Cruise Terms and conditions

Cruises with flybuys travel is facilitated through 'Our Vacation Centre' Pty Ltd, ABN# 54 105 542 176

Introduction

    1. This web site is owned by Our Vacation Centre and below are our Terms and Conditions
    2. References to "us", "we" "our" shall mean flybuys travel cruise.
    3. References to “you”, “client”, “passenger”, and “member” shall mean an authorised participant in the “flybuys travel cruise” program.
    4. References to “supplier”, “wholesaler”, “provider” shall mean a supplier of cruise products.
    5. References to “booking channel”, “booking facilitator” shall mean a supplier of cruise products.
    6. When booking cruise products with flybuys travel cruise you acknowledge and accept to abide by these terms and conditions and those applying to the cruise product supplier with whom you have contracted to by that booking.
    7. We advise you to review the supplier’s Terms and Conditions and any relevant Product Disclosure Statements carefully before confirming your booking.
    8. We will not change any of our terms and conditions which apply to your booking after it has been made by us unless these changes are agreed with you.
    9. For future orders, our terms may change and we recommend you read them carefully and agree to them each time during the booking process.
    10. These terms and conditions were last updated on 01/10/2017.

flybuys Points

    1. Collecting flybuys points
      1. When making a cruise booking, you can collect flybuys points at a rate of 1 point, per $1 dollar spent. flybuys points will only be rewarded on the actual dollar values of your cruise booked with flybuys travel. To be eligible to collect flybuys points, you must have provided your flybuys membership number at the time of booking. If you join flybuys after you have made your booking, you will only be eligible to collect flybuys points on bookings made after the point of joining the program.
        flybuys points cannot be collected on flybuys travel cruise service fees
      2. The flybuys points you collect when booking your cruise with flybuys travel will be credited to your account within 14 days of your travel being completed.
    2. Redeeming flybuys points
      1. flybuys points cannot be redeemed against cruise bookings
    3. Missing flybuys points
      1. flybuys points collected will be credited to your account within 14 days of your travel being completed. In the unlikely event that your flybuys points have not been credited to your account, you can contact flybuys travel ( flybuys@ctmloyaltytravel.com ) within 6 months of the transaction being completed. Please ensure that you provide your flybuys membership number, name and travel booking confirmation number. Your claim will be acknowledged within 2 business days, and it may take up to eight weeks for your flybuys points to be credited to your account if your claim is successful.
    4. All cruises on flybuys travel will collect a minimum of 1 flybuys point, per $1 dollar. A selection of flybuys travel cruises’ products and transactions will enable the account holder to collect bonus flybuys points. Products eligible for bonus points will be clearly marked on the website with the applicable bonus points icon.
    5. The flybuys points collected shall be dependant on the product or transaction type. These values will be displayed online.
    6. flybuys travel cruise does not guarantee availability on any specific cruise in conjunction with flybuys points.
    7. Confirmation of your cruise is subject to availability.
    8. Cancellation of a confirmed cruise product will be subject to the cancellation penalties and conditions of the supplier or partner concerned.
    9. flybuys travel cruise or its agents bear no responsibility in regard to any penalties, which are the full responsibility of the flybuys travel cruise member.
    10. Terms and Conditions or offers made with these flybuys points are subject to revision and may change without prior notice.
    11. This offer is void where prohibited by law.

Privacy

    1. We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which can be viewed at http://www.ourvacationcentre.net/privacy.
    2. By providing personal information to us, you agree to our Privacy Policy and give your consent to us for the collecting, using and disclosing of your personal information as detailed in our Privacy Policy.
    3. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients such as overseas travel service providers (e.g. cruise providers) and our overseas related entities.
    4. Where we disclose your personal information to an overseas recipient, you agree that we will not be required to ensure the recipient’s compliance with Australian privacy laws or otherwise accountable for how the recipient handles your personal information.
    5. Your personal information has been provided either directly to us or via a third party flybuys travel cruise Partner. In providing your personal information to us either way, you agree to us contacting you either by phone, SMS or email, to manage reservations made by you; manage the operation of the flybuys travel cruise.
    6. All conversations of bookings made by you with our reservations staff are recorded for safety, legal and quality purposes.
    7. By making a booking with us you consent to any recorded evidence of your booking being used for purposes of resolving any booking disputes and in any court proceedings.

Warranties and Representations

    1. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, flybuys travel cruise gives no warranties and makes no representations regarding the cruise product provided by the supplier specifically; the usability, fitness of purpose, class, standard, rating or visual images of the cruise product advertised and is not liable for any misleading or false information, misrepresentations, inaccuracies and errors as a result of incorrect information supplied to us by such parties.

Limit of liability

    1. We do not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
    2. We will not be liable for damages of any kind related to your use of or inability to access this site. Access to this site, is not guaranteed and is subject to availability of communications links and access rights. As a user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site and you agree that access is undertaken at your own risk.
    3. By using this website you indemnify flybuys travel cruise and Affiliate Partners all liability for any claim, charge, demand, damage, liability, loss or expense of whatever nature whether arising directly or indirectly out of or in connection with the use of this site or any links provided by this site even if we knew they were possible, or they were otherwise foreseeable, including without limitation for consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of profit or income, loss of or damage to property and loss resulting from claims by third parties, damages incurred or suffered by reason of act or omission or incorrect information contained within these terms and conditions and which you as a member of the flybuys travel cruise program, commit in breach of the terms and conditions of this site.
    4. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited:
      • We will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with any products or services booked by us or displayed on the website or any linked website.
    5. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to either:
      • re-supply the service or
      • the cost of re-supplying the service or
      • value of the booking made.
    6. We sell cruise products from inventory supplied by a number of travel product providers and we cannot accept additional liability for unavailability caused by a supplier over-selling its own inventory.
    7. Without limitation, we will not be responsible if the cruise product is not available due to inclement weather conditions or other acts of God.
    8. 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.
    9. All quotations and reservations are made in accordance with known schedules and availability from our travel providers, and flybuys travel cruise will not be liable for any costs incurred due to any change in that schedule, availability or delays or resulting impact on changes to other arrangements.
    10. 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).
    11. 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.

Sales and specials

    1. In addition to these terms and conditions you are also bound by specific Terms & Conditions applicable to “specials” or “conditional sales of products and travel services” and these can be found on the promotional marketing e-mail, websites or on the booking confirmation and the voucher if supplied.
    2. Some bookings of specials and conditional sale products and travel services are non-refundable, non-exchangeable and cannot be cancelled or amendments under ANY circumstances.
    3. Sales cannot be used in conjunction with any other offer or combined with any other form of discount or membership.

Your obligations and responsibility

    1. When you make a booking with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and policies and by the conditions of the particular supplier. You must not make any booking unless you understand and agree all to our terms and policies. Once payment is made for the booking, it is deemed that you have read and understood the terms and conditions for the booking. If you have any queries, please contact us before making any booking for any service.
    2. You must be at least 18 years old to make a valid booking of any cruise product and flybuys travel cruise reserves the right to decline any booking unless proof of identification has been provided. Persons under 18 years old must be accompanied by at least one adult for the duration of any stay for any cruise product.
    3. On arrival at a cruise product location you may be required to supply a credit card for bond security purposes. If you do not have a credit card or one is not available, you may be required to pay a cash bond. Bond requirements are set by the cruise provider and may vary with each supplier as it is their discretion as to the amount required.

Problem handling and fairness

    1. We always try to settle any issues or complaints quickly and fairly.
    2. In the event that you have a problem with or complaint regarding any bookings please contact our Customer Support Department on 1300 830 786 or email us enquiries@ourvacationcentre.com

Capacity in which we act

    1. In all instances we act as booking agents only. As booking agents we are contracted by various third parties to sell and make reservations on their behalf.
    2. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make cruise bookings on your behalf and facilitate product purchases; such as cruise and to arrange relevant contracts between you and our various product/service providers.
    3. We exercise care in the selection of reputable suppliers, but we are not ourselves a provider of cruise products and have no control over, or liability for, the services provided by third parties.
    4. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers.
    5. We can provide you with copies of the relevant service provider terms and conditions upon request though any terms that are critical to the booking, will be relayed to you during the quotation or booking process.
    6. Your legal rights in connection with the provision of cruise products are against the specific provider and, except to the extent a problem is caused by fault on our part are not against us. Specifically, if for any reason (excluding fault on our part) any cruise provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

Governing Law

    1. If any dispute arises between you and us, our contract with you is governed by the law of Queensland, Australia. By booking with us you submit to the exclusive jurisdiction of the courts in Queensland, Australia.
    2. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.
    3. In cases of conflict or inconsistency, where these Booking Terms and Conditions are translated into a language other than English, the English text shall prevail.

Prices, Deposits, Payments and Cancellations

    1. Prices
      1. All prices are subject to availability and can be changed or withdrawn without notice.
      2. Price changes may occur due to matters outside our control, such as currency fluctuations, fuel surcharges, taxes and fare increases.
      3. Quoted price, availability and schedules are only valid at the time of the quotation and may change if the itinerary is booked later. You will be advised when receiving your quotation the period that is applicable for items contained within and can only be confirmed at time of booking.
      4. Fuel surcharges are levied as per the rules of the individual cruise line operators and may be applied at any time prior to departure. Additional terms and conditions imposed by the supplier may apply.
    2. Deposits
      1. You are required to make a deposit in respect of your cruise cost at the time of booking your reservation.
      2. The amount of the deposit varies according to the requirements of each cruise provider with whom we make your reservation and the amount of the deposit will be advised to you by your reservation consultant or shown online, before your booking reservation is confirmed.
      3. Certain cruise providers require the full amount of the cruise cost to be paid at the time of making the booking reservation. If this is the case your reservation consultant will advise you at the time of the quotation or booking and in the case of online booking the full amount is required at the time of booking.
      4. All cruise deposits paid are non-refundable (subject to your rights under the Australian Consumer Laws) but may be transferable on request depending on the circumstances of each booking. Contact one of our reservation consultants for details for assistance.
    3. Payments
      1. All monies paid to us, are received by us on behalf of the cruise provider with whom we are contracted and thereafter paid to them subject to our contractual marketing and reservation booking agreement with them.
      2. All monies paid by you to us will be and remain the property of flybuys travel cruise as a debt due and payable to the cruise provider with whom you are booked once the cruise to which the money relates have been provided.
      3. You agree and acknowledge that monies not required to be held in trust that we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
      4. Depending on the date of booking and date of departure, you may be required to pay for your cruise in full at the time of making the booking.
      5. In the case of bookings where only a deposit payment is required, you will be required to pay the balance of your cruise in full to meet the relevant supplier’s payment terms which is some instances will be a minimum of 8 weeks. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings. Reservations with some suppliers including operators require payment in full, at time of booking.
      6. You agree that the outstanding payment is required before confirmation of the booking can be made and that it is your responsible to pay the amount by the require time. Reminders are not sent to by us to you for any outstanding amounts.
      7. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we, or the Supplier reserve the right to treat your booking as cancelled by you and cancellation charges may apply.
      8. We shall process your payments either over the telephone, or online if you are making a booking through our website and making payment through our online mechanism.
      9. We may store details of your payment method in accordance with our Privacy Policy (securely using SSL encryption), however we shall not take any payments from your credit or debit card unless we have your authority to do so and the appropriate authorisation.
      10. All prices are quoted are in Australian dollars and are rounded off to the nearest denominator. All costs are inclusive of Australian GST unless otherwise advised.
    4. Credit Card Payment
      1. Online bookings do not incur credit card fees
      2. By providing your credit card details to us you irrevocably authorise us to process payments for all amounts owing by you for the cost of your cruise booking against this credit card on the dates below:
      3. The cruise deposit cost on the date on which you’re booking is confirmed.
      4. The balance of the payment for your cruise, after deducting your deposit payment, to meet the supplier’s payment terms. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings.
      5. The amounts that will be charged to you credit card and advised at time of quotation or booking excludes any merchant fee surcharges. Our Consultants can advise you of the surcharge at time of quotation or booking or the amount will be displayed on the website for online bookings.
      6. An alternative payment option not incurring merchant fees is available and you will be advised of this option at the time of quotation or booking.
    5. Cancellations and Changes
        1. Cancelled bookings may also incur additional supplier fees, which can equal up to 100% of the cost of the booking, regardless of whether travel has commenced.
      Per person per booking fee description Fee Including GST
      AUD
      Cancellations to cruise bookings may incur a per person fee * $275
      * Service fees are in addition to any supplier fees for changing or cancelling a booking
      1. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued.
      2. 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.
      3. 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.
      4. All government fees, port charges, surcharges and taxes are subject to change without notice until the final payment is made and documents have been issued.