Tasmania.com Terms & Conditions (Updated 14th Sept 2023)
Part 1 – Introduction
1. Overview of Tasmania.com
Tasmania.com is a premium online travel booking platform. We endeavour to offer a holistic travel solution for all your Tasmania travel needs, ranging from custom travel experiences crafted by our expert concierge consultants to convenient self-help booking options and free self-driving maps and travel itineraries.
2. Definition of Key Terms
- Tasmania.com/We/Us/Our: Travelie Group Pty Ltd and our Platform.
- You/your: users of the Tasmania.com platform.
- Platform: refers collectively to the Tasmania.com website, mobile applications, and related systems and services.
- Concierge Bookings: Reservations and travel planning services offered with the assistance of our specialised consultants, who possess vast knowledge and experience in tailoring travel experiences. This includes tailored travel and self-drive packages with a full itinerary (often 30 pages long) crafted by our concierge team.
- Deals & Family Deals: These are time-limited package offers that vary based on seasonality. The duration and specifics of each deal are subject to change and may be available for a limited time. Seasonal deal packages that don’t last long, so lock them in while they’re on sale.
- Plan & Book Yourself: This option allows users to make reservations without the assistance of our concierge service. Users can utilise the ‘search and book’ feature on our Platform to independently find and finalise their travel plans.
- Suppliers: the providers of travel products and services listed on our platform with whom we facilitate bookings or purchases.
- Supplier Fees: Costs associated with third-party service providers. These may vary depending on the supplier’s own terms and conditions and are often non-refundable.
3. Purpose and Scope of T&Cs
These terms and conditions (T&Cs) outline the basis upon which we offer our services to you. They define the terms of usage, your rights and responsibilities, and our commitments. By accessing our Platform and utilising our services, you confirm your acceptance of these T&Cs. Should any provision herein contradict the Australian Consumer Law or any other relevant legislation, the latter will prevail.
4. Australian Consumer Law Acknowledgment
Tasmania.com recognises and ensures compliance with the Australian Consumer Law (ACL). Nothing in these T&Cs is intended to replace, limit, or exclude any rights provided by the ACL. Our commitment to maintaining the highest industry standards is underscored by our dedication to transparent, equitable, and lawful interactions with all our clients.
5. Licence to use Tasmania.com Platform
You are granted a limited, revocable, and non-exclusive licence to use this Platform in accordance with Part 2 of these T&Cs.
Part 2 – Limited Licence to Use Platform
6. Grant of Licence
Subject to adherence with these T&Cs, Tasmania.com grants you a limited, non-exclusive, revocable, and non-transferable licence to access and use the Platform. This licence is bound by the following provisions and is geared towards ensuring the Platform’s secure, efficient, and standard-compliant operation.
7. Scope of Permitted Use
This licence grants users the ability to:
- Navigate through Platform, including content and features.
- Access informational resources, guidelines, and customer support.
- Purchase travel products. on the Platform or to third party platforms/APIs.
- Engage in bookings, consultations, and other available services.
- Engage and interact with our concierge services, where applicable.
8. Non-Transferable Licence
The licence is conferred upon individual users, meant for personal and non-commercial use. It is non-transferable, implying that the rights and privileges granted cannot be sold, shared, or assigned to another party or entity without our express consent.
9. Limitations and Prohibited Uses
Users of Tasmania.com are expected to use the platform responsibly. Prohibited activities include but are not limited to:
- Using the platform for any illegal or unauthorised purpose.
- Employing automated systems, such as “bots” or “scrapers,” without our prior consent.
- Engaging in activities that interfere with, disrupt, or create an undue burden on the website or the networks connected to the platform.
- Attempting to decipher, decompile, or reverse engineer any software constituting or in any way making up a part of the site.
10. Licence Conditions
All users must:
- Provide truthful, accurate, and up-to-date information during registrations, bookings, and any other interaction.
- Respect the intellectual property rights inherent in the content available on the site.
- Use the site in a manner consistent with all applicable local, state, national, and international laws and regulations.
11. Compliance with Applicable Laws
Tasmania.com functions within the framework of the Australian Consumer Law, state legislation, and other applicable regulations. Users are expected to acquaint themselves with these and ensure their interactions on the platform are compliant.
12. Intellectual Property
All content, designs, graphics, compilations, magnetic translations, digital conversions, and other matters related to the site are protected under applicable copyrights, trademarks, and other property rights. Copying, redistributing, using, or publishing any part of the platform, other than as permitted under this licence, is strictly prohibited. As a user, you agree you have no rights to use our intellectual property assets in contravention of a granted limited licence and will indemnify us against any infringements of our intellectual property rights (and legal costs to enforce its rights) which have come about through your access to this website and its assets.
13. No Commercial Use
The platform is tailored for individual use, and commercial endeavours, such as resale of services, are strictly forbidden unless explicitly agreed upon in writing with Tasmania.com. The licence is uniquely tailored to the individual registered user and doesn’t extend to any other persons or entities.
14. Linked Sites
Our website may contain links to third-party websites. These linked sites are not under our control, and we are not responsible for the content, privacy practices, or any other aspect of linked sites. Linking to any third-party site does not imply our endorsement or affiliation unless explicitly stated.
15. Monitoring Content
We reserve the right to monitor and review content submitted by users on our website. This includes, but is not limited to, comments, reviews, and forum posts. We may remove or modify any content that we deem inappropriate, offensive, or in violation of these terms without notice.
16. Content of Site
While we strive to ensure the accuracy and reliability of information on our website, we do not guarantee that it is error-free or up-to-date. We reserve the right to modify or remove content at any time without notice.
17. Disclosure of 3rd Party Referrals and Commissions
We may receive compensation for promoting or referring users to third-party products or services. Tasmania.com may operate its platform as an aggregator and referral platform, providing users with information, general advice, and services across a variety of travel products. We may earn commissions or receive compensation for promoting or referring users to certain third-party products or services. Such compensation does not influence the integrity of the information we provide, but it does enable us to continue offering valuable insights and recommendations to our users. We proudly endorse the travel products and services listed on our platform, ensuring they meet our stringent quality and reliability standards. However, we are not owned by any travel service provider (like an airline or accommodation provider), bank, or insurer, and we do not issue financial products or offer financial lines of credit. While we strive to cover a broad spectrum of products, services, and providers, we do not encompass every option available in the market. Consequently, there might be other choices available to you that are not listed on our platform.
When you choose to book a product or service through our website, you will be transacting directly with the respective provider, not with us. We make every effort to ensure the information on our site is up-to-date and accurate. However, we recommend confirming any information with the product or service provider directly and reviewing any relevant Product Disclosure Statement (PDS) or other documentation they provide. If you are uncertain about any product or service, we advise seeking independent counsel before making a booking or committing to any plan. All rights reserved.
18. Ownership of Reviews
You agree that any reviews, testimonial, feedback or messages that you give on this website and on related platforms, will be deidentified (unless we take explicit permission from you to the contrary) and will become the exclusive intellectual property of Tasmania.com.
By submitting a review on this website or in response to a survey, you grant us irrevocable rights to that content as our intellectual property. If you provide feedback through direct messaging platforms (e.g., Instagram) or via email, we will seek your permission before publishing. Once granted, the review will be treated as if it were submitted on our website, and it will become our intellectual property. When you provide a review to Tasmania.com, whether publicly or privately, you agree that we can use your review at our discretion. We will, however, ensure that your name and personal details are removed or anonymised in compliance with privacy laws.
19. Limitation of Liability
To the extent permitted by law, we will not be liable for any direct, indirect, or consequential loss or damage arising from the use of, or inability to use, our website or the use of or reliance on any content displayed on our website. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
20. Ability to Modify and Terminate Licence Terms
Tasmania.com reserves the right to modify, suspend, or terminate your licence at any time, eg., in cases of breaches of these T&Cs. Users will be duly notified of any such changes.
21. Effects of Termination
Upon termination, users may lose access to any pending bookings, benefits, or features of the platform. It’s imperative to ensure compliance with our grant of limited licence terms to prevent such occurrences. Termination of a licence does not affect any liabilities that cannot be excluded at law, for instance, like consumer guarantees under the ACL.
22. Survival of Terms
Even after termination of the licence or discontinuation of a user’s account, certain provisions of these T&Cs, particularly those concerning intellectual property, disclaimers, and limitations of liability, will remain in effect.
Part 3 – Bookings & Purchases
23. Three Different Booking Options
We understand that everyone’s travel needs are unique. Hence, we present three distinct booking methods tailored to cater to a range of preferences:
- Concierge Bookings (found under “Contact Us for a Quote”):
Ideal for travelers seeking a personalised experience. With this option, our dedicated concierge team of travel consultants meticulously craft your itinerary, ensuring every detail aligns with your preferences, allowing you to enjoy a stress-free travel experience. This includes tailored packages or ready-made travel solutions that our travel consultants can assist you with. Simply request a quote through our Platform and once we’ve crafted your ideal itinerary, we’ll touch base for your confirmation. Due to the in-depth nature of concierge bookings, we require a 50% deposit to confirm your booking. The remaining 50% payment will be due 45 days before you set off on your adventure.
2. Deals & Family Deals (located under “Deals” and “Family Deals”):
Got your eye on one of our special offers? Here’s how it works: find the deal you like, submit your booking request, and pay a holding deposit of 25% of the standard rates. We’ll then double-check availability on bookings for your chosen dates and requirements. Sometimes, due to high demand, we might need to suggest slight upgrades or downgrades. Once everything’s sorted, we’ll confirm the deal with you with an invoice to pay the balance and lock in your deal.
3. Plan & Book Yourself (available under “Plan & Book Yourself”):
Perfect for the self-planning independent travelers. This option empowers you to handpick and book each component of your Tasmanian journey, be it car rentals, campervan hire, accommodations, or specific tours. While we provide the gateway, it’s essential to know that your plan & book yourself bookings and transactions are all done with third-party providers who have their own terms and conditions that will apply to your bookings.
Because each of these booking options is distinct, they come with their own set of terms and conditions. It’s crucial to be aware that different terms will apply depending on your chosen booking method. Whatever your travel styles, we have a booking option tailored just for you.
A. Concierge Bookings
24. How Concierge Bookings Work
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- ‘Contact Us for a Quote’: Begin your tailored travel journey by either utilising the ‘Contact us for a quote’ form on our website or by reaching out to us via phone and social network channels to share your specific travel plans and desires. Please note that this step is purely for inquiry purposes. At this juncture, no deposits are required, and no booking is confirmed.
- Concierge Review: Our dedicated concierge team will delve into the details you’ve provided, meticulously crafting a bespoke quote and itinerary that aligns with your preferences.
- Receiving Your Formal Quote: We will send you a detailed quote that encapsulates your proposed itinerary, complemented by our associated T&Cs. This document stands as our contractual offer to you which is open for acceptance for 48 hours. If the offer is not accepted with a deposit payment in this time it will expire. Note, this offer does not guarantee the availability as we do not reserve or book until payment is received. At this stage, you’ll also be presented with the option to purchase travel insurance also for cancellations and refunds subject to the insurers’ terms and conditions. You will be directed to read the product disclosure statement (PDS) and to take advice. We do not offer financial advice regarding any insurance products.
- Booking Confirmation: To lock in your unique itinerary, you’ll need to pay a deposit amounting to 50% of the total package price.
- Coordination with Providers: Once payment is confirmed either by cc or into our business bank account, our concierge team will work closely with an array of service providers to confirm every element of your itinerary, be it accommodations, activities, or any other component.
- Sealing the Deal: Acting on your behalf, our concierge will wrap up all essential transactions with our trusted providers, ensuring a smooth and worry-free journey for you.
- Settling the Final Payment: The balance, which is the remaining 50% of your total package cost, should be settled no later than 45 days prior to your journey’s commencement.
- Your Detailed Itinerary: Once everything is locked in, you’ll be provided with a comprehensive day-by-day travel guide. This itinerary is your book and travel compass, highlighting routes, approximated drive times, dining suggestions, and more, so you can truly soak in all Tasmania has to offer. Your itinerary will contain your booking details and any confirmation or booking numbers (if relevant).
25. Mandatory Acknowledgments Prior to Concierge Bookings
Our concierge bookings are complex travel bookings which encompass a range of bespoke, coordinated travel products, and the time, skill, and coordination of our in-house, travel professionals. Through leveraging our extensive industry connections, skilled consultants, and intimate knowledge of Tasmania, we aim to curate for you a personalised Tasmanian travel experience.
It’s essential that you understand that due to the complex nature of our concierge bookings, they cannot be cancelled or refunded as straightforwardly as our standard ‘Deals & Family Deals’ travel packages. For instance, a customised 14-night package might require our consultants to dedicate over 1hours coordinating a series of perfectly timed bookings, ensuring that every aspect of your travel aligns with your expectations. This might involve securing non-refundable bookings for accommodation, activities, and transport for specific dates, each done manually to fit your unique itinerary. The conditions associated with these reservations can vary significantly among suppliers.
As a result, certain restrictions will apply to cancellations and refunds, as detailed in these T&Cs. Further, due to the unique and tailored nature of the services and bookings we offer, we are unable to provide refunds during a cooling-off period. Our offerings are curated specifically to individual preferences and often involve commitments to third-party providers. As such, reversing these bookings isn’t as straightforward as returning off-the-shelf products.
Given this, we would strongly encourage you to consider purchasing travel insurance at the point of purchase prior to your booking. While this insurance may cover certain cancellation and amendment fees, it’s essential to review the Product Disclosure Statement (PDS) to understand the terms. We provide information, but no specific financial advice in this regard.
You will also be required to provide accurate details and to be certain of your travel commitments and plans before you commence with any new bookings to minimise disappointment or the need for additional fees to be incurred. You accept responsibility for inaccuracies in the details provided or any additional fees incurred resulting from the need to change your travel plans.
If any part of this is unclear or you have questions about your responsibilities with our concierge bookings, please ask us before completing your booking. We want to make sure you fully grasp our T&Cs. Don’t hesitate to speak up if you need us to explain anything in plain language before you confirm the booking. We’re happy to clarify our T&Cs so you understand exactly what this means for you.
26. Your Duties
When engaging with our Concierge Booking services, you have the following obligations:
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- Accurate Information: Ensure that all information provided to us, whether through the ‘Contact us for a quote’ form, over the phone, or any other medium, is accurate, complete, and up-to-date. This includes notifying us of any relevant details, such as food intolerances if your experience includes dining. It’s especially crucial to double-check and confirm flight times and dates, as travelers frequently make errors with these details. Mistakes in flight information can lead to additional car hire costs or necessary changes in the itinerary due to client error. If you provide inaccurate information, this may necessitate an amendment to your booking, which can incur administration fees. We will rely upon the information you provide as accurate. So please remember to always verify your travel details to avoid unnecessary complications, disappointment or additional fees.
- Review and Confirmation: Upon receiving your formal quote and proposed itinerary, it is your duty to thoroughly review all details. If there are any discrepancies or changes needed, you must communicate these to us promptly
- Travel Insurance Recommendation: We strongly advise that you take out comprehensive travel insurance. Given the bespoke nature of our services, securing insurance is not just a precaution – it’s a means to ensure peace of mind and mitigate potential disappointments. We offer travel insurance through our consultants and also present it as an option at the point of sale with our products. Given the tailored nature of our offerings, refunds are not as straightforward as with standard products. If you decide against securing travel insurance, you accept and bear full responsibility for any costs or losses incurred due to unforeseen events or situations beyond our control. We urge you to consider this crucial step in your travel planning to protect both your investment and experience.
- Insurance Decisions: While we provide options for travel insurance, it is your responsibility to read the product disclosure statement (PDS) and seek independent advice regarding the suitability of any insurance product. We do not bear any responsibility for your decision to purchase or not purchase insurance.
- Timely Payments: Adhere to the payment schedule as outlined in our terms. This includes paying the initial deposit to confirm your booking and settling the final payment no later than 45 days before your trip begins. Failure to pay on time may result in the cancellation of your booking.
- Understanding of Terms: Familiarise yourself with our associated T&Cs and any other contractual obligations presented to you. By confirming your booking, you are agreeing to these terms.
- Coordination and Communication: Maintain open communication with our concierge team throughout the booking process. If there are any changes, issues, or concerns, it is your duty to communicate these to us in a timely manner.
- Use of Itinerary: Upon receiving your detailed itinerary, ensure that you understand and follow the provided schedule and guidelines. This itinerary is crafted to optimise your travel experience, and any deviations from it without prior consultation can result in missed bookings or other disruptions.
- Safety and Respect for Providers: Treat all service providers, accommodations, and activities with respect and adhere to any guidelines, instructions, or safety rules they may have in place. You are responsible for your own safety and actions during your journey. Any damages, misconduct, or violations may result in additional charges or liabilities for which you will be responsible.
- Professional Conduct: You are expected to engage with our consultants in good faith and with respect. We have a zero-tolerance policy for any form of disrespect or unprofessional behaviour
- Claims and Disputes: If you have any concerns or disputes related to the services provided, you must raise these with our Customer Care team promptly. Delayed claims or disputes may affect our ability to provide resolutions.
By engaging with our Concierge Booking services, you acknowledge and agree to these duties. Non-compliance with these duties may affect the quality of your travel experience and may result in additional charges or liabilities.
27. Deposits and Payments
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- Payment of 50% Deposit: To secure your customised concierge booking, a deposit of 50% of the total package price is required within 48 hours of receiving your invoice. This deposit is not just a reservation fee; it represents a commitment on both sides. It allows us to confirm and secure your detailed arrangements with our suppliers, and it commits you to your tailored travel experience in Tasmania. Variations may occur at the time of booking due to availability. If the full deposit is not paid within the 48-hour window, the offer will lapse, as the unique nature of these bookings prevents us from holding them indefinitely.
- Payment of 50% Balance: The remaining 50% of your package price is due no later than 45 days before your travel commencement date. Failure to remit this balance within the specified timeframe will result in the suspension of your bookings. A notice will be provided, and should the balance remain unpaid by day 40 prior to travel, we reserve the right to cancel the booking. At this juncture, you can opt for either a refund (subject to cancellation fees) or choose to rebook (subject to rebooking fees), and contingent upon availability and potential price alterations.
- Invoices and Payment Methods: Invoices will be issued for each payment due. While direct debit is the preferred method of payment, we also accept payments via Stripe. For payments made through Stripe, the associated fee will be incorporated into the total cost in accordance with Australian banking regulations. Please be aware that international clients might face higher bank fees. For prompt confirmation of bookings and timely payment of required deposits to suppliers, we recommend using card payments. Although we don’t charge card fees, your financial institution might impose transaction fees. Additionally, be advised that EFT bank transfers within Australia can take up to three business days to process, with international transfers potentially taking longer.
- All Inclusive Single Pricing: Unless additional fees are incurred as acknowledged by you and set out in these T&Cs, the package price for bookings includes any taxes, duties, fees, levies or charge imposed.
- Prices in AUD: All prices listed on our website are in AUD unless expressly stated otherwise. However, if you are directed to a third-party site, please check the applicable currency.
- Security and Privacy: For Concierge Bookings, you will be required to pay invoices issued. Your credit card details will not be retained post-transaction, unless advised to you in writing. We prioritise your privacy and, where details are retained on advice to you, we will not make personal details available to any third party.
28. Amendments Policy
Should you wish to make alterations to your travel plans, we will make every effort to accommodate these changes. However, due to the tailored nature of concierge bookings, certain amendments can incur additional costs, especially if they are requested closer to the travel date or if they necessitate changes to non-refundable bookings.
If amendments are needed after you have confirmed your quote and paid your initial deposit, be aware of the associated fees:
- Basic Amendments: $50 Administration Fee
- Complex Amendments: $200 Administration Fee (</= three hours consultant time)
Each Administration Fee mirrors the investment in time and expertise by our consultants to meet your revised requirements. These fees will be added to your package total and will become payable with your final deposit. Updated invoices will be issued when administration fees are incurred.
29. Postponement & Rebooking Policy
We understand travel plans can change, so we’ve established a Postponement & Rebooking Policy to provide travelers with flexibility and certainty. This policy is designed to work in tandem with our existing Cancellations & Refund Policy and Amendments to Bookings Policy.
29.1 Timing for Rebooking or Postponement Request Made
- Request Made Before Your Trip: If you wish to postpone or rebook your trip, please contact our Customer Care for a custom quote on the costs to postpone/rebook your trip, as the costs will vary from case to case, depending on the complexity of rebooking requirements. You will be responsible for any non-refundable fees already incurred, including an administration fee of $500 for concierge services already rendered on your previous booking. Then we will be required to calculate the consultant time and rebooking fees required in order to re-book your trip as you’ve requested. For reference, consultant fees may be charged at a rate of $100 per hour, and to re-book a 7-night tour, may require 5 hours of additional time. You agree, if you choose to re-book your trip, fees may be deducted from your prior booking fees paid.
- Request Made After Your Trip Starts: Generally, we do not accommodate postponements once your trip has commenced, and we would treat this as a completed trip, in which case no refunds or changes will be made. However, we understand that exceptional circumstances can arise, so we will consider such requests on a case-by-case basis. Please reach out to our Customer Care team ([email protected]) for assistance.
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- New Booking Date: All trips that are postponed must be rescheduled within 12 months from the original trip’s start date. The date for the new booking will depend on availability, and any price variations will be based on the new travel date or modifications to the itinerary. In cases where there isn’t a minor or major failure, if you do not reschedule your postponed trip within the 12-month period, then your booking will be considered void and no refunds or credits will be provided.
- Price Differences: If the cost of the new booking is higher than the original booking due to changes in season, availability, or other factors, the difference in price will be payable by the guest. If the new booking is of lesser value, after the deduction of reasonable fees, the difference will be refunded to you.
- Supplier Postponement Fees: Some suppliers may charge fees for changes or postponements. These fees will be communicated to you and will be payable in addition to any other fees mentioned in this policy.
- Communication: All postponement requests must be communicated in writing to our Customer Care team. We recommend doing this as soon as you are aware of the need to change your travel plans.
30. Cancellations & Refund Policy
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- Cancellations More than 45 Days Before Your Trip: If you cancel more than 45 days before your trip starts, we will refund your deposit after deducting any fees that have been reasonably incurred on your behalf. This may include supplier booking fees, payment provider or credit card fees, and a $300 administration fee which reflects the reasonable costs of concierge services provided in relation to your booking. If you choose not to cancel, we offer the option to postpone your trip in accordance with our Postponement & Rebooking Policy. Please reach out to our Customer Care team to discuss the best possible solution tailored to your circumstances. We recommend travel insurance for all travelers and for the policy details to be referred to in the first instance for any cancellations. While we will work with you to reschedule or rebook where possible, we may not be responsible for refunding costs in every case.
- Cancellations Within 45 Days Before Your Trip: If you cancel within this period, we will retain 50% of the total cost of your trip. This amount is to cover the reasonable costs we have already incurred on your behalf, inclusive of supplier fees and our reasonable administration fees for concierge services related to your booking, including a $500 administration fee which reflects the reasonable costs of concierge services provided in relation to your booking. We understand that circumstances can change, so we encourage you to contact our Customer Care team if you wish to discuss potential amendments to your booking.
- Cancellations After Your Trip Starts: In most cases, once your trip has started, refunds will likely not be issued. However, please contact Customer Care and we will review your cancellation request on a case-by-case basis to determine what options are available to you.
- Supplier Cancellations: Should any activity or booking be cancelled by any supplier engaged by us, due to circumstances beyond our control, those specific components will be fully refundable, or we will offer suitable replacements with alternative arrangements, subject to availability, or the option to a refund in accordance with our refund policy.
- Third Party Cancellations: No refund will be issued due to cancellations or delays of transport or services providers beyond our package (ie., if your connecting flight is delayed, or a ferry to Tasmania is cancelled).
- Failure By Us: If we fail to deliver on any booking, cancel or need to modify your booking for any reason beyond your control and within our control, please contact Customer Care. In cases involving failures by us, the Australian Consumer Law requires that we offer a refund, replacement or repair of the supplied goods and services of your choosing. We will review your situation on a case-by-case basis to determine and confirm options available to you for you to choose. In such cases, our goal is to find a fair resolution in full compliance with consumer laws when we are unable to fulfill the booking as originally planned and confirmed.
- No Change of Mind Refunds: We do not provide refunds solely based on a change of mind. Please review and confirm your details carefully prior to booking. Unlike some other purchases, the services provided by us do not come with a standard cooling-off period. This means that once you’ve made a booking or purchase, in order to keep uphold expectations we will often take steps in reliance of your booking, therefore we cannot accommodate change of mind refund requests.
- Provider Cancellation: If an experience or part of your package is cancelled by the provider due to uncontrollable circumstances, such as weather conditions, please consult with our Customer Care team.
- Major Unforeseen Event, Weather, and Illness Cancellations: If your travel is disrupted due to unforeseeable events beyond anyone’s control, such as natural disasters, political instabilities, or pandemics, please contact Customer Care. We will work closely with our suppliers and you to find the best possible solution. Similarly, cancellations owing to adverse weather conditions or personal illnesses will be addressed on a case-by-case basis, always keeping in mind the commitments made to our suppliers your overall customer experience.
- Optional Booking Transfers: Before cancelling your trip, you might consider the possibility of transferring your trip to another guest. If the trip is transferred to another guest to substitute you in your place for the same trip, then cancellation fees will not apply, however Administration Fees may apply for any booking amendments depending on the complexity of such amendments.
- Processing Refunds: All refunds will be processed to the original payment method unless otherwise specified. Please allow up to 10 business days for the refund to be processed and appear in your account. You will need to authorise us to collect bank details for refunds to be processed. We prefer payment by Strip to facilitate efficient refunds to be processed
31. Limitation of Liability
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- Limitation: To the fullest extent permitted by law, and except as expressly provided in these terms, we exclude all warranties, conditions, and representations about our Concierge Bookings, whether express or implied.
- Consumer Guarantees: Nothing in these T&Cs is intended to limit any rights or remedies that you may have under the ACL. If we breach a guarantee implied by the ACL in respect of services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and it is not a major failure, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
- Consultant Recommendations: While our consultants are trained professionals who strive to provide accurate and tailored travel itineraries, we cannot guarantee the complete satisfaction or suitability of the recommendations provided. We are not liable for any dissatisfaction or issues arising from the personal preferences or expectations of the traveller that were not explicitly communicated to us, or where we have not made promises of certain expectations ourselves.
- Supplier Acts or Omissions: We act as an intermediary between you and the suppliers of travel products and services. We are not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of any supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from the use of such products or services.
- Force Majeure: We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these T&Cs that is caused by events outside our reasonable control, such as natural disasters, political instabilities, or pandemics.
- Misuse of Website: We will not be liable for any damages or losses resulting from misuse of our website in breach of the limited use license granted to users. This includes, but is not limited to, unauthorised access, data breaches, or other cyber-attacks resulting from such misuse.
- Payment Processors: We are not responsible for any issues, errors, or failures related to payment processing. Any disputes or concerns related to these third-party services should be directed to the respective service provider.
- Maximum Liability: To the extent such limitations are permitted by law, our maximum aggregate liability to you in connection with these T&Cs, whether under contract, tort (including negligence), or otherwise, will not exceed the amount you have paid to us for the relevant Concierge Booking.
B. Deals & Family Deals
32. How Deals & Family Deals Work
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- Shop Our Travel Deals: Pick from any of our deals and family deals, available here: https://tasmania.com/deals and https://tasmania.com/family-deals. These are seasonal deal packages that don’t last long, so lock them in while they’re on sale.
- Confirm Booking Details: Tell us who’s coming, choose your travel date and time. (note the travel date must be over 14 days from the booking date.) Before you finish, make sure to read and agree to any extra T&Cs that might apply.
- Confirm Booking Request with Deposit: To request to book any of our Deals or Family Deals, you’ll need to pay a deposit (ranging from 25% to 50%, depending on the deal) via a check front on our website. Deposit payments are taken through our website, with payments handled securely through Stripe.
- We’ll Review Your Booking: Once you have made a booking request, we’ll double check all the features of your requested deal are available with our providers.
- We’ll Confirm Your Booking Options: Once we have reviewed your booking, we will send you a follow up email to confirm your booking options. If some of the features for your requested travel deal are unavailable on the dates you have selected, we will provide you with alternative options (as either upgrades or downgrades) with an invoice to finalise. If there are no upgrades or downgrades, the balance of 75% will be payable to confirm your booking. However, if, after receiving your invoice, you do not accept the deal, please confirm this, and we will issue a full refund of the deposit paid.
- 14 Day booking window: Please allow a 14 day booking window from date of booking and Travel start date to allow us to book all the elements of your deal. Bookings within this window are not guaranteed due to the turnaround time needed to book your deal. If we cannot book the deal you will receive a refund or alternative options (if available).
- Payment of Final Balance: Full payment is required within 7 days of receiving your confirmed bookings. However, if the booking is made less than 21 days before the travel date, payment must be completed at least 14 days before the travel date. Once final balance of the invoiced amount is paid, your booking will be locked in, ready to go.
33. Your Duties
When purchasing any of our Deals & Family Deals, you have the following obligations:
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- Selection: Ensure that you select the correct package or tour, date, and time that aligns with your travel plans.
- Provide Correct Details: When filling in your details, ensure that all information provided is accurate, complete, and up-to-date. This includes the names of all participants, contact details, and payment information. Any inaccuracies can lead to disruptions or complications in your booking. It’s especially crucial to double-check and confirm flight times and dates, as travelers frequently make errors with these details. Mistakes in flight information can lead to additional car hire costs or necessary changes in the itinerary due to client error. If you provide inaccurate information, this may necessitate an amendment to your booking, which can incur administration fees. We will rely upon the information you provide as accurate. Please remember to always verify your travel details to avoid unnecessary complications, disappointment or additional fees.
- Understanding of Terms: Before finalising your purchase, it’s your responsibility to thoroughly read, understand, and agree to our T&Cs. By proceeding with the payment, you are confirming your acceptance of these terms.
- Secure Payments: Ensure that you have sufficient funds and that your payment method is valid when making a payment through our website. We utilise Redzy Iframe and Stripe for secure payment processing, and any payment discrepancies or failures should be addressed promptly.
- Booking Confirmation: After making a payment, wait for our confirmation email which will outline the details of your package or tour. If you don’t receive this email within a reasonable timeframe, contact our Customer Care team for assistance.
- Communication: Maintain open communication with our team throughout the booking process. If there are any changes, issues, or concerns, it is your duty to communicate these to us in a timely manner.
- Adherence to Package Details: Once you receive the details of your package or tour, ensure that you understand and adhere to the provided schedule and guidelines. Any deviations without prior consultation can result in missed bookings or other disruptions.
- Safety and Respect for Providers: Treat all service providers, accommodations, and activities with respect and adhere to any guidelines, instructions, or safety rules they may have in place. You are responsible for your own safety and actions during your journey. Any damages, misconduct, or violations may result in additional charges or liabilities for which you will be responsible.
- Professional Conduct: Engage with our team, service providers, and other participants in good faith and with respect. Any form of disrespect, misconduct, or violation of the terms may result in additional charges or liabilities for which you will be responsible.
- Claims and Disputes: If you have any concerns or disputes related to the services provided, you must raise these with our Customer Care team promptly. Delayed claims or disputes may affect our ability to provide resolutions.
By purchasing any of our Deals & Family Deals, you acknowledge and agree to these duties. Non-compliance with these duties may affect the quality of your travel experience and may result in additional charges or liabilities.
34. Payments
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- Immediate Payment Requirement: To secure your selected Deals Package, full payment of the total package price is required upon booking. This immediate payment ensures your spot and allows us to confirm your arrangements with our suppliers promptly.
- Payment Deadline: Given the nature of Deals & Family Deals, an initial deposit is required upfront (at least 25% to be confirmed by agent at point of accepting your trip details25% of standard rates), with payment due once a final invoice is issued by our consultants. Failure to complete the payment will result in the package or tour not being booked.
- Invoices and Payment Methods: Upon successful payment, you will receive a confirmation email and receipt, with a full itinerary (like our tailored packed) for the package you’ve purchased.
- Payment Method: Payments can be made using Visa, MasterCard, or American Express credit cards. A 1.8% fee applies for Visa and MasterCard payments, and a 3.5% fee applies for international and American Express payments. These fees cited are estimates only, and are levied by third-party providers. We relay these fees either at cost or with a modest markup, in accordance with Australian regulations. International clients may be subject to higher transaction fees.
- All-Inclusive Pricing: Unless additional fees are incurred, as acknowledged by you and set out in these T&Cs, the package price for Deals & Family Deals includes any taxes, duties, fees, levies, or charges.
- Prices in AUD: All prices listed on our website are in AUD unless expressly stated otherwise. However, if you are directed to a third-party site, please check the applicable currency.
- Security and Privacy: All online bookings are secure transactions, and credit card details are not retained post-transaction. We prioritise your privacy and do not make personal details available to any third party.
- Acknowledgement on Default: Full payment is to be received as cleared funds by the due dates stipulated, or you acknowledge there may be cancellation fees that apply.
35. Amendments Policy
Should you wish to amend or rebook your Deals & Family Deals before your travel date, we will make every effort to accommodate these changes. Please contact Customer Care. Be aware that rebooking or amendment fees may apply. These fees are in place to cover the administrative costs and potential changes in supplier pricing or availability associated with altering your booking. Rebooking or amendment requests may incur an Administration Fee of $50 for simple amendments and $200 for complex amendments (requiring >/= 3 hours additional consultant time). Any requests to amend after a booking is confirmed may also have extra charges, depending on supplier terms, and will be subject to availability. Any additional fees payable will be payable prior to any amendments being made.
36. Cancellations & Refunds Policy
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- Variation After Request: If you make an initial booking, and due to demands, either an upgrade or downgrade is required to confirm your booking, you will have the option to cancel your booking with a full refund. However, this request should be made before paying the balance of the booking.
- More than 7 Days Before Your Trip:
- Cancellation: If you cancel your trip more than 7 days before its commencement, supplier cancellation fees will apply. These fees are reflective of the costs and commitments we’ve made on your behalf to our suppliers.
Depending on the specific supplier, these fees can range from 30% to 100% of the total package price. The specific supplier cancellation fees will be clearly advised on each product listing on our website.
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- Refund: You will be refunded the amount you paid minus the supplier cancellation fees. As these fees are determined by our suppliers and reflect the commitments and preparations made on your behalf, they can range from 30% to 100% of the total package price. The specific supplier cancellation fees will be clearly advised on each product listing on our website.
- Within 7 Days of Your Trip or After Trip Starts:
- Cancellation: If you cancel within 7 days of your trip’s start date or after the trip has commenced, a 100% cancellation fee applies. This fee is justified by the close proximity to the trip’s start date, where most of the costs associated with your booking are already committed, and the likelihood of filling your spot is significantly reduced.
- Refund: Generally, no refund will be provided due to the close proximity to the trip’s start date. However, if you believe that your circumstances warrant a refund, please contact Customer Care and we will review your request.
- Cooling Off and Change of Mind Refunds Not Feasible: Unlike some other purchases, the services provided by us do not come with a standard cooling-off period. This means that once you’ve made a booking or purchase, in order to keep uphold expectations we will often take steps in reliance of your booking, therefore we cannot accommodate change of mind refund requests.
- Supplier Cancellations: If any part of your package is cancelled by our suppliers due to unforeseen circumstances, we will provide a full refund for that specific component or offer a complimentary replacement, subject to availability.
- Force Majeure: In the event of cancellations due to unforeseeable events beyond anyone’s control, such as natural disasters, political instabilities, or pandemics, we will work closely with our suppliers and you to determine the most appropriate refund or alternative solution.
- Processing Refunds: All refunds will be processed to the original payment method unless otherwise specified. Please allow up to 10 business days for the refund to be processed and appear in your account.
37. Limitation of Liability
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- General Limitation: To the fullest extent permitted by law, and except as expressly provided in these terms, we exclude all warranties, conditions, and representations about our Deals & Family Deals, whether express or implied.
- Consumer Guarantees: Nothing in these T&Cs is intended to limit any rights or remedies that you may have under the ACL. If we breach a guarantee implied by the ACL in respect of goods or services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and it is not a major failure, our liability is limited, at our option, to:
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- In the case of goods: replacing or repairing the goods, or paying the cost of having the goods replaced or repaired; and
- In the case of services: resupplying the services or paying the cost of having the services resupplied.
- Indirect Loss: Except where limitations are not permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with these T&Cs.
- Supplier Acts or Omissions: We act as an intermediary between you and the suppliers of travel products and services. We are not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of any supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from the use of such products or services.
- Force Majeure: We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these T&Cs that is caused by events outside our reasonable control, such as natural disasters, political instabilities, or pandemics.
- Misuse of Website: We will not be liable for any damages or losses resulting from misuse of our website in breach of the limited use license granted to users. This includes, but is not limited to, unauthorised access, data breaches, or other cyber-attacks resulting from such misuse.
- Payment Processors and Booking Platforms: We are not responsible for any issues, errors, or failures related to payment processing by Stripe or bookings made through the Redzy platform. Any disputes or concerns related to these third-party services should be directed to the respective service provider.
- Maximum Liability: Except where limitations are not permitted by law, our maximum aggregate liability to you in connection with these T&Cs, whether under contract, tort (including negligence), or otherwise, will not exceed the amount you have paid to us for the relevant Deals or Family Deals.
- Acknowledgment: By purchasing a Deals & Family Deals package, you acknowledge that travel and the products and services offered may involve risk to your health and safety. You hereby assume all such risk and release us from all claims and causes of injury arising from any events or occurrences related to the purchased products and services.
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C. Plan & Book Yourself
38. How ‘Plan & Book Yourself’ Works
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- Start Your Search: Navigate to our “Plan & Book Yourself” page. Here, you’ll find a user-friendly search bar offering various options: Accommodation, Activities, Tours, Car Hire, and Campervan.
- Choose Your Preference: Click on the desired option you wish to explore and book.
- Accommodation & Activities: If you opt for Accommodation or Activities, you’ll be seamlessly redirected to a third-party platform, Redzy or Viator, to finalise your bookings. Please note that all transactions on Viator are governed by their specific terms and conditions.
- Tours Selection: Should you choose Tours, you’ll be guided to our Deals and Family Deals section on our website. The T&Cs specific to Deals & Family Deals will apply.
- Car & Campervan Hire: For those interested in Car or Campervan hire, our platform will display results curated by select travel providers. Bookings for both cars and campervans are facilitated through integrated APIs on our platform, ensuring a seamless experience for your convenience.
- Booking Confirmation: Upon the successful completion of your booking, a confirmation will be promptly sent to you, ensuring you have all the details of your chosen experience.
39. Your Duties
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- Proactive Planning and Research: Given that our consultants do not assist in the “Plan & Book Yourself” process, it’s essential for you to conduct your own research to ensure the chosen travel options suit your individual needs. Use common sense and take a proactive approach to your travel planning, considering factors like personal preferences, health requirements, and any other specific needs or constraints you might have.
- Accurate Information: Ensure that all information you provide during the search and booking process is accurate and up-to-date. This includes personal details, travel preferences, and payment information. It’s especially crucial to double-check and confirm flight times and dates, as travelers frequently make errors with these details. Mistakes in flight information can lead to additional car hire costs or necessary changes in the itinerary due to client error. If you provide inaccurate information, this may necessitate an amendment to your booking, which can incur administration fees. We will rely upon the information you provide as accurate. Always verify your travel details to avoid unnecessary complications, disappointment or additional fees.
- Understanding Third-Party Terms: When redirected to third-party platforms like Viator, Wotif, or DriveNow, it is your responsibility to familiarise yourself with and accept their terms and conditions before finalising any bookings. Remember, these providers have their own policies regarding cancellations, amendments, and refunds.
- Payment Obligations: Ensure that you have sufficient funds available for any bookings made. Declined payments can result in unconfirmed bookings or potential disruptions to your travel plans.
- Booking Confirmations: After completing a booking, review the confirmation details sent to you. If there are any discrepancies or issues, it’s crucial to address them immediately to prevent potential travel disruptions.
- Respectful Interaction: While our Platform aims to provide a seamless self-booking experience, you may occasionally need to interact with our concierge or support team or third-party providers. We expect all interactions to be respectful and constructive. Disrespectful behaviour will not be tolerated and may result in the termination of our services to you.
40. Payments
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- Immediate Payment Requirement: To secure your selected booking, full payment of the total price will be required at the time of booking.
- Payment Deadline: Payment is due immediately upon selection and checkout. Failure to complete the payment will result in the product selected not being booked.
- Payment Method: Payments can be made using Visa, MasterCard, or American Express credit cards. A 1.8% fee applies for Visa and MasterCard payments, and a 3.5% fee applies for international and American Express payments. These fees cited are estimates only, and are levied by third-party providers. We relay these fees either at cost or with a modest markup, in accordance with Australian regulations. International clients may be subject to higher transaction fees. These fees cited are estimates only, and are levied by third-party providers. We relay these fees either at cost or with a modest markup, in accordance with Australian regulations. International clients may be subject to higher transaction fees.
- Payment Receipt: Upon successful payment, you will receive a confirmation email and receipt detailing the product you’ve purchased.
- All-Inclusive Pricing: Unless additional fees are incurred, as acknowledged by you and set out in these T&Cs, the package price for Deals & Family Deals includes any taxes, duties, fees, levies, or charges.
- Prices in AUD: All prices listed on our website are in AUD unless expressly stated otherwise. However, if you are directed to a third-party site, please check the applicable currency.
- Security and Privacy: All online bookings are secure transactions, and credit card details are not retained post-transaction. We prioritise your privacy and do not make personal details available to any third party.
41. Amendments Policy
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- For Accommodation: contact Viator. Viator T&Cs will apply.
- For Activities: contact Viator or Rezdy, depending on which booking provider was used. Viator or Rezdy T&Cs will apply.
- For Tours: refer to Deals & Family Deals, for T&Cs.
- For Cars: contact Wotif. Wotif T&Cs will apply.
- For Campervans: contact DriveNow. DriveNow T&Cs will apply.
42. Cancellation & Refunds Policy
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- For Accommodation: contact Viator. Viator T&Cs will apply.
- For Activities: contact Viator or Rezdy, depending on which booking provider was used. Viator or Rezdy T&Cs.
- For Tours: refer to Deals & Family Deals, for T&Cs.
- For Cars: contact Wotif. Wotif T&Cs will apply.
- For Campervans: contact DriveNow. DriveNow T&Cs will apply.
43. Postponement & Rebooking Policy
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- For Accommodation: contact Viator. Viator T&Cs will apply.
- For Activities: contact Viator or Rezdy, depending on which booking provider was used. Viator or Rezdy T&Cs.
- For Tours: refer to Deals & Family Deals, for T&Cs.
- For Cars: contact Wotif. Wotif T&Cs will apply.
- For Campervans: contact DriveNow. DriveNow T&Cs will apply.
44. Limitation of Liability
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- General Limitation: To the fullest extent permitted by law, and except as expressly provided in these terms, we exclude all warranties, conditions, and representations about our Concierge Bookings, whether express or implied.
- Third-Party Platforms: Our platform may redirect you to third-party booking platforms or integrated APIs like Viator or Wotif, or iframe booking platforms on our site, like Rezdy and DriveNow for campervan bookings. We are not the owner, operator, advertiser, or promoter of the listed products and services on these platforms. Information, including rates and services, are provided by the third-party operator on their respective websites. Rates are indicative based on the minimum and maximum available prices of products and services. We make no representations whatsoever about any other websites which you may access through our platform. Some websites linked from our platform are independent and are not under our control. We do not endorse or accept any responsibility for the use of websites owned or operated by third parties and make no representation or warranty in relation to the standard, class, or fitness for purpose of any services. We do not endorse or warrant any products or services by virtue of any information or content linked from or to our site.
- Payment Processors: Payments for certain bookings are facilitated through third-party platforms like Stripe and Redzy. We disclaim all liability for any issues, delays, or failures related to these payment processors.
- Indirect Damages: Except where limitations are not permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use of the “Plan & Book Yourself” products.
- Maximum Liability: Our maximum aggregate liability to you for any claims related to the “Plan & Book Yourself” products shall not exceed the amount you paid for the specific service or product that is the subject of the claim.
- User Responsibility: Given the self-service nature of the “Plan & Book Yourself” products, you bear the primary responsibility for ensuring that your chosen travel options meet your individual needs. This includes conducting your own research, reading third-party terms and conditions, and using common sense in your travel planning.
- Australian Consumer Law: Nothing in this limitation of liability clause is intended to limit any rights you may have under the Australian Consumer Law. However, to the extent permissible by law, all warranties, conditions, and claims (whether express or implied) arising out of or in connection with the “Plan & Book Yourself” products are expressly excluded.
Part 4 – Other Features
45. Gift Purchases
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- Gift Eligibility: Gift vouchers can be purchased for use on our platform. These vouchers are available for purchase at https://tasmania.com/giftvoucher/.
- Gift Certificate: Upon purchasing a product as a gift, the buyer will receive a digital gift certificate with a unique number. This certificate can be presented to the recipient, who can then use the voucher for their desired purchase.
- Validity: All gift certificates for “Buy Now Packages & Tours” products are valid for a period of 3 years from the date of purchase, unless otherwise specified. It is the responsibility of the gift recipient to redeem the gift within this validity period.
- Redemption: To redeem a gift certificate, the recipient must contact our concierge team and quote the unique voucher number at the time of booking. If the cost of the booking exceeds the value of the gift certificate, the recipient will be responsible for paying the difference. Conversely, if the booking cost is less than the gift certificate value, the remaining balance will be forfeited.
- Cancellation & Refunds: Gift purchases are subject to the same cancellation and refund policies as regular purchases. If a recipient cancels a booking made using a gift certificate, any refund due will be returned to the original purchaser’s payment method, and not to the gift recipient.
- Lost or Stolen Certificates: We are not responsible for lost or stolen gift certificates. It is the responsibility of the buyer and recipient to keep the gift certificate and its unique voucher number secure.
46. Promotions and Competitions
From time to time, we may run promotions or competitions on our website. Specific terms and conditions will apply to each promotion or competition, and it is the responsibility of participants to familiarise themselves with these terms before participating.
Part 5 – Submitting a Refund or Rebooking Request
We understand that the world of travel bookings can sometimes be complex, especially for those who may not be familiar with the intricacies of travel arrangements. To assist you in navigating this process, please follow the below outlined procedures.
47. Making Requests If you wish to make changes to your booking, discuss potential cancellations, or seek a refund, it’s essential to communicate your request clearly and provide all necessary details. This will help us assist you promptly and effectively.
47.1 Written Requests:
Always put your request in writing. This ensures clarity and provides a record of communication. Send your written request to [email protected] .
47.2 Essential Details
In your email, please provide the following:
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- Booking Reference: This is the unique identifier for your booking invoice and allows us to quickly locate your details in our system.
- Planned Travel Date: Specify the date of your planned trip.
- Nature of Request: Clearly state whether you are seeking an amendment, cancellation, or refund.
- Explanation: Provide a brief explanation of the circumstances prompting your request. This helps us understand the context and address your concerns more effectively.
- Supporting Information: Attach any relevant documentation or information that supports your request. This could include medical certificates, official notifications, or any other pertinent details.
Refund Process: If your refund is approved, we will attempt to return the funds through Stripe if that was the original payment method used. If Stripe is not an option, you authorise us to collect the bank details of the individual who made the initial booking. This ensures we can process the refund, minus any applicable fees, efficiently.
47.3 Timely Responses
We aim to respond to all requests promptly. However, if your email does not contain the details outlined above, there may be delays in our response time as we gather the necessary information. By providing complete details upfront, you enable us to assist you more efficiently. We appreciate your cooperation and understanding. Our goal is to ensure that your travel experience is seamless and enjoyable, and clear communication is a vital step in achieving that.
47.4. Refund Processing Timelines
Upon receiving a valid request for a refund, we will process the refund within 10 business days. The refund will be made to the original payment method unless otherwise specified. Please note that while we process the refund promptly, the duration it takes for the refunded amount to reflect in your account may vary based on your bank or payment provider.
Part 6 – Customer Care Resolutions Process
48. Internal Resolution Process:
48.1 Initial Contact: If you have a concern or issue, in the first instance, please contact our Customer Care team at [email protected]. We aim to acknowledge your email within 5 business days and provide an initial response within 10 business days, with sufficient evidence in support of your request.
48.2 Detailed Investigation: If the matter requires a more detailed investigation, our team will inform you and provide an estimated timeframe for a resolution.
48.3 Resolution: We are committed to resolving any disputes promptly and fairly. Our Customer Care team will work closely with you to address your concerns and find a suitable resolution.
49. Discretion Where Response Not Warranted:
We maintain the discretion to choose not to respond to communications that we judge as irrelevant or not necessitating a response.
50. Internal Review:
50.1 Request for Review: If you are not satisfied with the resolution provided by our Customer Care team, you can request an internal review. This review will be conducted by a senior member of our team who was not involved in the initial dispute.
50.2 Review Process: The senior member will thoroughly review the matter, considering all relevant information and any additional details you provide. We aim to complete the internal review and communicate the outcome to you within 20 business days.
50.3 Outcome: The decision made at the conclusion of the internal review will be communicated to you in writing and will represent our final position on the matter.
51. External Dispute Resolution:
If, after the internal review, you remain dissatisfied with the outcome, you have the right to seek external dispute resolution. We recommend that you first complete our internal dispute resolution process before seeking external avenues. External dispute resolution processes may include mediation, arbitration, or legal action, and we will cooperate fully with any such procedures.
Part 7 – Consumer Guarantees
52. Consumer Guarantees:
In accordance with the Australian Consumer Law (ACL), we guarantee that our travel services will be:
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- Provided with due care and skill, ensuring an acceptable level of technical knowledge and expertise, and taking all necessary precautions to prevent loss or damage.
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- Reasonably fit for any purpose specified by you, the consumer. Any products or outcomes resulting from our services will also align with the purpose you’ve communicated to us.
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- Delivered within a reasonable timeframe when no specific time has been set. The definition of ‘reasonable’ will be contingent on the nature of the services provided.
53. Major vs Minor Failures:
In the event of a major failure, as defined by the ACL, you have the right to either cancel the services and receive a refund for any unconsumed services or continue with the contract and seek compensation for the difference in value between the service delivered and what you paid.
For minor failures, we commit to rectifying the issue free of charge and within a reasonable time. If we fail to address the issue promptly, you have the right to get the problem fixed by another party and seek reimbursement for reasonable costs or cancel the service and request a refund.
54. Compensation
If you suffer any foreseeable loss or damage due to our failure to meet the consumer guarantees, you may be entitled to compensation.
55. Non-excludability
It’s important to note that consumer guarantees cannot be excluded, even by mutual agreement.
56. Representations
It is against our policy to make false or misleading representations about our services. We aim to ensure that products delivered match what is advertised. If there are potential differences between the advertised products and what might be provided, we will clearly alert customers during booking. We ensure that descriptions and photos of our accommodation and tour experiences, are accurate and do not mislead customers regarding its price, quality, location, or amenities.
Part 8 – Recreational Travel: Notice, Risks & Duties of Care
57. Acknowledgement of Inherent Risks
Tasmania is renowned for its diverse natural landscapes and recreational activities. However, engaging in such activities can carry inherent risks. By booking with us, you acknowledge and accept the risks associated with recreational activities in Tasmania which may result in personal injury, death, property damage, and loss.
58. Duties of Tasmania.com:
58.1 Bookings
a. Concierge Bookings: Our trained travel agent consultants will diligently provide comprehensive and up-to-date information tailored to your specific travel plans, ensuring you are well-informed about each aspect of your journey.
b. Pre-packaged Travel Products: We aim to offer accurate and current information about each product, detailing its features, inclusions, and any associated requirements or risks.
c. Plan & Book Yourself: While we provide a platform for you to plan and book your itinerary, it is essential for travellers to conduct their own research to ensure the chosen activities and accommodations align with their preferences and needs. We will offer basic details and descriptions, but the onus is on the traveller to verify and ensure the suitability of these choices.
58.2 Reputable Providers:
We collaborate with providers known for their reputation in the industry. However, we do not independently verify the licensing, COVID clearances, or other specific credentials of these providers. For Concierge Bookings, our consultants engage closely with these providers to curate your experience. For Pre-packaged Travel Products and Plan & Book Yourself options, while we ensure the providers listed maintain appropriate standards, we cannot directly monitor their daily operations or guarantee absolute safety. Travellers are encouraged to review and assess providers to ensure they meet personal expectations and comfort levels.
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- General Duties
a. Updates: We will keep our Platform updated, especially concerning changes in travel advisories, restrictions, or significant events that might impact travel.
b. Customer Support: We will provide a channel for customer feedback, inquiries, and support, ensuring that any concerns or issues are addressed in a timely manner.
c. Data Protection: We will ensure that personal data provided by users is protected and used in compliance with relevant data protection regulations.
d. Continuous Improvement: We will periodically review and assess our platform and services to ensure we meet industry standards and provide value to our users.
59. Your Duties
a. Personal Assessment: You must assess the suitability of the recreational activities based on your personal health, fitness, skill level, and any medical conditions. Seek advice from qualified professionals if unsure.
b. Safety Gear & Instructions: Always use the appropriate safety gear provided and adhere to safety instructions and guidelines. If you’re unsure, ask.
c. Stay Informed: Tasmania’s environment can be unpredictable. Always check local weather reports, be aware of the conditions, and adjust plans accordingly.
d. Travel Insurance: It’s recommended that you obtain appropriate travel insurance covering medical, personal injury, and emergency evacuation.
60. Limitations of Liability:
Tasmania.com will not be responsible for any injury, death, loss, or damage arising from your participation in recreational activities or the use of travel products supplied unless it’s due to our negligence.
61. Local Regulations & Conservation:
Respect all local regulations, guidelines, and conservation efforts. This not only ensures your safety but also helps protect Tasmania’s natural beauty for future generations. By proceeding with a booking for recreational activities in Tasmania, you confirm that you’ve read, understood, and agree to these terms, and acknowledge the inherent risks and duties of care associated with such activities.
Part 9 – Online Safety Laws
62. Online Safety Laws (e.g., Cyber-Bullying)
We are dedicated to ensuring online safety and operate in line with online safety laws, including the Online Safety Act 2021 (Cth).
63. Prohibited Material
In accordance with online safety laws, the following materials are strictly prohibited: cyber-bullying, cyber-abuse, non-consensual intimate images, class 1 material, class 2 material, and any material that promotes, incites, instructs, or depicts abhorrent violent conduct. Users are bound not to post or share such materials on Tasmania.com and are encouraged to notify us immediately if they come across any such content. Users who violate this provision will be held responsible for any damages or consequences arising from such breaches, to the extent allowed by law.
64. Reasonable Steps for Breaches
We currently do not offer any feature that allows users to upload or exchange images or content. Tasmania.com functions as a ‘storefront’, meaning users cannot modify the website or post images or content. Should you post prohibited materials (e.g., within a review containing banned content), we hold the right to instantly delete such content and suspend the associated account without prior notice or liability.
65. How to Make an Online Safety Complaint to Us
If you suspect that any prohibited content has been posted or shared on Tasmania.com, please report it to us using the following method: email: [email protected]. Subject: Online Safety Report to Tasmania.com Content: Describe the content in question and attach any evidence (e.g., screenshots). We will review your complaint within three (3) business days and will take necessary actions, either by removing the content or documenting reasons for no further action.
66. Do NOT Report Complaints via Social Media
We urge users not to report such complaints on other platforms, such as our social media pages. Publicly sharing such complaints might raise privacy issues, especially if it involves third parties. We cannot ensure a timely and appropriate response unless the complaint is sent directly to our designated email.
67. Complaints to the eSafety Commissioner
Users can also lodge a complaint with the eSafety Commission using their online form at: https://www.esafety.gov.au/report/forms For general inquiries, the eSafety Commissioner can be reached through their contact form: https://www.esafety.gov.au/about-us/contact-us.
68. Designated Contact Point
For online safety complaints, please reach out to our COO Tracy Kennedy Phone: 1300 282 762
Part 10 – General Terms
69. Transitional Provision for Pre-Existing Travel Credits
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- Notice of Change of Ownership: As of 17 November 2023, the ownership and operation of this website transitioned from Now Ascended Group Pty Ltd (formerly Tasmania.com Pty Ltd) to Travelie Group Pty Ltd.
- Pre-Existing Travel Credits: If you were issued travel credits prior to 17 November 2022, the legal responsibility for those credits rests with Ascended Group Pty Ltd.
- Definition of “Transitional Grace Period”: Travelie Group Pty Ltd is offering a “Transitional Grace Period” until 31 December 2023. During this period, we will assist pre-existing travel credit holders in managing their credits, ensuring a seamless experience despite the change in ownership.
- Collaboration with Previous Owners: Within the Transitional Grace Period, Travelie Group Pty Ltd is offering to collaborate with Ascended Group Pty Ltd to address and manage your travel credits. It’s essential that you contact our Customer Care before the end of this grace period which will expire 31 December 2023, for assistance. From 1 January 2024, all inquiries regarding these credits will need to be directed to Ascended Group Pty Ltd.
- Queries and Assistance: If you hold travel credits and have questions or need assistance, please reach out to our Customer Care before 31 December 2023. After this date, you will need to communicate directly with Ascended Group Pty Ltd regarding your credits. While our extended support concludes on 31 December 2023, this does not imply the expiration of your travel credits. We advise you to determine the specific expiry date of your credits and to contact our Customer Care before the mentioned deadline for assistance.
70. Assignment
We reserve the right to transfer or assign our rights and obligations under these T&Cs to another entity without notifying you or incurring any penalty. You are prohibited from assigning, transferring, or sub-licensing any of your rights or obligations under these terms, either temporarily or permanently, to a third party without our explicit written consent. Any assignment of rights by you must be communicated to us unless otherwise allowed by applicable laws, such as the ACL.
71. Severability
Should any term of these T&Cs be deemed invalid, illegal, or unenforceable by a competent court or authority, the remaining provisions will continue to be valid and enforceable.
72. No Agency
These T&Cs do not establish any relationship of agency, partnership, joint venture, employment, or any similar association. Specifically, you do not possess any authority to obligate or bind us, or any of our related entities or affiliates, in any manner.
73. Governing Law
All claims, disputes, or issues stemming from or related to these T&Cs will be governed by the laws of Queensland, Australia. Any arising disputes shall be exclusively adjudicated in Queensland, Australia.
In situations involving choice of law considerations, the law of Queensland will prevail. You agree to cover our expenses if we need to transfer any dispute to Queensland from another jurisdiction.
74. Currency of Terms and Change Notification:
74.1 Currency of Terms: These T&Cs are current as of the ‘last updated’ date. Tasmania.com reserves the right to modify, amend, or update these terms and conditions at any time.
74.2 Notification of Changes for Existing Bookings: For users with active bookings, we will endeavour to provide advance notice of any significant changes to our terms that may affect their booking. We commit to not making adverse changes to the terms that apply to such bookings. Any modifications will be made in a manner that is fair and in compliance with the Australian Consumer Law (ACL).
74.3 General Notification: While we aim to notify our users of any significant changes to our terms, it remains the responsibility of the user to regularly review our terms and conditions to stay informed of any updates or changes. Such changes will be effective immediately upon posting on our platform. Continued use of the platform after any such changes constitutes your acceptance of the new terms. If you disagree with any changes made to these terms, you should cease using our platform immediately.
Last Updated: 14 September 2023
Legal Review: Square Pegs Legal, Australian Legal Practice, acting for Tasmania.com. Liability limited by a Scheme under professional standards legislation.