Requests
Please advise us of your Frequent Flyer or Cruise line membership details for inclusion in your booking. We do not offer advice on Frequent Flyer eligibility on flights that we advertise or that you have booked. For more information on whether your airfare or cruise is eligible for rewards, you must contact the Third Party Travel Provider directly. We do not take any responsibility should the Third Party Travel Provider not register your trip. We recommend that you retain copies of your documentation and boarding passes as a record. Please advise us of any special requests that you have: aisle or window seats, special dietary requests, airport assistance or hotel room type. Every attempt will be made by us to accommodate your request, and these will be passed on to the Third Party Travel Provider but cannot be guaranteed.
Checked Luggage and Seat Fees
Bookings made on some airlines may not automatically include a check-in baggage allowance. Check-in baggage allowances included in the fare purchased will be listed on your booking confirmation. Baggage fees may be charged directly by the airline for adding or increasing check-in baggage allowances, please note higher charges may be imposed at the airport for any additional requirements that are not pre-arranged. Check-in baggage fees are non-refundable once purchased.
Some airlines allow seating to be requested once tickets are issued. Please advise your consultant if you have any special requests, and whilst these cannot be guaranteed, we will endeavour to provide you with the best options available. Please note: there are some airlines that will charge a fee to request specific seats or exit row seats (terms and conditions vary from airline to airline). Once this fee is paid, seat fees are non-refundable and non-changeable.
Because we provide you with Booking and Advisory Services and you pay us for acquiring Booking and Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking and Advisory Services to you.
Subject to the application of consumer guarantees which may be implied into the supply of Booking and Advisory Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) however caused and which is suffered directly or indirectly in connection with the:
a. use of (or inability to use) the Booking and Advisory Service;
b. disruption to the Booking and Advisory Service;
c. the delivery or non-delivery of the Travel Product; or
d. any act or omission of Third Party Travel Providers or other third parties.
Except as expressly provided in these Terms and Conditions, we do not make any representation of any kind, express or implied, with respect to the Booking and Advisory Services supplied by us outside these laws.
All information relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Third Party Travel Providers.
The Third Party Travel Provider is liable to you for the Travel Product
As an agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.
The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.
Your Obligations and Warranties
You warrant to us that:
- You are at least 18 years old and have the power and authority to enter into a binding contract with us and with the Third Party Travel Providers of the Travel Products that you acquire
- You have read these Terms and Conditions and if booking for third parties, warrant that you have the authority to do so and have provided a copy of Terms and Conditions to them. You agree to indemnify us and the Third Party Travel Provider against any claims from third parties who have not in fact been properly informed.
- The information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process
- You have read the terms and conditions of any applicable Third Party Travel Provider and agree to be bound by those.
- You are responsible for checking the accuracy of all documents provided to you.
- You are responsible for contacting the airline at least 72 hours prior to travel to reconfirm your booking and you have accessed the Smarttraveller website for any specific information about your intended destination.
- You accept that Passport/Visa and other required identification documents are your responsibility.
- You have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
- You understand and agree that due to Covid-19, there may be restrictions in place in relation to the Travel Product you have purchased, for example, some amenities may not be available and/or social distancing rules may apply during your stay. You acknowledge that it is your responsibility to check with the Third Party Travel Provider directly for their latest information.
These Terms and Conditions are governed by the laws of South Australia and you agree to submit to the exclusive jurisdiction of the courts of South Australia to determine any dispute arising out of or in connection with your use of our Booking and Advisory Services.
We reserve the right to alter and/or update these Terms and Conditions at any time.