Terms & Conditions
1. About the Site
1. a) The Facility is the firstclass.com.au travel web site or one of its sub-sites which provide the ability to enter into transactions directly with us or with certain parties whose content appears on the site.
1. b) You acknowledge that some materials accessible through the facility is provided by third
parties and we are not responsible for this material.
1. c) Where the Facility provides the ability to enter into transactions with third parties we are not
responsible for those third parties or the goods or services they offer. Airlines and other third
party travel providers impose different terms and conditions on the sale of specific travel products
featured on this site. You should carefully read all the terms and conditions specific to the
product you are booking before finalising your travel transaction.
2. General Provisions
2. a) This agreement is governed by the laws in force in New South Wales . You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice.
2. b) Your use of this travel web site and on-line reservation facilities such as ‘booking form’ and ‘booking online’ here-by referred to as the ‘booking engine’ is subject to the following Standard Terms of Service and Trade:
• Ownership, copyright and trade marks
The content of this travel web site, fare finder and booking engine, the licensor and / or provider of this site (‘the Agent’). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent (firstclass.com.au).
• Accuracy of information and limitation of liability
The Agent does not endorse or recommend any particular travel service provider. The Agent and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user you acknowledge and accept that:
The Agent cannot and has not checked the accuracy of all information provided by travel service providers such as airlines and hotels. The listings may include errors and travel service providers such as airlines, hotels, wholesalers and car suppliers are requested and encouraged to correct and update their information regularly and as needed.
The Agent will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the facility.
You are solely responsible for the suitability of any travel service that you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services.
Any Agent’s role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable.
The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control.
The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent’s default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers.
Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointments.
3. a) To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided, including the booking engine.
3. b) The site and any service or facility is being offered to you “as you see it”. The Agent
will not be liable to you for the breach of any alleged warranty.
4. Use of the Booking Engine (booking Online)
4. a) In making a hotel, air or car reservation for you through the booking engine, the Agent will be acting as agent of the hotel/wholesaler, car hire company or airline concerned. The Agent accordingly accepts no responsibility or liability for any misunderstanding or error in database entered, whatsoever and howsoever caused, in respect of any reservation made through the booking engine.
airfares database are entered by a third party, and we can not guarantee the accuracy of all fare information. Once booking request is submitted, our consultants will confirm availability and total costing before proceeding with the booking.
4. b) The onus rests on you to read the booking rules and ensure your booking abides by these, to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the hotel, car hire company or airline via the Agent.
5. Use of Your Contact Information
As user of this travel website and any service or facility such as the booking engine, you agree and consent that the Agent may use, including to share with third parties, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) for all purposes directly connected with your reservation request.
As a condition for your use of this travel web site including any service or facility such as the
booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission on your part.
7. Clients Responsibility
7. a) By registering for the service, you warrant to us that you are at least eighteen years old You must have sufficient credit on your credit card account to meet all charges for travel services you book through this web site.
7. b) You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make.
7. c) You must keep secure any means of identification that we provide to you in order to access the service.
7. d) You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification.
7. e) You must not use the service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority.
7. f) You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your membership identification or password.
7. g) You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.
7. h) You acknowledge that we may receive all commission from transactions entered
8. GST Provision
If a goods and services tax or similar tax (“GST”) is or becomes payable in respect of any supply [made to you under this agreement/described in this invoice], then in addition to the [fee/price/consideration] payable, you must pay the amount of GST payable in the respect of that [fee/price/consideration]. The GST is payable at the same time and in the same manner as the [fee/price/consideration] or at such later time as firstclass.com.au may request.
9. Travel Specific Terms and Conditions
9. a) Rates & Price Variations
Airfares and prices displayed in fare search include taxes and airport charges, but subject to availability and changes. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by one of our consultants and paid for. Airline/hotel/car availability, fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Taxes, airport charges and any additional costs will be advised to you when your booking is confirmed.
9. b) Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until the booking is confirmed by one of our consultants. Airlines and other suppliers may change their prices without notice.
10. Air Fares – Special Conditions:
10. a) There are numerous rules and regulations affecting most advance purchase and other discounted air fares, which involve substantial cancellation or amendment fees, and in some instances there are no refunds whatsoever on cancelled holidays and or air tickets should you need to amend or cancel your travel plans. If you have any queries regarding these fees please do not hesitate to contact our office.
10. b) The timings shown on your ticket are subject to reconfirmation on both OUTBOUND and INBOUND journeys. Please contact the applicable Airline at least 72 hours before departure. Firstclass.com.au cannot accept responsibility for amended flight timings or numbers.
11. Security Deposit – Car Rental
On all car rental bookings, the majority of charges are pre-payable in Australia . On collection of your car you will however be asked for a security deposit up to the value of $1500 AUD. This deposit can be paid by cash or the car rental operator may accept credit card imprint. If the deposit is lodged in cash, then the refund will be made to you direct by the car rental operator less any appropriate costs. If a credit card is used, a charge will be added to your account covering petrol and ancillary cost upon termination of your rental.
12. Bonds for Apartments, Hotels & Campervans
On these products, you will be required to lodge a security bond to cover damage and other ancillary charges. These bonds can be paid by cash or credit card imprint. Bonds will be returned to you direct by the operator upon termination of the rental.
13. Availability & Prices
All packages offered are subject to availability and price variation until the balance is paid.
14. Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail or telephone call within 48 hours of your request being received. Please ensure you check your e-mail regularly. Payment must be received within 72 hours of booking confirmation unless otherwise agreed by us the agent. Failure to pay for tickets within this time results in automatic cancellation of the booking. We accept no responsibility for loss incurred due to automatic cancellation or failure of e-mail delivery.
15.Deposits and Final Payment
We require a minimum booking deposit of 10% of the balance of your trip or $150 whichever is greater. This is charged per person and deducted from your balance. The deposit is non-refundable if you should cancel. Additional deposits may be required by Travel Suppliers and Airlines. Final payment is required no later than 6 weeks prior to departure unless otherwise stated on your invoice. Some airfares or services must be paid in full at the time of booking.
We accept cash and cheque for all purchases. Cheque clearance of 10 working days is required. Credit card payments are accepted on most purchases however fees will apply see below. 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 Firstclass.com.au. In the event that the payment has been made to Firstclass.com.au, you agree that you will not seek to charge back your payment to Firstclass.com.au. Please note direct deposit takes up to 3 business days to process. If you are paying by this method you will need to pay at least 3 business days prior to the actual due date. You must notify your consultant of your payment once it has been made. Where you pay by cheque, you agree not to stop payment of the cheque even when you cancel a booking. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including and liability in respect of cancellation fees, before refunding the balance.
Cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Where we incur any liability for a cancellation fee or a charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.
If you are eligible for a refund once a booking has been cancelled, the balance less any non-refundable amounts and cancellation fees will be forwarded to you upon receipt of the refund from the Travel Supplier or Airline. Some refunds take upwards of 12 weeks to process.
It is your responsibility to ensure that you are aware of any health requirements for your travel destination and to ensure that you carry all necessary vaccination documentation. We can suggest a service provider to assist with this.
The Australian government through the Department of Foreign Affairs and Trade regularly updates travel advice on various destinations ?we recommend that you refer to www.smartraveller.gov.au for the latest updates before you book and before you travel.
Please advise your consultant of your frequent flyer details. Your consultant will pass these details on to the relevant supplier but cannot guarantee that the supplier will credit points for your booking. Please retain all boarding passes to allow verification of your travel if required.
Please advise your consultant of any special requirements you may have, for example, special meals, medical requirements and so on.
Certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports. All taxes are subject to change without notice.
Travel Insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Please complete your insurance form, sign it and return it to our office. We cannot issue your insurance until this form is provided regardless of whether payment has been made. If you decline travel insurance you will be required to sign a disclaimer.
25. Travel Documentation
25. a) Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia . Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. We will assist in providing information based on the information supplied by you in the booking form or booking engine. This information as well as other related information supplied by the Agent and any links within the site are supplied in good faith; however should be treated as a guideline only.
25. b) The final responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is the responsibility of you. The agent will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.
26. a) In all arrangements involving third parties firstclass.com.au acts only as agent of the client and no liability of any kind whatsoever shall be attached to firstclass.com.au in connection with or arising from such arrangement with a third party.
26. b) Firstclass.com.au will not be responsible for loss, damage or injury to any person or their property, howsoever caused. We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and ‘as is’. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services.
27. Changes to these Terms and Conditions
Firstclass.com.au has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.
Schedule of Fees (all fees are non-refundable)
|Amendment fee||from $50 per amendment|
|Cancellation fee (prior to full payment)||Loss of deposit|
|Cancellation fee (after full payment)||Varies|
|Credit card merchant fee||1.5% Visa / MasterCard 3% American Express/Diners|
|Itinerary Planning Fee||$100 (Transferable, taken off the balance of your booking)|
|Late Booking Fee||$75|