Terms & Conditions
Platinum Tours Pty Ltd Standard Terms and Conditions for flights & transfers (PAT ST2020)
- What we mean
- In this Contract:
Additional Fees: those additional fees and reimbursement of costs and expenses charged by the Nominated Carrier (or any replacement carrier arranged pursuant to clause 2.5) and payable by the Client under this Contract in accordance with clauses 5 and 6;
Aircraft: the aircraft described in the Charter Confirmation (if any) or any alternative aircraft used to perform the Flight;
PAT: Platinum Tours Pty Ltd;
Charter Price: the combined price for the provision of the Flight by the Nominated Carrier (including fuel, oil, maintenance, landing, hangarage, parking, ground handling and the remuneration and expenses of air crew) together with the provision of brokerage and facilitation services by PAT, as set out in the Charter Confirmation and which is payable by the Client in accordance with clauses 5 and 6;
Check-in Time: the time or times stated in the Charter Confirmation or otherwise notified to the Client by the Nominated Carrier or PAT;
Client: the person, firm or body corporate entering into this Contract as identified in the Charter Confirmation;
Charter Confirmation: the document(s) seating out the aircraft charter requirements of the Client (including details of the Aircraft, Charter Price, Flight and Nominated Carrier) to which this Contract is appended, and which are hereby incorporated into this Contract;
Consumer: has the meaning given to it under Australian Consumer Law;
Contract: this agreement between PAT and the Client comprising these terms and conditions and any annex(es), together with all documents which are to be made a part of this agreement in accordance with clause 13.1 or are incorporated into this agreement by express reference in this agreement (such documents being part of this agreement to the extent so referenced);
Data Protection: applicable data protection law and regulations including, where relevant, the Information Privacy Act 2009 (Queensland);
Flight: the flight or, as the case may be, each of the flights, and any associated services, as set out in the Charter Confirmation;
Force Majeure Event: any event beyond PAT’s reasonable control including acts of God, explosions, revolutions, acts of terrorism, hijacking, insurrection, riot, civil commotion, war, national or local emergency, act of government, lock-out, strike, industrial dispute or action, crew, handling or air traffic control personnel issues, fire, lightning, flooding, fog, snow, embargoes, quarantine, requisition of an aircraft or cargo, acts or omissions of third parties, lack of serviceability of Aircraft or operation of Aircraft resulting from other unforeseeable events such as supply chain issues or a financial markets crisis, weather conditions, service bulletins, airworthiness directives, or accident to the Aircraft or any part of it, or the act of any authority;
Insolvency Event: where a person ceases or threatens to cease to carry on business, is found unable to pay its debts within the meaning of the Corporation Act 2001, has an administrator, receiver, administrative receiver or manager appointed over the whole or any part of its assets, enters into any composition with creditors generally, or has an order made or resolution passed for it to be wound up (otherwise than in furtherance of any scheme for solvent amalgamation or solvent reconstruction), being an individual is the subject of a bankruptcy petition or
order, or undergoes any similar or equivalent process in any jurisdiction;
Loss: any damage, injury, loss, partial loss, cost, claim or expense (including cancellation charges, loss of profit, consequential and indirect loss or damage of any kind, and liability to the Nominated Carrier);
Montreal Convention: the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal on 28 May 1999;
Nominated Carrier: any commercial air carrier or aircraft operator selected to provide the Aircraft for the period of the charter;
Passenger: (Pax) the person or persons who will be travelling on the Flight and with whom the Nominated Carrier will have a contract of carriage (commonly known as conditions of carriage) with, such contract being subject to the Montreal Convention and/or Warsaw Convention;
Personal Data: as defined in the Data Protection Act 1998;
Processing: as defined in the Data Protection Law (and cognate expressions shall be construed accordingly);
STD: the scheduled time of departure of the Flight, as set out in the Charter Confirmation;
Travel Documents: all Passenger tickets, baggage checks, air waybills, identity documents, visas and other documents required under the Montreal Convention, by any other applicable laws and by the authorities of states of departure, transit and arrival of the Flight; and
Warsaw Convention: the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929 or that Convention as amended by the Hague Protocol of 1955 or the Montreal Protocols of 1975 whichever may be applicable and in each case the Guadalajara Convention of 1961.
- If there is any conflict and/or inconsistency between these terms and conditions (including any annex(es)) and the Confirmation of Arrangements, the Charter Confirmation shall prevail but only to the extent of such conflict and/or inconsistency.
- In this Contract, unless the context otherwise requires:
- any gender includes the other genders;
- an enactment (which term shall include any directly applicable EC legislation) includes that enactment as amended, extended, consolidated, re-enacted or applied by or under any other enactment before or after the date of this Contract and any subordinate legislation made (before or after the date of this Contract) under that or any other applicable enactment;
- writing or written includes fax but not e-mail (save that written amendments to the Charter Confirmation may be agreed in accordance with clause 13.1 via email);
- the singular includes the plural and vice versa; and
- a person includes any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having a separate legal personality);
- an obligation on the Client to do, or to refrain from doing, any act or thing shall include an obligation upon the Client to procure that the Passengers, any sub-charterer(s) and the Client’s officers, employees, subcontractors or agents also do, or refrain from doing, such act or thing;
- headings are for convenience only and do not affect the interpretation of this Contract; and
- the words including, include(s) and in particular and any similar words or expressions are by way of illustration and emphasis only and do not operate to limit the generality or extent of any other words or expressions.
- PAT’s role and appointment
- The Client appoints and authorises PAT to make arrangements for the Flight on its behalf.
- In entering into this Contract, PAT neither acts nor holds itself out as:
- a principal in respect of, or providing, the Flight (or any part thereof);
- a licensed commercial air carrier or aircraft operator; or
- an agent of the Nominated Carrier or any other third parties involved in the Flight.
- The Client acknowledges and agrees that the Flight will be provided by the Nominated Carrier and other third parties (including handling agents, caterers and ground transportation) and that the Nominated Carrier and such other third parties will have the exclusive responsibility and liability for the provision of (or failure to provide) the Flight including maintenance and operation of the Aircraft and direction of the crew. The Nominated Carrier’s responsibilities and obligations to the Client in respect of the Flight will be set out and subject to the conditions of carriage.
- If at any time prior to the STD:
- the Aircraft becomes unavailable or unserviceable, PAT may, in its discretion, provide reasonable assistance to find a suitable substitute aircraft within a reasonable time after PAT becomes aware of the Aircraft becoming unavailable or unserviceable; or
- the Nominated Carrier becomes insolvent and ceases flight operations, PAT may, in its discretion, use reasonable endeavours to find a suitable substitute carrier within a reasonable time after PAT becomes aware of the Nominated Carrier becoming insolvent and ceasing flight operations. In both cases, the Client shall pay any Additional Fees. Where the Client is a Consumer, PAT will (as the case may be) provide reasonable assistance to find a suitable substitute aircraft or use reasonable endeavours to find a suitable substitute carrier.
- PAT shall discharge its obligations under this Contract with reasonable care and skill.
- General Client obligations and responsibilities
- The Client shall:
- comply with its obligations and responsibilities set out in this Contract;
- ensure that all information that it provides to PAT and the Nominated Carrier (including the Travel Documents) is provided within the timescales required, and is complete and accurate;
- comply with any requirements of the Nominated Carrier including the conditions of carriage, and all conditions of any licences and/or permits which relate to the Aircraft and/or the Flight; and
- comply with any and all decisions of the Nominated Carrier and the captain of the Aircraft. PAT is not responsible for any decision of the Nominated Carrier or captain of the Aircraft and any consequences thereof, including any effect on the performance of PAT’s obligations under this Contract.
- Loading and embarkation
- The Client shall ensure that the Passengers and their baggage and any cargo (including any domestic animals) shall be at the specified check-in point at the departure airport not later than the Check-in Time and that all Passengers possess all Travel Documents, and any domestic animals also have the necessary travel documentation.
- If the Flight is, or is to be, delayed beyond the STD by reason of any failure by the Client, any sub- charterer or any Passengers to comply with clause 4.1 or any other act or omission on the part of the Client, any sub-charterer or any Passenger, then without liability to the Client, sub-charterer(s) or Passenger(s) PAT may terminate this Contract and/or the Nominated Carrier may cancel the affected Flight, and cancellation charges shall be payable by the Client in accordance with clause 9.4.
- If it is necessary in the captain’s sole discretion for any Flight to be diverted in order to remove any Passenger whose conduct or mental or physical condition is such as to cause discomfort or nuisance to other passengers or involve any hazard or risk to the Passenger or other passengers or to property, then the Client shall indemnify PAT in full against any Loss (or in the case of a Client who is a Consumer, pay any reasonable losses, expenses and costs) incurred by PAT as a result of such diversion and/or removal.
- The Client acknowledges and agrees that the Nominated Carrier may, free of charge, utilise any part of the Aircraft not utilised by the Client or Passengers in such manner as it thinks fit.
- Charges and price variations
- The Client will pay PAT (or if directed by PAT, the Nominated Carrier) the Charter Price and Additional Fees (as may be varied in accordance with this clause 5).
- In addition to the Charter Price and Additional Fees, the Client shall pay PAT any additional
reasonable costs which are agreed by the parties or which, in PAT’s sole discretion, are incurred as a result of the Client’s instructions or lack of instructions, the inaccuracy of any information or material provided by or on behalf of the Client (or any sub-charterer or Passenger) to PAT (or the Nominated Carrier) or any other cause attributable to the Client, any sub- charterer or Passenger.
- All other costs arising out of or in connection with this Contract including all licence fees, clearance fees, non-objection fees and permission fees levied by national air carriers, baggage screening charges, security charges, increased airline insurance rates, customs duties, airport and passenger taxes, connections to and from airports, ground accommodation and cabin services, shall
exclusively be for the account of the Client (and the Client shall pay PAT or if directed by PAT, the Nominated Carrier) unless otherwise specified in this Contract.
- The Charter Price, Additional Fees and any other costs payable under or in connection with this Contract are:
- subject to any applicable taxes and also to any surcharge for any fuel, insurance or currency variations imposed by the Nominated Carrier from time to time; and
- exclusive of value added or sales taxes (if applicable) which shall be paid in addition by the Client at the rate ruling at the tax point.
- PAT is responsible for the safekeeping of the portion of the Charter Price which is payable to the Nominated Carrier, and the Additional Fees whilst the same are in PAT‘s bank account. As soon as such monies have been transferred to the Nominated Carrier, PAT bears no further responsibility or liability in respect thereof.
- The Client shall pay PAT the Charter Price and Additional Fees in accordance with the Charter Confirmation. Payment of any other costs due under or in accordance with this Contract shall be made within 2 weeks of the date of invoice or at least 2 working days prior to departure of the first Flight if sooner, unless agreed otherwise in writing by an authorised signatory of PAT. Time is of the essence as regards payment.
- If any payment is not received by the date specified in clause 6.1, PAT may, without prejudice to any other rights or remedies it may have in respect of such default (i) suspend provision of any services upon notice to the Client (ii) terminate this Contract in accordance with clause 9.2.1 and/or (iii) charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of The Reserve Bank of Australia from the due date until the outstanding amount is paid in full. The Client acknowledges that late payment may result in the Flight being cancelled and cancellation charges being payable by the Client in accordance with clause 9.4.
- All payments to be made by the Client under or in connection with this Contract shall be in cleared funds and without deduction, set-off or withholding.
- Licences and international regulations
- All Flights are conditional on the grant and continued retention of, and are subject to, the terms and conditions of (i) the relevant air transport licence issued to the Nominated Carrier by the relevant authority and (ii) any further licences or authorities which may be required for the operation of the Flight, whether required under the laws or regulations of the state in which the Aircraft is registered or any other state to, from or over which the Aircraft will be flown in the course of the Flight.
- If licences and authorities required for the operation of the Flight are in PAT‘s reasonable opinion not likely to be obtained in good time or where obtained are not likely to be retained, PAT shall have the exclusive discretion to cancel this Contract without any further liability to the Client, sub-charterer(s) or Passenger(s) except that PAT shall be obliged to refund monies paid by the Client after deducting (i) a reasonable amount for the costs of administration and
(ii) any non-refundable amount paid or payable to the Nominated Carrier.
- Changes, delays, alterations and diversions
- Any changes, delays, alterations and diversions in departures or arrivals shall be subject to the terms of the conditions of carriage.
- If for any reason the Aircraft is diverted from any destination airport, the Flight or the affected Flight as the case may be shall be deemed complete when the Aircraft arrives at the airport to which it has been diverted. Any Flight diversions or the effect of Flight diversions on the Client (or any sub-charterer or Passengers) shall be subject to the terms of the conditions of carriage.
- Where, at the request of the Client, PAT arranges for the Passengers to be transferred to their original destination by alternative means of transport, PAT shall be deemed to arrange such service as agent only for the Client and under no circumstances whatsoever shall be liable for any Loss incurred by the Client or any Passengers. The Client shall pay PAT any reasonable costs and expenses it incurs as a result of such transfer.
- Refunds (whole or partial) of the Charter Price owing due to the Nominated Carrier cancelling the Flight are subject to the terms of the conditions of carriage. PAT will offer the Client reasonable assistance in liaising with the Nominated Carrier as regards the consequences of making cancelling a Flight.
- Cancellation and termination
- The Client may cancel this Contract at any time prior to departure (except in order to travel with another carrier) by notice in writing to PAT. Upon such cancellation, the Client shall pay the cancellation charges set out in the Confirmation of Arrangements. PAT may apply any monies paid to it by the Client against such cancellation charges. To the extent further costs, expenses or damages are due from the Client under or in connection with this Contract, the Client agrees to pay such sums in accordance with clause 6.
- Without prejudice to any other rights or remedies that PAT has, PAT may terminate this Contract by notice in writing if:
- the Client commits a material breach of this Contract which is incapable of remedy or which, if capable of remedy, is not remedied within such reasonable time as PAT requires;
- the Client suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
- the Client, in PAT‘s reasonable opinion is, or is likely to, damage PATs’ reputation or trading position;
- licences and authorities required for the operation of the Flight are in PAT‘s reasonable opinion not likely to be obtained in good time or where obtained are not likely to be retained;
- the Client (or any Passenger, officer, employee, sub-charterer, agent or subcontractor) requires PAT or any officer, employee, agent or sub-contractor of PAT to act improperly for the purposes of the Bribery Act 2010; or
- the Client undergoes an Insolvency Event.
- Without prejudice to any other rights or remedies that the Client has, the Client may terminate this Contract immediately by notice in writing if PAT:
- commits a material breach of this Contract which is incapable of remedy or which, if capable of remedy, is not remedied within a reasonable period time; or
- undergoes an Insolvency Event.
- If PAT terminates this Contract in accordance with clause 4.2, 6.2 or 9.2, the Client shall forthwith pay PAT the cancellation charges set out in the Charter Confirmation together with any other costs, expenses or damages due under or in connection with this Contract. However, if PAT terminates (i) one or more out of a number of Flights or (ii) this Contract part way through performance of this Contract, the Client shall pay PAT cancellation charges which are based on such proportion of the Charter Price as PAT reasonably determines.
- Force majeure PAT shall not be liable for any default under or in connection with this Contract where such default is caused by a Force Majeure Event.
- Limitation of liability
- This Contract does not constitute a contract of carriage (or conditions of carriage) and PAT is not, and shall not be deemed to be, acting as a common carrier or other carrier in respect of any of its obligations under or in connection with this Contract, or any carriage provided to the Client by or on behalf of the Nominated Carrier. If PAT is deemed for any reason to be acting under or in connection with this Contract as a carrier, then to the extent to which such carriage constitutes international carriage under the Montreal Convention or, in any jurisdiction in which the Montreal Convention does not apply, under the Warsaw Convention, any liability of PAT to the Client, Passengers, any sub-charterer or the Client’s officers, employees, subcontractors or agents shall be subject to (and the Client agrees that PAT shall have the benefit of) the provisions of the Montreal Convention or as the case may be, the Warsaw Convention.
- PAT does not limit or exclude its liability in respect of:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- any other liability (including statutory liability) to the extent it is not lawfully permitted to limit or exclude it.
- If the Client is a Consumer, PAT is responsible for loss or damage the Client suffers that is a foreseeable result of PAT’s breach of this Contract or its negligence, but PAT is not responsible for any loss or damage that is not foreseeable or not caused by PAT’s negligence. Loss or damage is foreseeable if it is an obvious consequence of PAT’s breach or if it was contemplated by the parties at the time this Contract was entered into.
- Subject to clauses 11.2, 11.3 and 11.5, PAT’s total liability for all claims arising under or in connection with this Contract whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, howsoever arising shall be limited to 75% of the Charter Price paid (excluding any amounts refunded to the Client) under or in connection with this Contract.
- Subject to clauses 11.2 and 11.3, PAT shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Contract for:
- loss of business, revenue, profits, contracts, goodwill or anticipated savings;
- damage to reputation; or
- indirect, special, exemplary, punitive or consequential loss or damage, whether or not such losses were within the contemplation of the parties at the date of this Contract.
- Except as expressly stated in this Contract (including clause 2.6), all warranties and conditions, whether express or implied by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
- To the maximum extent permitted by applicable law, PAT does not give any warranty, guarantee or other term as to the quality, financial strength or solvency, fitness for purpose or otherwise of the Nominated Carrier or any third-party providers. Whilst PAT maintains records and information on many air carriers all over the world, it cannot guarantee that such information is up to date or that the Nominated Carrier will perform in the required manner. PAT relies on the third party due diligence sources such as Dunn and Bradstreet as well as CASA, the EASA and other aviation safety agencies, which may not be up to date or free of errors. In particular, the financial position of air carriers changes daily and such information is not always in the public domain or readily available to PAT. The assessment and selection of the air carrier who becomes the Nominated Carrier remains the Clients’ ultimate responsibility. PAT accepts no liability in this respect and undertakes only that in providing its services that it has acted in good faith and has not been wilfully misleading. PAT encourages feedback from clients as to their flight experience with the Nominated Carrier. This information assists PAT in providing operational feedback to the Nominated Carrier to assist them with their client care and internal quality assurance.
- The Client shall indemnify the PAT and its officers, employees, subcontractors and agents against all Losses (or in the case of a Client who is a Consumer, pay any reasonable losses, expenses and costs) arising out of or in connection with:
- any breach of this Contract by the Client, a Passenger, any sub-charterer or the Client’s officers, employees, subcontractors or agents;
- any act or omission by the Client, a Passenger, any sub-charterer or the Client’s officers, employees, subcontractors or agents;
- any domestic animals who travel on a Flight, including any damages caused by domestic animals; or
- any claim, action, demand or proceeding by a third party against PAT caused or contributed to by the Client, a Passenger, any sub-charterer, or the Client’s officers, employees, subcontractors or agents.
- Both parties shall:
- comply with the Bribery Act 2010 and not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
- have and shall maintain in place throughout the term of this Contract its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance and will enforce them where appropriate; and
- promptly report to the other party any request or demand which if complied with would amount to a breach of either this Contract or either party’s bribery policy and/or procedures.
- No modification, amendment or variation of this Contract shall be effective or binding on the parties unless made in writing and signed by authorised signatories of the parties.
- The Client shall not assign, transfer, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Contract without the prior written consent of PAT (such consent shall not be unreasonably withheld). PAT may at any time assign, transfer, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Contract.
- Nothing in this Contract shall render PAT (nor any of its officers, employees, agents or subcontractors) an employee, worker or partner of the Client and accordingly it shall not hold itself out as such. The Client shall have no authority to make representations, act in the name of, or on behalf of, or to otherwise bind PAT.
- Any notice given under this Contract shall be in writing and signed by or on behalf of the party giving it, and shall be served by delivering it personally or sending it by pre-paid first class recorded delivery to the relevant party at the address as set out in the Charter Confirmation. (Or acknowledged email) Notices shall be deemed to have been received if delivered and received personally, at the time of delivery and in the case of pre-paid first class recorded delivery, at the time recorded by the delivery service.
- Except as expressly provided in this Contract, the rights and remedies provided under this Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
- If any term in this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted. Any modification to or deletion of a term shall not affect the validity and enforceability of the rest of this Contract. If any term in this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is valid, legal and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- The failure to exercise or delay in exercising a right or remedy provided to a party under this Contract shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision.
- A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce or enjoy the benefit of any term of this Contract.
- This Contract sets out the entire agreement between the parties in relation to its subject matter and overrides any prior correspondence, arrangements, understandings, agreements or representations relating to its subject matter. Each party acknowledges that, in entering into this Contract, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that its only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) shall be for breach of contract. This clause 13.9 shall not (i) limit or exclude any liability for fraud; or (ii) apply where the Client is a Consumer.
- Each party undertakes that it shall not at any time disclose to any person any confidential information concerning this Contract, the business, affairs, customers, clients or suppliers of the other except where permitted in this Contract. PAT may disclose confidential information relating to the Client, any sub-charterer and the Passengers to the Nominated Carrier and any other third parties who need to know such information for the purposes of, or in connection with, the Flight. Furthermore, each party may disclose the other’s confidential information (i) to its employees and advisers who need to know such information for the purposes of carrying out the party’s obligations under this Contract provided each party ensures that such employees and advisers to whom it discloses the other’s confidential information comply with this clause 13.10; and (ii) as may be required by law, court order or any governmental or regulatory authority. Neither party shall use the other’s confidential information for any purpose other than to perform its obligations under this Contract.
- This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
- This Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Australian law. The parties irrevocably agree that the Australian courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Annex 1: Client Responsibilities
- Data protection
- Passenger information
The Client must provide the minimum Passenger information required by the destination country and it remains the responsibility of the Client to ensure that such information is correct and fully complies with the minimum Passenger information requirements of the destination country.
- Travel Documents and entry requirements
- The Client shall complete or arrange for the completion of the Travel Documents in such form as the Nominated Carrier or PAT may require as soon as practicable before the scheduled departure date of the Flight, or if applicable, the first Flight. It shall be the responsibility of the Client to ensure that properly completed Travel Documents are delivered to all Passengers in accordance with applicable law and that all Passengers comply with the provisions of such Travel Documents.
- The Client will check the relevant entry requirements for the country or countries the Passenger is visiting and ensure that each Passenger holds a valid passport, visas, re-entry permits and other required documentation which meet the requirements of relevant immigration and other government authorities.
- PAT, the Nominated Carrier and the relevant travel service companies do not accept any responsibility if a Passenger is unable to travel because of failure to comply with any passport, visa or immigration requirements. PAT can, on request from the Client, put the Client in touch with an organisation to assist with visa or immigration requirements.
- Compliance with laws and regulations
- The Client shall comply and shall ensure that all Passengers, their baggage and any cargo shall comply with all relevant and applicable laws, customs and regulations.
- The Client shall ensure on a continuing basis that, except where the Confirmation of Arrangements expressly specifies the charter type as ‘sole use’, both it and any sub-charterer are the holders of Air Travel Organisers’ Licences (or other national equivalent) and that any bond required to be maintained under the terms of any such licence is and will be in full force and effect during the period of this Contract.
- Insurance and medical conditions – Passengers
- The Client will ensure that travel insurance is in place in respect of each Passenger. Each Passenger should travel with adequate insurance cover. Such insurance will ensure that they are covered against unforeseen cancellation charges, medical costs incurred whilst away from home, personal liability claims, loss of money etc.
- The Client will:
- ensure that each Passenger is in normal health and capable of undertaking the Flight;
- make PAT aware of any pre-existing medical conditions of all Passengers as soon as possible (and in any event in sufficient time before departure of the Flight); and
- ensure that each Passenger is aware of any health requirements for their travel destinations including having any necessary vaccinations as and when required, and that the Passengers carry all necessary vaccination documentation with them when they fly.
Platinum Tours Pty Ltd Standard Terms and Conditions for tours & transfers (PAT ST2020)
Booking Conditions for Australia
Important Information – Please read these Booking Conditions carefully as they contain important information about your agreement with Platinum Tours Pty Ltd.
- ‘Client’ means the person or company making a reservation or booking with PAT, and if there are more than one persons or companies making the booking, these Booking Conditions bind them jointly and severally.
- ‘Booking Conditions’ means these booking terms and conditions.
- ‘PAT‘ means Platinum Tours Pty Ltd A.C.N 619 199 987
- ‘Suppliers’ means service providers engaged by PAT to provide certain components of a tour.
- Services provided by PAT
- PAT is a tour operator. The Client wishes to engage PAT as the Client’s agent to put together a tour for the Client in Australia, and select and engage Suppliers to provide different components of that tour.
- Formation of contract
- By making a booking request or by issuing instructions to proceed with a booking request with PAT, the Client acknowledges that they have read, understood and agree to be bound by these Booking Conditions.
- Reservations will be subject to availability and will be converted to bookings (subject to availability) upon receiving payment from the Client:
- a deposit of 25% of the tour cost for bookings made at least 90 days prior to the departure date. The deposit must be received by PAT within 7 days after notification of the reservation or the date 90 days prior to the departure date, whichever occurs first. The balance of the tour cost must be paid no later than 90 days prior to the departure date; or
- the whole tour cost for bookings made less than 90 days from the departure date. Payment must be received by PAT within 72 hours of notification of the reservation.
- A reservation will lapse if the Client does not pay the deposit or the tour cost by the due date for the relevant payment.
- A binding tour contract will be formed when PAT notifies the Client that it has converted a reservation to a booking under clause 3.2.
- PAT reserves the right to withdraw, change, cancel or reallocate the tour components, the tour cost and the departure date at its discretion at any time before the booking is confirmed.
- Any requested variation to a tour booking must be submitted in writing to PAT. PAT may decide in its discretion whether to accept a request for variation. PAT reserves the right to charge an administration fee of up to $200 AUD per person per variation. The Client must pay any extra cost arising from the variation including any cancellation fees incurred by PAT from third party suppliers, and the administration fee, within 7 days of notification by PAT.
- Cancellations & Refunds
- The Client must notify PAT in writing if it wishes to cancel any booking. Cancellations are subject to the Client paying the relevant cancellation fee set out below and will be effective only upon written acknowledgement by PAT.
- Cancellation Fees: If a cancellation is received more than 90 days prior to the departure date, PAT will retain or charge a cancellation fee equal to the full deposit (being 25% of the tour cost) as the cancellation fee. If a cancellation is received between 46 days and 90 days prior to the departure date, PAT will deduct or charge 50% of the tour cost as the cancellation fee. If a cancellation is received less than 46 days prior to the departure date, PAT will deduct or charge 100% of the tour cost as the cancellation fee. In addition, the Client will be required to pay any cancellation fees imposed by Suppliers on PAT, which are in addition to the cancellation fees detailed in this clause and are not covered by the cancellation fees detailed in this clause.
- No refunds can or will be given in connection with:
- any changes to the tour booking requested by the Client after departure;
- the Client’s failure to appear for the tour, or any component part of the tour, or the Client leaving the tour after its commencement; or
- the Client being excluded from the tour, or any component part of the tour, in accordance with these Booking Terms.
- the Client cancelling the tour or part thereof within cancellation terms as per clause 4.2 of these Booking Terms.
- any payments made to suppliers that cease to trade after any payment has been made to PAT by the Client
- The Client acknowledges that the Suppliers are independent contractors and are not under the direct control of PAT, and are not the agents or employees of PAT.
- PAT does not warrant the performance of any Supplier, and the Client releases PAT from liability for any loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by the Client which arises from any act or omission of a Supplier or failure by a Supplier to meet the Client’s expectations.
- Suppliers provide services in connection with the tour pursuant to their own terms and conditions, which the Client must comply with.
- PAT will not be held liable for any monies paid to Suppliers in advance for their services, and the Suppler then ceases operation. PAT will endeavour to engage a suitable replacement and the Client will be required to pay any additional costs incurred.
- Baggage is the responsibility of the Client. Restrictions may apply as to the weight, number of items and nature of the baggage for air travel. The Client must comply with such restrictions. Lost, damaged or delayed baggage is subject to the terms and conditions of carriage of the relevant carrier. PAT is not responsible for, and the Client releases PAT from, any liability for any lost, damaged or delayed baggage.
- Medical Conditions
- It is the Client’s sole responsibility to take all appropriate medical advice prior to departure as to whether the Client is fit enough to undertake the tour and as to the vaccines, medications and other precautions appropriate to the tour.
- The Client acknowledges that medical services and facilities may not be readily available during the tour, and that no medically qualified personnel will accompany the tour.
- Clients must inform PAT at the time of making a reservation (or any stage thereafter should the client become aware of a medical condition) of any medical conditions, which may affect the Client’s ability to participate in the tour.
- The Client acknowledges and agrees that PAT and its Suppliers may in their sole discretion exclude the Client from the tour or any activity if PAT or a Supplier considers that the Client is unable to safely participate in the tour or activity as a result of a medical condition.
- Travel Documents & Vaccinations
- It is the Client’s responsibility to ensure that all passports, visas, travel permits, health certificates, or other documentation required for the tour are obtained, and are in order, and that all required vaccinations have been obtained. It is the Client’s responsibility to meet any additional costs incurred either by the Client or by PAT on the Client’s behalf, as a result of any failure to comply with these requirements. PAT is not liable for any loss or costs incurred due to the Client’s failure to comply with this requirement.
- Liability, Risk, Responsibility and Limitation
- The Client acknowledges that there are inherent risks involved in participating in the tour, including close contact with native fauna and exposure to the harshness of the wilderness. By making a booking, the Client accepts all risks associated with the tour.
- The Client hereby releases PAT and its respective officers and employees from all actions, proceedings, claims and demands that the Client may otherwise have now or in the future against PAT, as a result of or in connection with, whether directly or indirectly the Client’s participation in the tour (except where PAT has breached these Booking Terms).
- Without in any way limiting the operation of the release in clause 8.2, the Client hereby releases PAT from all actions, proceedings, claims or demands that the Client may otherwise have now or in the future against PAT under the Trade Practices Act 1974 (Cth) (Act) for death or personal injury (as that term is defined in section 68B of the Act) that the Client may suffer or incur, whether directly or indirectly, as a result of any failure of PAT to provide services with due care or skill.
- The Client will be responsible for any loss or damage arising from their acts or omissions.
- PAT does not make any express warranties in relation to the tour, and PAT hereby excludes all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-Excludable Condition).
- PAT‘s liability for breach of any Non-Excludable Condition is limited, at PAT‘s option, to supplying the relevant services again, or paying the cost of having the services supplied again.
- PAT will not be liable for any loss of enjoyment, financial loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by the Client resulting from adverse weather conditions or other circumstances outside PAT’s influence.
- PAT will not be liable for any special, indirect or consequential losses or damages, regardless of the circumstances.
- In no event will PAT‘s liability to the Client under these Booking Conditions exceed the total price paid by the Client for the tour booked with PAT.
- PAT strongly recommends that Clients have comprehensive travel insurance. Insurance should cover, but not be limited to, cancellation fees and loss of deposit or balance payment, damage to and loss of baggage and money, medical and hospitalisation expenses, repatriation or curtailment expenses due to illness, the need to return home because of an unexpected death or illness in the immediate family, evacuation expenses and accidental death or disability. Clients should obtain exclusion waivers where appropriate for adventure activities excluded in travel insurance policies.
- It is the Client’s sole responsibility to obtain the appropriate insurance cover as set out in clause 9.1 of these Booking Conditions.
- PAT is not liable for any loss or costs incurred due to the Client’s failure to obtain adequate travel insurance, and the Client understands and accepts PAT’s full cancellation fees as set out in clause 4 of these Booking Conditions will be applied.
- Prices, Payment, Surcharges
- PAT will use all reasonable efforts to maintain the tour cost as quoted at the time of the tour booking. However, PAT reserves the right to pass on as a surcharge any cost increases due to circumstances outside its control, such as Suppliers increasing their costs. PAT will endeavour to notify Clients in writing as soon as it is aware of any likely surcharge. However, PAT reserves the right to invoice a surcharge without notice. If the surcharge is not paid within the time stipulated on the invoice, PAT will construe such non-payment as an act of cancellation on the Client’s part and the provisions of clause 4 will apply.
- All prices are quoted in AU dollars unless otherwise specifically indicated, and payments must be made in the currency quoted. PAT reserves the right to adjust prices quoted in currencies other than Australian dollars, to reflect fluctuations in foreign exchange rates or tariff markets. All prices are GST inclusive, unless specifically stated to be GST exclusive.
- If a refund is due to the Client, and payment for the tour had been made in a currency other than AU dollars, PAT reserves the right to calculate that refund based on the foreign exchange value attributed to the AU dollar equivalent at the time of refund.
- The Client acknowledges that PAT deals with various Suppliers as agent for the Client and acknowledges that it is general and common industry practice that PAT may receive and may be entitled to retain commission from travel and accommodation suppliers and other persons who supply goods or services in relation to the Tour. The Client acknowledges and agrees any such commission may be accepted by PAT in its absolute discretion and without any requirement to account to the Client.
- Commission referred to in clause 10.4 forms PAT’s payment as an agent for the Client in arranging a tour. If a booking is cancelled, in accordance with clause 4 of these Booking Conditions, PAT maintains the right to retain their commission from Suppliers.
- It is the Client’s responsibility to ensure payment of all taxes including Australian departure tax, and ticket levies, which should be paid when the airline ticket is purchased, prior to arrival in Australia.
- Special Needs & Requests
- Clients must inform PAT, prior to booking confirmation, of any special needs which, if not met, may adversely affect the enjoyment of their intended journey. PAT will notbe held liable for any loss of enjoyment resulting from failure to disclose information pertaining to the individual special needs of Clients.
- Clients must advise PAT in writing of any special requests, eg. diet or facility, when the reservation is made. PAT will, if reasonably possible, arrange for the request to be fulfilled.
- Any additional costs incurred by PAT or it suppliers, agents, contractors and service providers in accommodating the special needs and requests of Clients may be charged to the Client. PAT will inform the Client of any such charges prior to making the necessary arrangements.
- All information about PAT tours in PAT‘s information literature, and that of recommended operators, is to the best of PAT‘s knowledge, correct at the time of publication. Information should be checked prior to booking to ensure it is still current. PAT will not be liable for errors or omissions in material supplied to the Client by PAT or its Suppliers.
- The Client grants to PAT the right to use any images of the Client on tour for brochures and other marketing, promotional and company purposes. The Client agrees that no further consents, nor payment of any amount, is required for any use of images under this clause.
- Force Majeure
- ‘Force Majeure Event’ means any circumstances beyond the reasonable control of PAT (including, without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, terrorism, insurrection, piracy, civil disturbance, or requisition, sickness, epidemic or pandemic, quarantine, government intervention, weather conditions, alteration or cancellation of scheduled air services or other untoward occurrences). If PAT is affected by a Force Majeure Event PAT or its local agents, shall notify the Client as soon as reasonably practicable of the nature and extent thereof.
- PAT shall not be deemed to be in breach of these Booking Conditions or otherwise be liable to the Client or any other person, by reason of delay in performance or non- performance, of any of its obligations in these Booking Conditions to the extent that any such delay or non-performance is due to a Force Majeure Event.
- If the Client, PAT or its Suppliers are affected by a Force Majeure Event PAT will be entitled to, and may in PAT‘s sole and absolute discretion, vary or cancel the tour, or any component part of the tour. Payment of any refund by PAT to the Client as a result of the non-performance of any of PAT‘s obligations due to a Force Majeure Event will remain at its sole and absolute discretion, although PAT will use its reasonable endeavours to reimburse the Client where possible. However, PAT will be entitled to deduct from any refund, the actual and potential costs to PAT of the Force Majeure Event.
- In relation to a Force Majeure Event involving civil unrest or terrorism, once PAT has investigated the prevailing situation as it deems fit, it will remain in PAT‘s sole and absolute discretion whether to proceed with the tour. The Client may in such circumstances cancel the tour. However, if after having made all reasonable and proper enquiries, PAT is of the opinion that the tour may proceed, but the Client does not wish to proceed, no refund will be payable to the Client and the provisions of clause 4 will apply.
- Complaints/Dispute Resolution
- Clients who have any cause for complaint while travelling must immediately notify PAT and the relevant Supplier, where possible in writing, to give PAT the opportunity to remedy the complaint.
- PAT will not accept responsibility for complaints received more than 14 days after the occurrence of an event leading to the complaint.
- Both PAT and the Client will use alternative dispute resolution procedures to resolve disputes prior to resorting to legal proceedings.
- Compliance with Operator Instructions
- The Client must comply with the reasonable instructions of PAT and/or its Suppliers.
- Without in any way limiting its rights under other clauses of these Booking Terms, PAT may in its absolute discretion exclude a Client from the tour, or any component part of the tour, in the event that:
- the Client fails to comply with the reasonable instructions of PAT or its Suppliers;
- the Client makes themselves objectionable to other clients or otherwise interferes with other clients’ enjoyment of the tour;
- the Client jeopardises the safety of other clients, engages in illegal or undesirable behaviour or otherwise become a hazard to themselves or other clients.
- PAT requires certain information about the Client to provide the tour and other services. Without this information, PAT will not be able to accept the Client’s booking for a tour.
- PAT may disclose the Client’s personal information to its Suppliers for the purpose of arranging and booking the Client’s tour. The Client’s information may also be disclosed to related companies of PAT, and to agents, contractors and service providers who act on behalf of PAT or who provide goods or services to PAT. PAT may use the Client’s information to inform them of additional products and services which may be of interest. The Client may notify PAT‘s Privacy Officer at any time if they no longer wish to receive this material.
- The Client may request access to any personal information that PAT holds about them (although some requests may be denied in certain circumstances).
- Before providing PAT with details about another individual, the Client must ensure that the individual is aware of:
- the proposed disclosure of their information to PAT and the purposes for which the information is collected and used by PAT; and
- the individual’s ability to request access to the information PAT holds about then under the Privacy Act.
- Governing law
- These Booking Conditions are governed by the laws applicable in the State of Queensland and each party submits to the jurisdiction of the courts of the State of Queensland.