Booking Terms and Conditions

Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Shadow Kissed Travel.

These terms and conditions apply to bookings you make with us.

We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.

Passports & Visas:

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. 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 us know. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. We 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). If you prefer to do this yourself, you can contact an external visa provider directly. We do not warrant the accuracy of information provided by any external service 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.

Travel Insurance:

We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to Shadow Kissed Travel 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. We can provide information to you about travel insurance. For details of the services they provide, including a quote, please refer to their Financial Services Guide/Product Disclosure Statement.

Travel Advice:

We recommend that you contact the Department of Foreign Affairs and Trade or visit their website at 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.

Health:

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

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 adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact us for up-to-date prices.

Deposit and Final Payment:

You will be required to pay a deposit or deposits when booking. We 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. A deposit will secure your booking/seat, however prices quoted may change if you do not make the final payment by your payment deadline. Some airfares or services must be paid in full at the time of booking.

Our Change and Cancellation Fees:

Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings:

Changes to Domestic/Trans-Tasman bookings will incur a fee of $30 per passenger per change in addition to supplier fees.
Changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $75 per passenger per change in addition to supplier fees.
Cancellations to Domestic/Trans-Tasman bookings will incur a fee of $50 per passenger per booking in addition to supplier fees.
Cancellations to International bookings (excluding Trans-Tasman bookings) will incur a fee of $100 per passenger per booking in addition to supplier fees.

For international and cruise bookings only: If customers choose to keep the full amount of their booking on file for future travel, we will waive the Shadow Kissed Travel cancellation fees. Please note that supplier cancellation fees may apply.

Supplier Change and Cancellation Fees:

Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier (which may take up to 12 weeks dependent upon the supplier processing time).

Payments by Credit Card and Debit Card:

Credit card surcharges of 2.2% for Visa, 2.2% for MasterCard, and 2.2% for American Express will apply when paying by credit card.

You authorise us to charge all fees incurred by you in relation to the services provided 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.

Payments by Direct Transfer:

Please note that direct transfer can take up to 3 business days to process. If you are paying by this method you will need to make the payment at least 3 business days prior to the actual due date. You must notify us of your payment once it has been made.

Payments by Cheque:

Please note that cheque payments (excluding bank cheques) require about 5-10 business days to process (including postage times). If you are paying by this method you will need to make the payment at least 10 business days prior to the actual due date. 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 any liability in respect of cancellation fees, before refunding the balance to you.

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.

Service guarantees:

Our booking and advisory services come with a guarantee under the Australian Consumer Law that:

they will be provided with due care and skill;
they will be reasonably fit for the specified purpose;
they can reasonably be expected to achieve the desired result; and
they will be provided within a reasonable time.

If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.

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 services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable 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 and limitations of liability, imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in connection with the provision of travel services 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 travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

Liability:

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

Special Requirements:

Please liaise with us regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.

Frequent Flyer:

When booking with us, please let us 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 programs) for the specific terms of your membership. We cannot guarantee that the supplier will credit you with points for your booking.

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 service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. 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 departure, however, this will depend on your individual arrangements. Please contact us to confirm when your travel documents are ready for collection.

Schedule Changes:

We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight.

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 at www.shadowkissedtravel.com.au/privacy-policy. 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 persons in connection with 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 person (including any overseas recipients), you agree that we will not be required to ensure that person’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.

Monies Not Held On Trust:

All monies paid by you to us will be the property of Shadow Kissed Travel and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided (except for monies paid for flights with an IATA airline, which might be held on trust for that IATA airline). You agree and acknowledge that such monies 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.

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.

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.

These terms were last updated on 25 July 2024.