Booking Terms and Conditions
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. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, 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 (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let your consultant know or, for online bookings, contact us on +612 7257 7700. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. Our consultants can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). For online bookings, you can contact an external visa provider such as Visa Central (http://au.visacentral.com/109501) directly. We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
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.
If you are travelling to Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.
2. Travel Documents
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 travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change 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. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. If you have booked with a consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact your consultant to confirm when your travel documents will be ready for collection. If you have booked online, you should retain your electronic record or you should print out and retain your travel documents as provided to you by our website (or in a follow up email we send you). Please ensure you retain the most up-to-date version.
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.
3. Travel Insurance
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to FLY ME NOW on request. 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. Your travel consultant can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer’s Financial Services Guide (“FSG”)/Product Disclosure Statement (“PDS”).
We are an authorised representative of CoverMore Insurance Services Pty Ltd (ABN 95 003 114 145) ("CoverMore") and NIB Travel Insurance NIB Travel Insurance Distribution Pty Ltd (ABN 40129262175) (‘NIB”) and receive financial and non-financial benefits when you buy CoverMore travel insurance or NIB Travel insurance products through us. We and CoverMore / NIB are authorised to provide you with general advice about, and arrange, travel insurance products on behalf of the insurer, Zurich Australian Insurance Limited (ABN 13 000 296 640, AFSL 232507) & (NIB underwritten by Pacific International Insurance (ABN 83 169 311 193)
You must read the CoverMore / NIB Combined FSG/PDS before you decide to buy the CoverMore or NIB travel insurance product you are considering purchasing to ensure it meets your needs and financial situation. The Combined FSG/PDS also contains information about the conditions, limits and exclusions that apply to the insurance, the 15 working day cooling-off period, and how you can access Cover-More's & NIB’s privacy policy and complaints handling procedures.
Please contact your consultant, visit Covermore Website or NIB Travel website or call +612 7257 7700 to take out travel insurance through us or if you have any questions about Cover-More's travel insurance products. If you make a travel booking through us and decline travel insurance, you may be required to sign a disclaimer.
4. Travel Advice including COVID-19 (Coronavirus) Guidance
We recommend that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit their website at https://www.smartraveller.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.
We strongly recommend that you familiarise yourself with the current status and updates to Australia's immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au.
In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and final destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel.
You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
5. Health
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking 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 also available from DFAT (see https://www.smartraveller.gov.au).
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
6. Prices
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. Please note that 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, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your consultant for up-to-date prices.
7. Financial Arrangements
We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.
8. Deposit and Final Payment (Not applicable to online bookings, which must be paid in full at the time of booking)
You will be required to pay a deposit or deposits when booking or you will be advised of a cut off time for payment to be received. If your ticket needs to be issued by a specific cut off time/date your booking/flight will be cancelled without payment. Your consultant will advise you of how much that will be. Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider’s terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to FLY ME NOW having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit. A deposit will secure your booking/seat, however prices quoted may change before you make the final payment. Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.
9. Our Change and Cancellation Fees
Subject to your refund and remedy rights under the Australian Consumer Law, the following change or cancellation fees will apply to your booking (including online bookings and bookings made with a consultant), as set out in sections 11 to 15 below:
These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, your booking.
If you wish to change or cancel a booking that has been booked online and paid for using your credit card through Travelpay, you must contact our Online Customer Service Team on +61272577700 Any fees for such change or cancellation must be made via credit card and will attract the applicable credit card surcharge.
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
If you are sent a quotation and you make payment to FLY ME NOW Pty Ltd you are stating you are accepting all fees, charges and conditions as set out in your quotation. If any details are incorrect it is the customers repsonsibility to advise an agent before tickets are issued.
Adaptability Clause: FLY ME NOW reserves the right to modify, supplement, or replace these terms and conditions at any time, at its sole discretion. In the event of any variance between the terms and conditions outlined herein and those of our suppliers or partners, the terms and conditions set forth by FLY ME NOW shall prevail. Customers, clients, and users agree to abide by the most current version of our terms and conditions, which will be made available on our website or provided upon request. It is the responsibility of users to review these terms periodically for any changes. Continued use of our products or services after the posting of changes constitutes acceptance of such changes .
Quotation Acceptance and Responsibilities: By making payment to FLY ME NOW Pty Ltd based on a provided quotation, you are explicitly acknowledging and accepting all fees, charges, and conditions outlined therein. It is imperative that customers carefully review the details of the quotation. Should any discrepancies or inaccuracies be identified, it is the customer's sole responsibility to promptly notify a company representative before tickets are issued. FLY ME NOW Pty Ltd shall not be held liable for any misunderstandings or errors resulting from failure to communicate discrepancies prior to ticket issuance.
10. Service Provider Conditions
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider
11. Travel service provider Change and Cancellation Fees
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the supplier processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
12. Change or Cancellation by You
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees and FLY ME NOW change fees set out above, and you will be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and FLY ME NOW cancellation fees set out above, and we will provide you with a refund for the remaining funds (if any). Alternatively, FLY ME NOW or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or FLY ME NOW cancellation fees. If your deposit or booking is refundable, this is subject to FLY ME NOW having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or FLY ME NOW.
FLY ME NOW travel credits are subject to the FLY ME NOW travel credit terms and conditions .
13. Change or Cancellation by a travel service provider
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 14 and 15 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider’s change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or FLY ME NOW will deduct any unrecoverable costs, and any applicable travel service provider fees and FLY ME NOW cancellation fees set out above.
“Unrecoverable costs” means all reasonable, direct and indirect costs we have incurred in relation to your booking, and includes amounts paid by FLY ME NOW to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider’s change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or FLY ME NOW.
14. Unavoidable or Extraordinary Circumstances
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Booking Terms and Conditions “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).
15. Cancellation due to Unavoidable or Extraordinary Circumstances
If your booking is cancelled due to unavoidable or extraordinary circumstances, either the travel service provider will offer you a travel credit or FLY ME NOW may, subject to FLY ME NOW’s hardship policy, offer you a FLY ME NOW travel credit for the full amount paid by you.
FLY ME NOW travel credits are subject to the FLY ME NOW travel credit terms and conditions (please see section 33below).
16. Payments by Credit Card and Debit Card
Credit card surcharges of 0.80% for Visa, 0.50% for MasterCard, 0.80% for American Express, and 2.5% for Diner’s Club will apply when paying by credit card.
Debit card surcharges of 0.39% for debit card Visa and 0.27% for debit card MasterCard will apply when paying by debit card.
You authorise us to charge all fees incurred by you in relation to the services provided by us to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
If you choose to save your credit card details with us, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.
Cash Payment Limit: Due to Federal legislation, we are unable to accept cash payments of $10,000 or more per booking; this includes multiple payments for the same booking which total $10,000 or more. Cash payments of less than $10,000 per booking can be accepted; this includes multiple payments for the same booking which total less than $10,000.
17. Additional fees applicable
If your booking was made by credit card the supplier may charge additional Merchant fees. As such the agent will advise of any such fees at time of booking.
18. Payments via Poli (Online bookings only)
Payments by Poli will not incur any additional fees.
19. Payments via Stripe (Online bookings only)
Payments by Stripe will not incur any additional fees.
20. Payments by Cheque (Not applicable to online bookings)
Please note that cheque payments (excluding bank cheques) require about 5 business days to process. If you are paying by this method you will need to make the payment at least 5 business days prior to the actual due date. You agree not to stop payment of the cheque even when your booking is cancelled for any reason (including by reason of matters outside your or our control). You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees, before refunding the balance to you.
21. 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.
22. Service guarantees
Our booking and advisory services come with guarantees under the Australian Consumer Law that:
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
23. Agency
We act as an agent for, and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service 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 travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
24. Liability
To the extent permitted by law, neither FLY ME NOW nor any of its related bodies corporate, directors, officers, employees, servants 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 Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
25. Special Requirements
Please liaise with your consultant or, for online bookings call +612 7257 7700 regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
26. Frequent Flyer or Other Loyalty Program
When booking with one of our consultants, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. If you are booking online, please insert these details in the space provided for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.
27. Schedule Changes
We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight.
28. Privacy Policy
We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which is available online on our website. By providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy. 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 recipients may include the overseas travel service providers (e.g. airlines, accommodation or tour providers) with whom you make a booking. These travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to our overseas related entities and to service providers who perform services for us within and outside of Australia. Generally, we will only disclose your personal information to these entities and/or persons in connection with the facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any entity and/or person (including any overseas recipients), you agree that: (i) in the case of travel service providers or other recipients who are providing services directly to you, we will not be required to ensure that recipient’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information and you acknowledge and agree that your rights in relation to their handling of your personal information are governed by the contract between you and that recipient (which may include their privacy policy); and (ii) in the case of our related entities and travel service providers who perform services for us, we will take reasonable steps to ensure that recipient’s compliance with Australian privacy laws. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person and/or entity.
29. Monies Not Held On Trust
You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of FLY ME NOW and will be a debt due and payable to the travel service provider in accordance with the payment terms we have agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms we have agreed with that IATA airline. In the event we are still holding the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.
30. FLY ME NOW Travel Credit
All FLY ME NOW travel credits are subject to the following FLY ME NOW travel credit terms and conditions:
a. Your FLY ME NOW travel credit (Travel Credit) will be valid until stated on your voucher and can not be extended or redeemed for cash. (Term). You may redeem your Travel Credit during the Term for a future booking which involves travel that will happen after the expiration of the Term. Please note that FLY ME NOW will continue to review the expiration date of the Term as we evaluate the impact of travel restrictions due to COVID-19.
b. Until the expiration of the Term, if you are unable to use any portion of your Travel Credit and you request a refund, we will gladly action this (subject to FLY ME NOW having received the funds from the travel service provider, and having been authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy), and no FLY ME NOW cancellation fees will be charged.
c. Travel Credits: (i) are non-refundable during the Term but are refundable in full at the expiration of the Term, which are non-refundable; (ii) are non-transferable; (iii) are not cash or currency, and are not a stored value, gift card or store credit product; (iv) cannot be combined with other offers, vouchers or discounts; (v) cannot be redeemed for cash or credit, except where required by law or in accordance with these terms; and (vi) cannot be used or reissued past the Term except at the sole discretion of FLY ME NOW. You may not purchase or sell Travel Credits and FLY ME NOW does not sell Travel Credits. Travel Credits are the property of FLY ME NOW until redeemed against a booking.
D. If you initiate a credit card dispute or chargeback with your bank or credit card company for the return of the funds charged for your travel booking, you won't be eligible for a Travel Credit for such booking. To the extent permitted by law, FLY ME NOW reserves the right to refuse, void, cancel, reject or hold for review your Travel Credit if we believe that you have initiated a chargeback for your travel booking and also elected to receive a Travel Credit despite the chargeback.
e. By accepting a Travel Credit, you are agreeing that the Travel Credit is in lieu of any refund you might be entitled to receive in connection with cancelling your travel booking whether under the COVID-19 cancellation policy, our Booking Terms and Conditions, or applicable law. By electing to receive a Travel Credit and/or by using the Travel Credit you are agreeing to these Travel Credit terms and conditions.
f.. Subject to your rights under Australian Consumer Law, upon acceptance of a Travel Credit, you release FLY ME NOW from any and all claims and liabilities, without limitation, relating to your travel booking, your inability to complete the travel booking, and/or any refund or compensation you might be entitled to in relation to cancelling your travel booking.
g. Except where prohibited by law, FLY ME NOW reserves the right to refuse, void, cancel, reject or hold for review any Travel Credit mistakenly applied in an incorrect denomination or applied or procured, directly or indirectly, in connection with fraudulent actions, fraudulent claims, compensation abuse or in connection with any violation of these Travel Credit terms and conditions or FLY ME NOW's Booking Terms and Conditions. FLY ME NOW also reserves the right to any remedy, including disqualifying you from participation in the Travel Credit offer, if it suspects or determines that you have committed fraud or otherwise violated the Travel Credit terms and conditions or FLY ME NOW's Booking Terms and Conditions.
31. Modifications of these Booking Terms and Conditions
We reserve the right to modify any of these Booking Terms and Conditions (including the Travel Credit terms and conditions) at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the www.flymenow.com.au website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking (including by using any Travel Credit) with us.
32. Governing Law
If any dispute arises between you and us, the laws of Australia will apply. 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.
33. Acknowledgement
You acknowledge that you are 18 years of age or older and that you understand and agree with the above Booking Terms and Conditions and our Privacy Policy.
Advertising & Brochures Terms and Conditions
REGARDING OUR SUPPLIERS BROCHURES & ADVERTISING: Please read the following “Booking Terms and Conditions” carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to “FLY ME NOW”, “us”, “we” and/or “our” in these Booking Terms and Conditions shall mean FLY ME NOW Travel Group Limited. References to “you” and “your”, in these Booking Terms and Conditions shall mean the customer. By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with our consultants (in-store, over the phone or by email) as well as online bookings you make on our website. We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking Terms and Conditions.
BROCHURE & ADVERTISING ERRORS & OMISSIONS:
While every effort is made to ensure the accuracy and currency of the information in the brochures and any marketing we publish either in print or online, errors or omissions may occur. FLY ME NOW disclaims all liability to any party for loss or damage resulting from such errors and omissions. All such errors and omissions identified post the date of publication are notified to our retail partners. Please check with your agent for all up-to-date corrections, including prices and inclusions.
AGENCY: We act as an agent for, and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service 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 travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
Terms and Conditions – FLY ME NOW reserves the right to change these Terms and Conditions at any time and will update the information on our website.
IMPORTANT
Please read the following “Booking & Advisory Services - Terms and Conditions” (Booking T&Cs) carefully, as they contain important information about your legal rights, remedies, and obligations.
By making any booking for Travel Products with Us, you agree to comply with and be bound by these Booking T&CS, which apply to any bookings you make with our consultants ([in-store], [over the phone] or by [email]) as well as [online bookings you make on our website].
Do not make any booking unless you understand and agree with the following Booking T&Cs and any other terms and conditions of the Travel Provider relating to the Travel Products you buy from us (Travel Provider T&Cs). You should read all of the relevant Travel Provider T&Cs before acquiring Booking & Advisory Services from us.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law, but we do not give any guarantee or warranty, and do not make any representation of any kind, express or implied, with respect to the use of our Website or the Booking & Advisory Services supplied in addition to those rights.
1. Definitions
"We" and "us" means [FLY ME NOW] (29918078428), trading as [FLY ME NOW].
"You" or "your" means any user of our Website or any person who acquires the Booking & Advisory Services, including any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by you on behalf of another person or by another person on behalf of you).
"Booking & Advisory Services" means services provided by us to you in assisting you to acquire a Travel Product from a Travel Provider and includes advisory and consulting services and facilitation of your purchase from one or more Travel Providers.
“Travel Provider” or "Travel Providers" means the company or person who provides you with the Travel Product such as airlines, tour and cruise operators, car hirers and accommodation providers. This may also include ticket consolidators and wholesalers that we use to facilitate travel with the Travel Provider.
"Travel Product" means the service or product provided by a Travel Provider, such as flights, accommodation and ground transport.
"Website" means our website [Travel Agency - FLY ME NOW]
2. Key Terms
2.1 Agency
a) We are a travel agent. We sell Travel Products on behalf of Travel Providers.
When we provide Booking & Advisory Services and once you have made a booking with us, you will have a contract with us in relation to the Booking & Advisory Services and a contract with the relevant Travel Provider(s). Subject to your rights under the Australian Consumer Law, your rights to amend or cancel your booking and any right to a refund will be governed by the relevant Travel Provider T&Cs and these Booking T&Cs.
b) Upon request, we will provide to you a summary of the Travel Provider(s) change and cancellation conditions. [via separate email, via a summary on the itinerary etc]. If you are not sure of the Travel Provider Terms and Condition or if you would like a full copy of the Travel Provider Terms and Conditions we will provide this to you upon request. [You may request a copy from your agent at any time the full Travel Providers T&C’s]
2.2 Liability of Agency and Limitation of Liability
a) Your legal rights in connection with our provision of Booking and Advisory Services are against us.
Subject to your rights under the Australian Consumer Law, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with:
(i) any failure or delay on the part of the Travel Provider or any third party in relation to the supply of Travel Products to you.
any acts or omissions of Travel Providers or third parties in the course of supplying Travel Products (including any liability in contract, tort or otherwise, for any direct, indirect or consequential injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any Travel Provider and including but not limited to lost profits or savings or damages for disappointment).
(ii) any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
use of (or inability to use) our Website or any linked website;
(iii) disruption to our Website;
the delivery or non-delivery of the Travel Product; or
(iv) any act or omission of Travel Providers or other third parties.
2.3 Liability of Travel Provider
a) Your legal rights in connection with the provision of the Travel Product are against the Travel Provider.
You pay the Travel Provider (via us as the Agent) for providing the Travel Product to you. Once you have acquired Booking & Advisory Services from us, the Travel Provider will provide you with the Travel Product on the relevant Travel Provider T&Cs.
b) The Travel Provider is the supplier of the Travel Products and is responsible for any express or implied guarantees in relation to the supply of the Travel Products.
All information, including but not limited to representations that a Travel Provider makes on its brochures, relating to the Travel Provider or a Travel Product is provided by the Travel Providers or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Travel Providers.
2.4 Authority
a) You are solely responsible for the suitability of any Travel Product that you purchase. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of the Travel Product, subject to your rights under the Australian Consumer Law.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking T&Cs and to the Travel Provider T&Cs.
Fees & Commissions
3.1 Fees
a) We charge certain fees for providing Booking & Advisory Services to you.
These fees represent the work done to arrange the Travel Product and liaise with Travel Providers. The fees are applicable even if the Travel Product is not used and/or the Travel Product is cancelled by you or the Travel Provider, subject to your rights under Australian Consumer Law.
3.2 Commissions
In addition to the Booking & Advisory Services fee, we may receive commissions, fees, gifts or financial incentives from Travel Providers in respect of your booking.
3.3 How are funds held?
a) As the agent of the Travel Provider, we collect payment from you for the Travel Products and pass it on directly to the Travel Provider. We do not hold this money and therefore do not hold money on trust.
Where we charge you a service fee or other fee detailed in our Schedule of Fees, this will not be held on trust as these amounts are non-refundable (subject to any rights you may have under the Australian Consumer Law).
4. Booking Terms
4.1 Travel Products are subject to availability and can be withdrawn without notice by the Travel Provider. Travel Products may also change at any time in accordance with the relevant Travel Provider T&Cs. Subject to any rights you may have against us in relation to our supply of Booking & Advisory services to you, we are not responsible for any withdrawal of Travel Products or changes made by a Travel Provider. Prices for Travel Products are not guaranteed until you have made a booking with us and received communication from us and the Travel Provider that your booking is confirmed.
When you make a booking, you must provide accurate and complete details of each traveller, and according to their passport or other identification document. It is your responsibility to ensure that all details of the booking are complete and correct for all passengers before proceeding. Some Travel Providers will deny carriage if the traveller’s name varies from their booking and may cancel automatically if the traveller’s name is amended. This could result in the booking being forfeited. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or if you do not comply with the Travel Provider T&Cs.
5. Payment Terms
5.1 Deposits
[You will be required to pay a deposit or deposits for your booking. The deposit amount varies depending on the Travel Product and lead time to travel. In some instances, full payment is required at the time of booking. We will advise you of the deposit amount at the time of booking. OR
All deposits are non-refundable for changes of mind or cancellations by you subject to your rights to a refund or other remedy under the Australian Consumer Law.
5.2 Final payment of balance due
a) Final payment is required no later than [60 days] prior to departure, unless otherwise stated.
Any failure by you to make payment of the Travel Product in full by the due date may result in your booking being cancelled and the forfeiture of any deposit you have made.
5.3 Currency
a) Unless otherwise stated, payments are in Australian dollars. Payments processed in foreign currency (currency other than the original cardholders’ country of issue), may incur a currency conversion fee. Please refer to [St George Bank for applicable fees].
All pricing is inclusive of goods and services tax (GST), or other such value added taxes, where applicable. Other taxes may apply upon check-in.
5.4 Payment methods
We accept the following payment methods:
Payment Method Processing Fee
Debit Card Visa (an additional [1.6]% applies)
Mastercard (an additional 1.6]% applies)
Credit Card Visa (an additional [1.6]% applies)
Mastercard (an additional [1.6]% applies)
American Express (an additional [2.00]% applies)
International cards (an additional [2.00]% applies)
Cheque (an additional [1.00% applies)
Payments made by way of cheque or direct deposit may require up to five (5) business days to process.
6. Cancellation and Amendments
6.1 Cancellations
a) If you cancel your Travel Product, your right to a refund is subject to relevant Travel Provider T&Cs and any rights that you may have under the Australian Consumer Law. It is not within our power to decide whether you will be eligible for a refund for the cost of the Travel Product from the Travel Provider.
6.2 Fees
a) If you cancel your Travel Product, or amendments to your booking are otherwise required, we charge cancellation and amendment fees as per the Schedule of Fees in Clause 3.1 above. These fees reflect the work required to cancel the Travel Product and reflects our best pre-estimate of the costs that we will incur in managing this process. However, we will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or if the cancellation or amendment is required due to our error.
The Travel Provider may also charge cancellation and amendment fees in accordance with the relevant Travel Provider T&Cs. These fees will be in addition to the fees charged by Us. We are not liable to you for any cancellation fees, amendment fees, or refusals to refund made by the Travel Provider, subject to any rights you may have against us under the Australian Consumer Law.
6.3 We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the email address you provided at the time of booking, or via your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever, subject to the Australian Consumer Law. In the unlikely event that your booking has to be cancelled, subject to the relevant Travel Provider T&Cs, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking ( less any fees charged by us under these Booking T&Cs. .
7. Refunds
7.1 Entitlement to a refund
a) Your entitlement to any refund will depend on the relevant Travel Provider T&Cs, which will apply subject to any rights you may have under the Australian Consumer Law.
We strongly recommend that you read and understand these Booking T&Cs and all relevant Travel Provider T&Cs, before making the booking. Your booking may be non-refundable.
7.2 Requesting a refund
a) Where applicable, the Booking and Advisory Services we supply include assistance with refunds. Subject to any restrictions in the Travel Provider T&Cs, you can make a request for a refund from a Travel Provider by contacting us .
If your refund request is granted by the Travel Provider, the amount of refund will be the amount paid less any fees charged by Us (see clause 3.1) and fees charged by the Travel Provider in accordance with the relevant Travel Provider T&Cs.
b) If the Travel Provider is required to or otherwise agrees to provide you with a refund for the Travel Product, we will facilitate the refund between the Travel Provider and you. Once we have received the refund from the Travel Provider, we will pass it on to you as soon as practicable.
7.3 No shows
a) If you have a booking with us in relation to a Travel but you do not show up to check-in or otherwise do not avail yourself of the Travel Product, you will not be entitled to any refund from us, subject to any rights you may have under the Australian Consumer Law.
8. Changes in Price and Itineraries for Travel Products
8.1 Price changes
a) Prices for Travel Products displayed on our Website or otherwise communicated to you are provided as an indicative guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Price of the Travel Products is not fixed until you receive confirmation from us that your booking is confirmed.
b) In the event that the Travel Provider adds surcharges, fees or taxes in relation to your booking after you have booked your Travel Products with us, we will advise you of the proposed price increases. If you do not wish to incur the additional charges, you may cancel the Travel Product.
In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed on our Website. You will be informed of this as soon as possible. In any case, to the extent permitted by law, you will not be entitled to claim compensation from us on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled.
8.2 Other changes
a) If a Travel Provider changes any part of your booking for reasons beyond its control, for example, due to scheduling issues or overbooking we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product being materially different, then you may cancel the Travel Product and we will refund any monies already paid subject to the relevant Travel Provider's T&Cs, less any fees charged by us under these Booking T&Cs and at all times subject to any rights or remedies you may have under the Australian Consumer Law.
It is your responsibility to re-confirm all flight departure times with the relevant Travel Provider, prior to departure. We will not be liable for any costs incurred as a result of you missing any flight due to your failure to check your itinerary prior to departure.
9. Force Majeure
9.1 Subject to any rights or remedies you may have under the Australian Consumer Law, we will not be liable for any failure or delay in providing you with Booking & Advisory Services in relation to Travel Products that is due to events beyond our control, including, but not limited to: acts of God, accident, riot, 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, generalised lack of availability of raw materials or energy (force majeure event).
For the avoidance of any doubt, a force majeure event shall not include:
a) your (including third parties you may be booking for) financial distress nor the inability of you (including third parties you may be booking for) or us to make a profit or avoid a financial loss;
changes in market prices or conditions; or
b) your (including third parties you may be booking for) financial inability to perform your (including third parties you may be booking for) obligations hereunder.
9.2 If a force majeure event occurs that affects your booking, your entitlement to a refund, credit or re-scheduled travel booking will depend on the relevant Travel Provider T&Cs and will at all times be subject to any rights you have under the Australian Consumer Law.
If your booking is impacted by a force majeure event and you are entitled to a refund from the Travel Provider, we will facilitate this refund to you as soon as reasonably practicable.
9.3 For the avoidance of any doubt, in the circumstance that a force majeure event occurs the following fees are non-refundable (subject to any right to a refund you may have under the Australian Consumer Law):
a) the service fees paid to us in respect of your booking (referred to at clause 3.4 above); and
any other fees referred to in our Schedule of Fees.
10. Your Obligations and Warranties
10.1 You warrant and acknowledge to us that:
a) you are at least eighteen (18) years old and have the power, capacity and authority to enter into a binding contract with us and the Provider;
you have sufficient funds to pay for the Booking & Advisory Services and the Travel Product;
b) you have read and understood these Booking T&Cs and if booking on behalf of third parties, you understand that their booking is subject to these Booking T&Cs and all relevant Travel Provider T&Cs;
the information you provide us about you and third parties is true, accurate, current and complete (apart from any optional items) as required by any registration process;
c) you will maintain and promptly update this information to keep it true, accurate and complete;
you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover;
d) you have accessed www.dfat.gov.au and www.smarttraveller.gov.au for information specific to your intended travel destination; and
you will use the Booking & Advisory Services in accordance with these Booking T&Cs and you will not use the Booking & Advisory Services in any way to breach any laws or defame any person.
11. Passports, Visas and Health Requirements
11.1 It is your responsibility to ensure that you have the required documents, including passports and visas, before travelling to a destination. For more information please log on to www.dfat.gov.au and www.smarttraveller.gov.au. It is your responsibility to check with the respective Embassy or Consulate of each country that you are travelling to as many destinations require visas for both Australian and non-Australian passport holders. We recommend that you log on to www.visalink.com.au. It is your responsibility to ensure that you have at least six (6) months validity on your passport from the date you return from your departure.
We recommend that you visit the
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FLY ME NOW PTY LTD & CRUISE ME NOW PTY LTD are Australian Company and is Trademarked***Due to Scams and Credit Card Fraud FLY ME NOW PTY LTD reserves the right to request additional information prior to any travel purchase. You may be asked to pay a 40% deposit via direct deposit only and balance may be payable via credit card to approved and verified customers only. Payment via credit card does not automatically issue your travel purchase. Fly Me Now Pty Ltd reserves the right to refuse service for non 3Ds enabled credit cards or suspicious transactions.
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