fbpx

Terms & Conditions

  • Booking & Advisory Service
  • Bfree Tours Small Group Tours
  • Website Terms of Use

Introduction

  • Please read the following terms and conditions carefully
  • You must not make any booking unless you are 18 years of age or older and understand and agree with the following terms and conditions.
  • These terms and conditions govern our relationship with you.
  • These terms and conditions apply to the person making the booking and all other persons on whose behalf the booking is made.
  • They apply to all bookings made through Bfree Tours, who are acting as agents on behalf of all of the Suppliers (including airlines, tour and cruise operators, car hirers and accommodation providers) in your booking.
  • Once we accept a booking from you on behalf of a Supplier, you will also have a separate contract with the Supplier, which will be governed by other terms and conditions. It is your responsibility to make yourself aware of those other terms and conditions.

Agency

  • We act as an agent for and sell various travel related products as an agent on behalf of numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as travel wholesalers (“Suppliers”).
  • Any brochures provided by us to you are supplied by Suppliers or are prepared by us based on content supplied by Suppliers, and we accept no liability for errors in that material.
  • Your oral and written instructions to us are authority for us to make travel bookings on your behalf and to arrange relevant contracts between you and the applicable Supplier. Notwithstanding this authority, we are not your agent and do not have any fiduciary duty to you.
  • We exercise care in the selection of reputable Suppliers, but we are not ourselves a provider of travel services and have no control over, or liability for, the Products provided by the Suppliers, who are third parties. No warranty or representation regarding the standard of any service or product is given.
  • All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the Supplier. We recommend that you read them before finalizing the transaction and we can provide you with copies of the relevant terms and conditions on request.
  • Your legal rights and remedies in connection with the provision of Products are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us.
  • Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us.
  • We may receive fees, commissions, gifts or financial incentives from third parties under this contract for acting as an agent.

Prices

  • All pricing quoted are in Australian Dollars (AUD).
  • All prices are subject to availability and can be withdrawn or varied without notice.
  • The price is only guaranteed once your booking has been paid for in full by you.
  • Prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increase.
  • Prices may include applicable taxes. Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports. Cruise bookings may be subject to port taxes and other fees which are also subject to change.

Bookings and Deposits

  • For some services provided we may charge a non-refundable service fee that will be advised at the time of consultation.
  • You will be required to pay a deposit or deposits when booking.
  • All deposits are non-refundable for changes of mind or cancellations by you.
  • Some airfares or services must be paid in full at the time of booking. 
  • Final payment is required no later than 50 days prior to departure unless otherwise stated.
  • Failure to make the final payment by the due date may result in the booking being cancelled and the deposit forfeited.

Payments

  • We accept payments via credit card or direct deposit.
  • The following credit card surcharges will apply when paying by credit card:
    • Mastercard – 1.3%
    • Visa – 1.5%
    • American Express – 1.8%
    • Diners Card – 2.5%
    • International Credit Cards – 3.0%
  • Credit card surcharges apply when paying by credit card. If for any reason any travel service provider is unable to provide the services for which you have contracted, your remedy lies against that provider and not against us. In the event that payment has been made to us by credit card, you agree that you will not seek to claim back from us for any credit card surcharges.

Amendment and Cancellation Fees

  • The following amendment and cancellation fees apply to all bookings.
    • Amendments and reissues will incur a fee of $110 per passenger per booking in addition to Supplier fees.
    • Cancellations will incur a fee of $220 per passenger per booking in addition to Supplier fees.
  • Some tickets may be non-refundable or transferrable.
  • Cancelled bookings may also incur Supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. 
  • Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued.
  • Where we incur any liability for a Supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. 

Refunds

  • We will not provide you with a refund for the service fee charged if the booking does not go ahead.
  • Refunds are subject to the Supplier’s terms and conditions.
  • Where a Supplier is required to provide you with a refund for the booking, we will provide the refund, subject to the Supplier's terms and conditions.
  • Where you seek a refund for a cancelled booking for which payment has been made to the Supplier, we will not provide a refund to you until we receive the funds from that Supplier (which may take up to 12 weeks dependent upon the Supplier processing time).
  • We are not responsible for Supplier delays in issuing refunds.

Travel Documents

  • It is your responsibility to review your travel documents carefully and advise us immediately of any errors in names, dates or timings.
  • Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider.
  • Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. 
  • Travel documents cannot be transferred to another person to use. 
  • All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. 

Passport / Visa

  • It is your responsibility to ensure that you have valid passports, visas, transit-visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility).
  • All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. 
  • Travellers departing Australia on a foreign passport may require a re-entry visa on return to Australia.
  • Visas are obtained from the issuing authority in Australia, usually an embassy. Visa requirements vary both by the country you are travelling to and the current citizenship you hold. Please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy.
  • Airline staff or immigration authorities will not allow you to pass through customs and board your flight without the correct documentation.
  • It is your responsibility to advise us if you are having difficulties obtaining or are unable to obtain the required passports, visas or permits.
  • If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
  • Passport / Visa information for the destination you wish to visit is available from DFAT (see smarttraveller.gov.au). 
  • We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us.

Travel Insurance

  • We strongly recommend that you take out travel insurance to cover your travel arrangements. Your insurance should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance.
  • Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.
  • Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. 
  • We can provide information to you about travel insurance. For details of the services they provide, including a quote, please refer to their Financial Services Guide/Product Disclosure Statement.

General Travel Advice

  • We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website smarttraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
  • You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.

Health Precautions

  • It is your responsibility to ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation.
  • In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country.
  • We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. 
  • General health advice for the destination you wish to visit is available from DFAT (see smarttraveller.gov.au). 

Frequent Flyer

  • It is your responsibility to let us know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking.
  • Notwithstanding that your details may be included in the booking we cannot guarantee that the Supplier will credit you with points for your booking.

Special Requirements

  • It is your responsibility to advise any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
  • Notwithstanding that your special requirements may be included in the booking we cannot guarantee that the Supplier will provide you with your requests.

Limitation of Liability

  • To the extent permitted by law, neither Bfree Tours Pty Ltd nor any of its, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. 
  • Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
  • Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).  This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth). 

Force Majeure

  • Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
  • For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
  • In the event that a force majeure applies:
    • The customer will be bound by the Supplier's terms and conditions.
    • We will provide customers with a credit equal to the value of your booking.
    • Where a Supplier offers a refund or credit, the commission received by the agent and Suppliers may be withheld.

Governing Law

  • These terms and conditions are governed, and construed in accordance with the laws of the State of New South Wales and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts entitled to hear appeals from those courts

Summary of Your Obligations

Before making a booking, it is important that you meet the following requirements:

  • You are over the age of eighteen (18) and have sufficient funds to pay for the travel services.
  • You have read our terms and conditions and if booking for third parties warrant that you have their authority to do so and have conveyed these terms and conditions to them.
  • You agree to indemnify us and the Supplier against any claims from third parties who have not in fact been properly informed.
  • You have read the terms and conditions of any applicable Suppliers 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 24 hours prior to travel to reconfirm your booking.
  • You warrant and acknowledge that you have accessed smarttraveller.gov.au for any specific information in relation to your intended destination.
  • You accept that Passport / visa and other required identification documents are your responsibility.

Under Development

Our website

Bfree Tours Pty Ltd owns and operates this website. In using this website, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions governing use of this website. If you do not accept these terms and conditions, you must refrain from using this website.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing any goods and services provided by us.

Disclaimer

We do not warrant or represent that the information in this site, the server that makes this site available or any of the products or services supplied through this web site are or will be free from errors, viruses, defects, omissions, or is suitable for your intended use, nor does it guarantee the accuracy or completeness of the information. Subject to any terms implied by law, which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in this website.
To the maximum extent permitted by law, we disclaim all implied representations and warranties, including, without limitation, implied warranties that the products and services offered and supplied through this website will be of merchantable quality, fit for any purpose or will comply with any descriptions on this website.

To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable in any way for any loss or damage of any kind, whether direct, indirect, special or consequential, howsoever caused (including through negligence), arising from or in connection with your use of this website or any linked website, or your inability to access this site or the purchase and use of any products and services supplied via this website.
All travel products and services offered and promoted on this website are products and services of third parties. We are only acting as an agent for these third party service providers and as such, we will not be liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result these third parties.

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. In the event that this website fails to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to use the website.

Your obligations

You agree to use this website for lawful purposes only. You must ensure that your access to or use of the information is not illegal or prohibited by law. This website is directed to and available for Australian residents only.

You are responsible for ensuring that you have all necessary equipment to use this website and receive the information and that such equipment is functioning correctly and is properly operated and maintained. You are responsible to ensure that no unauthorised use of or access to this website or the information entered by you is made.

You must take your own precautions to ensure that the process which you employ for accessing or receiving the information or this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your property. For the removal of doubt, we are not liable in any way for any loss or damage of any kind, howsoever caused (including through negligence), arising from or in connection with any interference or damage to your property which arises in connection with your use of this website or any linked website.

Indemnity

You release and indemnify us and our related bodies corporates (as that term is defined in the Corporations Act 2001 (Cth)) and their respective officers, employees and agents from and against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against those persons indemnified arising from or in connection with (a) a breach by you of these terms and conditions; (b) your unlawful or negligent act or omission; or (c) your wilful misconduct.

Copyright

All copyright in the information and in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or except as incidental to the reasonably contemplated use of this website, you may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to the public or create derivative works from any part of the information or this website; or (b) commercialise the information obtained from any part of this website, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web page. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Cancellation due to Error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Specific Warnings

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses, which you may sustain as a result of such activity.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

We may receive benefits from service providers to whom we provide linked web sites.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions, we will take reasonable steps to preserve the security of such information.

General

Bfree Tours Pty Ltd accepts no liability for any failure on our part to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive, in whole or in part, any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions in which case the remainder of these terms and conditions shall nevertheless continue in full force.