IMAGINE CRUISING PTY LTD AGENCY AGREEMENT IMAGINE CRUISING PTY LTD ABN 48 614 987 718
1. OPERATION OF THIS AGREEMENT
1.1 Please read the provisions this agreement carefully as they apply to your arrangements with Imagine Cruising. Where you accept the terms of this agreement you agree to be bound by its provisions.
1.2 Imagine Cruising may revise this agreement from time to time. Imagine Cruising will notify Agent on the Imagine Cruising website indicating when any such revisions have been made This agreement was last updated on 30 April 2024
1.3 If Agent does not agree to abide by this agreement, including any revisions, please cease promoting and selling Imagine Cruising’s travel products and services. It is your responsibility to regularly review the provisions of this agreement.
1.4 In this agreement:
1.4.1 Imagine Cruising means Imagine Cruising Pty Ltd ABN 48 614 987 718;
1.4.2 Agent means the entity that has completed and submitted the Travel Agent Sign-up Form, which includes indicating acceptance of and agreement to the provisions of this agreement.
2. TERM
2.1 This agreement commences on the date of this agreement and continues unless and until it is terminated earlier in accordance with the provisions of this agreement.
3. APPOINTMENT OF AGENT
3.1 Imagine Cruising appoints the Agent as its agent to promote and sell Imagine Cruising’s travel products and services, as made available by Imagine Cruising from time to time, in accordance with the terms of this agreement.
3.2 The Agent must promote, market, and sell Imagine Cruising’s travel products and services in accordance with and subject to the terms of this agreement.
4. AGENT’S OBLIGATIONS
4.1 The Agent must:
4.1.1 perform the services and obligations contemplated by this agreement with all due care and skill;
4.1.2 subject to clause 5.24.2, must immediately pay to Imagine Cruising the funds received from customers who have purchased Imagine Cruising’s travel products and services, to the extent those funds relate to the purchased Imagine Cruising travel products and services;
4.1.3 comply all applicable laws, rules and regulations including, but not limited to, the Australian Competition and Consumer Act 2010 (Cth) and the Australia Privacy Act 1988 (Cth);
4.1.4 maintain all such accreditations, licenses or other permissions necessary to perform its obligations, including promoting and selling Imagine Cruising’s travel products and services;
4.1.5 use its best endeavours to develop and promote the image of Imagine Cruising’s travel products and services;
4.1.6 comply with Imagine Cruising’s applicable brand guidelines as notified in writing to the Agent from time to time;
4.1.7 employ a sufficient number of suitably qualified personnel to ensure the proper fulfilment of the Agent’s obligations;
4.1.8 ensure that all of its sales force personnel are fully knowledgeable, receive relevant training offered by Imagine Cruising and achieve a high degree of competency with respect to Imagine Cruising’s travel products and services;
4.1.9 ensure it fully understands all aspect of Imagine Cruising’s travel products and services necessary to comply with its obligations under this agreement, including attending any training sessions required by Imagine Cruising for this purpose; and
4.1.10 consult regularly with Imagine Cruising with respect to significant aspects of the promotion and sale of Imagine Cruising’s travel products and services.
4.2 The Agent must, in the course of promoting and selling Imagine Cruising’s travel products and services:
4.2.1 offer, describe and represent Imagine Cruising’s travel products and services in a manner that is consistent with the inclusions, exclusions and other conditions of Imagine Cruising’s travel products and services, including the IC Terms and Conditions;
4.2.2 offer the products and services at, and bring potential customers’ attention to, the pricing of Imagine Cruising’s travel products and services list as specified by Imagine Cruising from time to time;
4.2.3 bring the attention of potential customers to the IC Terms and Conditions.
4.3 Where the Agent sells any other travel products and services to a customer to whom the Agent also sells Imagine Cruising’s travel products and services, the Agent must ensure it clearly explains to that customer which travel products and services are provided or arranged by
Imagine Cruising and which are provided or arranged by other providers.
4.4 The Agent is responsible for:
4.4.1 marketing Imagine Cruising travel products and services to its customers and prospective customers, and but the Agent will not use any marketing materials for unauthorised means without Imagine Cruising’s prior written consent;
4.4.2 all tasks, activities and services relating to completion of sales, and will provide customers with all customer support in connection with Imagine Cruising’s travel products and services;
4.4.3 accurately completing all details of travellers and their travel selections in connection with Imagine Cruising’s travel products and services.
4.5 IC Terms and Conditions means the terms and conditions applicable to Imagine Cruising’s travel products and services as set out in Attachment A to this agreement, or as otherwise specified to the Agent by Imagine Cruising from time to time (including any amended, updated or
replacement terms).
5. FEES AND PAYMENT
5.1 Subject to the Agent performing its obligations under this agreement, Imagine Cruising will be entitled to the Base Commission and Post-Sale Commission.
5.2 Imagine Cruising acknowledges and agrees that the:
5.2.1 Base Commission due to the Agent will be deducted by the Agent from Eligible Revenue generated by the Agent prior to remittance of such Eligible Revenue to Imagine Cruising; and
5.2.2 Post-Sale Commission due to the Agent will be deducted by the Agent from Additional Revenue generated by the Agent prior to remittance of such Additional Revenue to Imagine Cruising.
5.3 Base Commission means agreed % of the Eligible Revenue for each concluded sale of Imagine Cruising’s travel products and services excluding “Cruise only” and “travelzoo” packages.
5.4 Post-Sale Commission means agreed % of the Additional Revenue for each concluded sale of Imagine Cruising’s travel products and services excluding “Cruise only” and “travelzoo” packages.
5.5 Eligible Revenue means all revenue generated through the initial sale of Imagine Cruising’s travel products and services by the Agent under this agreement, and does not include Additional Revenue.
5.6 Additional Revenue means all additional revenue generated through the upselling of Imagine Cruising’s travel products and services by the Agent in relation to a concluded sale for which the Agent is eligible for a Base Commission, such as upgrades and amendments to packages in respect of which a Base Commission was payable.
6. LIABILITY AND INDEMNITY
6.1 The Agent indemnifies Imagine Cruising, its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) and their employees, officers, agents and contractors from and against all losses, damages, liability, costs and expenses (including legal expenses on a full indemnity basis) sustained or incurred by those indemnified and which arise out of or in connection with any:
6.1.1 unlawful or fraudulent act or omission or wilful breach of this agreement by the Agent; or
6.1.2 breach of this agreement by the Agent.
6.2 To the extent permitted by law, a party’s liability to the other party under or in connection with the agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
6.3 The limitations and exclusions of the liability set out in this clause 54 apply regardless of the basis on which such liability arises, whether in contract, breach of statutory duty, tort (including negligence), in equity or under statute.
7. TERMINATION
7.1 Imagine Cruising may terminate this agreement at any time without cause or liability by giving the Agent 30 days’ notice in writing.
7.2 Without limiting any other rights which a party may have at law, a party may immediately terminate this agreement by written notice to the other party if the other party breaches:
7.2.1 a material term or condition of this agreement (including any provision of clause 43); or
7.2.2 a non-material term of this agreement and fails to remedy such breach within 30 days of receipt of a written notice from the other party requiring it to do so.
7.3 The rights and obligations under this agreement which by their nature are intended to survive the termination of expiry of this agreement will continue in full force and effect after this agreement ends.
7.4 All rights that a party has accrued before the agreement ends continue after expiry or termination.
8. PUBLICITY
The Agent must not make any public statement about this agreement, the subject matter of this agreement or your relationship, other than to the extent required to comply with the Agent’s obligations under clause 43, with the without the prior written approval of Imagine Cruising.
9. NOTICES
Any notice or other communication that is required or permitted to be given under this agreement will be given in writing and may be delivered by email to the applicable address specified in the agreement details or as otherwise advised from time to time.
10. GENERAL
10.1 This agreement forms the entire agreement between the Agent and Imagine Cruising in relation to its subject matter and replaces all previous agreements, arrangements, understandings, representations or other communications between the parties in relation to that subject matter.
10.2 Any changes to this agreement must be agreed in writing by the Agent and Imagine Cruising.
10.3 This agreement is governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
10.4 No waiver of a right or remedy under this agreement is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted. A single or partial exercise of a right or remedy under this agreement does not prevent a further exercise of that or of any other right or remedy.
10.5 Any provision of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The remainder of this agreement will remain in full force and effect.
10.6 The words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used as nor are intended to be interpreted as words of limitation.
10.7 Unless context requires otherwise, a reference to a thing (including a chose in action or other right) includes a part of that thing.
In certain states we must take reasonable steps to ensure that consumers are aware of the substance or effect of certain terms. The summary below is provided for this purpose.
Disclosure of terms and conditions that substantially prejudice consumers:
To the extent that this summary is inconsistent with our Terms and Conditions (below), the Terms and Conditions will prevail.
These Terms and Conditions apply when you make a booking with us, including when you share Traveller details with us, or one of our suppliers or agents. You are responsible for: providing accurate details for bookings, including any special needs that you or a party to your booking may have; ensuring that you comply with local passport, visa, and customs requirements or restrictions; and obtaining appropriate travel insurance. These terms apply in addition to any terms of our suppliers or agents, and you are responsible for familiarising yourself with and complying with those terms.
No guarantee is made that requested changes to or transfers of confirmed bookings will be accommodated. If you cancel a booking, you will be liable for fees (which in some instances, where no amendment is possible, may be the entire cost of the booking).
We are not responsible for: the acts, omissions, or defaults of our third party suppliers; Force Majeure Events; or any events that are otherwise beyond our control. Nothing in these Terms and Conditions, including these limitations of liability, is intended to limit or exclude any rights you may have under the Australian Consumer Law, as contained in the Competition and Consumer Act 2010 (Cth).
Personal information of you or other Travellers in your booking that we hold is dealt with in accordance with our Privacy Policy. As part of fulfilling your booking we may need to disclose your personal information (including sensitive information) to public authorities, customs, or immigration, credit checking companies, and if you are travelling to the United States, the US Customs and Border Protection for the purposes of preventing and combating terrorism and other transnational serious crimes.
Booking Terms and Conditions
“Us”, “we”, “our” or “Imagine Holidays” means either Imagine Cruising Pty Ltd (ABN 48 614 987 718) and/or Imagine Cruising (WA) Pty Ltd (ABN 96 095 933 869) as appropriate trading as Imagine Holidays PTY LTD.
“Traveller/s” means all persons on whose behalf a booking is made or to whom a booking is added or transferred.
“You” and “your” means the first named person on the booking (the lead passenger) and all Travellers.
“PACKAGE HOLIDAY” means a holiday with 3 or more types of elements, for example Flights, hotel and cruise.
“AGENT BOOKING” means a Cruise or Rail only booking (may include a flight).
Our contract with you is comprised of these Booking Terms and Conditions, our Privacy Policy,* and any other written information we provided to you or otherwise brought to your attention before we confirmed your booking (the “Contract”).
You must read all the documents comprising the contract with us carefully. The person making the booking must ensure that all Travellers do this as well. The person making the booking represents and agrees with us that he/she has the authority to make the booking on behalf of all Travellers.
By making a booking, the person making the booking represents and agrees on behalf of ALL TRAVELLERS, that:
Our obligations to you will vary depending upon whether we package a holiday for you (directly or through our appointed agents) or otherwise act as an agent for another travel supplier. In particular, where we are acting as an agent, the contract for your arrangements is between you and the travel supplier, and the travel supplier is responsible for those arrangements. We will tell you the capacity in which we act prior to confirming your booking.
Please note, due to our Privacy Policy, we are only authorised to communicate with the lead passenger on the booking. For any other travellers or representatives to be involved in communications, they must be authorised by the lead passenger.
MAKING A BOOKING
When a booking is made, all details will be read back to the person making the booking. Once you have confirmed these details, we will proceed to confirm the booking with the principal(s) or supplier(s) (where relevant). You must pay the relevant deposit as specified at the time of making the booking.
You must check that names of all Travellers, dates and timings are correct on receipt of all documents and advise us of any errors as soon as practicable. You must ensure that the names given are the same as in the relevant passport.
If any details on the confirmation invoice (or any other document) are incorrect, you must advise us as soon as possible, as delays may impact our ability to make changes later and there may be increases in fees and charges payable by you or on your behalf (as set out in the section titled “Cancellation and Changes by You” below). Any changes to these details after booking is completed, will incur the charges stated in the section titled “Cancellation and Changes by You” below, unless the error was made by us, in which case no charges will apply.
If your flights are booked outside system range (being the date range available for booking flights at the time you make your booking) then we will contact the lead passenger 9 to 11 months prior to departure to confirm flight details. At the point flights come into system range each traveller will be required to pay a further deposit. You acknowledge and agree that while we will use our best endeavours to contact the person making the booking prior to confirming your flights, if we are unable to contact the person making the booking over a 3-week period then the included flights will automatically be confirmed and ticketed in accordance with your original booking and these Terms and Conditions. Any deviations made by you after this time will incur fees to change (as set out in the section titled “Cancellation and Changes by You” below).
The booking information provided to us will be passed on only to the relevant suppliers of travel arrangements or other persons to the extent necessary for the provision of travel arrangements, and will always be handled in accordance with our Privacy Policy. The information may therefore be provided to public authorities such as customs or immigration if lawfully required by them, or as permitted by applicable laws. This also applies to any sensitive information given to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
PRICING:
All prices are quoted in AUD and include all taxes and charges, including GST (where applicable) except where stated otherwise. Prices of products and services are current at time of display however are subject to change. Advertised prices are based on lead in cabins and departure points, and package prices are correct as at time of printing and are subject to availability, change and seasonal surcharges.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
Once you have agreed to the pricing, any further changes to the advertised price, inclusions or promotions will not be applicable to your booking.
There may be additional surcharges which are payable directly to the hotel in some cities as per their local taxes.
DEPOSITS AND FINAL PAYMENT
You will be required to pay a deposit or make full payment for your booking at the time of booking. All deposit amounts will be notified to you at the time of booking and shown on your invoice. Subject to any statutory rights you may have, deposits are non-refundable. Where you only pay a deposit, you must pay the full balance by the balance due date notified to you. Full payment is due 17 weeks prior to departure, or such earlier time as advised by us at the time of booking.
If you are booking an early bird, advanced purchase or discounted fare, or you otherwise agree with us to pay a partial deposit, then your deposit or final payments terms may vary. At the time of booking your consultant will advise you of the revised payment dates to reflect the payment terms associated with these discounted fares. In these cases, the fare may be non-refundable and requires payment in full at the time of booking.
If scheduled payments are not received by the due date:
CONDITIONS OF SUPPLIERS
Many of the services which make up your booking are provided by independent suppliers. Those independent suppliers will have their own terms and conditions. You should familiarise yourself with third party supplier terms and conditions. Compliance with those terms and conditions is your responsibility, and failure to do so might impact your travel experience. You acknowledge and agree that we are not responsible to you for how third parties choose to implement their terms and conditions, and we will not be responsible for any loss resulting from your booking of or participation in services provided by those third parties.
Where we organise travel services to be provided to you by third party suppliers, we may receive fees, commissions, gifts or financial incentives from third parties under this Contract. You acknowledge and agree that while we take reasonable steps to engage appropriate third party suppliers, we are not responsible for providing those third party services to you, and we are not responsible for the standard of any such services provided. Further, to the maximum extent permitted in accordance with applicable laws, we do not make (and expressly disclaim) any warranties as to those third party services, including as to their fitness for any purpose.
SPECIAL REQUESTS
If you have any special needs or requests, you are required to inform us at the time of booking. Special needs include (without limitation) if you have any disability, illness, disease or other condition, you have limited mobility, you need special assistance, or any other circumstances exist which may make it difficult for you to use travel services on any of our packages.
If you fail to advise or update us of your special requirements, to the extent permitted by applicable laws we are not liable if the service you have booked do not meet your needs. We will pass on all such requests to the supplier and use reasonable endeavours to have them met, but we do not guarantee that they will be met, and we will have no liability to you if they are not. Should a supplier require any medical or special information forms to be completed, we will ensure these are sent to you prior to your travel documents being sent.
If your circumstances change and you now require a special request, you must advise us as soon as possible, and we will endeavour to provide suitable services. In the case that you are unable to partake on your holiday, we will endeavour to find suitable arrangement that may incur additional costs. We will not be liable for these expenses. Your travel insurance providers may be able to compensate you for these additional charges.
IMPORTANT In order to protect the health and wellbeing of our guests, please ensure you inform us of any changes to your health, mobility or dietary requirements before you travel. Please contact our customer service department using the contact details in the section “Contact Us” below.
INSURANCE
We strongly recommend that immediately, after booking your holiday, you arrange your own insurance. It is all Travellers’ responsibility to take out appropriate travel insurance to cover their travel arrangements. You should always make your own enquiries regarding insurance coverage, however we suggest that insurance protection at least include cover for cancellation, against loss of deposits through cancellation charges, medical and repatriation expenses, personal injury and accident, death, loss of personal baggage and money, and personal liability insurance. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Please read through your chosen insurance providers PDS to ensure that the level of coverage is sufficient to your requirements.
You acknowledge and agree that failure to comply with this requirement may result in significant losses to you, for which we are not liable and will not reimburse. For the avoidance of doubt, failure to take out the required insurances does not reduce or restrict any statutory rights you may have under applicable laws.
PASSPORTS AND VISAS
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are always your responsibility, and you should confirm these with the relevant Embassies and/or Consulates. To obtain a Visa you can visit https://cibtvisas.com.au/?login=imagineholidays or call 1300 882 977. You should always make yourself aware (before booking and before travel) of any specific travel advice issued by relevant authorities. Refer to https://www.smartraveller.gov.au/ for more information. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. You are solely responsible for meeting necessary visa entry requirements and paying all associated costs.
HEALTH AND VACCINATIONS
We can provide general information about any health formalities required for your trip; however you should check with your own doctor for your specific circumstances, and you should always refer to any specific requirements imposed by travel providers and/or countries/states being visited. Please contact your general practitioner for up-to-date advice for any vaccinations or medications you may require before you travel. Imagine holidays do not accept any liability for passengers that do not seek this advice.
Please be advised that you may be required to produce proof of both Covid-19 vaccination dates along with the relevant paperwork prior to travel or proof of official medical exemptions. You may also be subject to having/providing proof of a pre-embarkation COVID 19 test prior to boarding. Failure to provide this will result in denial of boarding and no refund would be provided by Imagine Holidays.
We do not accept any responsibility if you cannot travel because you have not complied with any specific mandatory health requirements for your trip.
COVID-19:
You must always make your own enquiries about restrictions locally and at any destination forming part of your booking that may impact your ability to travel.
These restrictions or requirements may include state and territory, or federal government restrictions, as well as those of foreign countries, and third party suppliers and travel operators.
To the maximum extent permitted by applicable laws, Imagine Holidays will not be accountable for any cancellations that occur due to your failure to understand and comply with travel restrictions or requirements, including Covid-19 or other vaccine requirements, or quarantine and post-arrival testing.
Covid-19 restrictions can change at short notice.
As at the date of your booking you acknowledge and agree that:
Without limiting any rights you may have under applicable laws, you agree that you will not pursue a refund or request your bank to issue a chargeback against Imagine Holidays in these circumstances.
CANCELLATION AND CHANGES BY YOU
Changes by You to your current holiday
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $100 per person per change as well as any applicable rate changes or extra costs incurred (including any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers). You should be aware that these costs could increase the closer to the departure date that changes are made. We will notify you of the costs of your requested change prior to implementing that change. If you do not agree with the charges, you will have the option of choosing not to proceed with the change.
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable as per our terms and conditions. If you are prevented from travelling it may be possible to transfer your booking to another suitable person. An administration fee will be charged, details available upon request.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. This could include but is not limited to flight costs and cruise costs. We will notify you of such arrangement prior to you confirming your booking.
If you wish to transfer your Package Holiday
You may only transfer your existing booking to another holiday if you meet the below criteria. Please note that fees apply.
The criteria are:
Please note your holiday cost will remain at the same or higher price than the price of the original booking and cannot be reduced.
Holiday changes are always subject to availability and the payment of any increase in cost (such as airline, hotel and tour charges) incurred as a result of the request to transfer.
Transfer requests are limited to one request per booking. Any discount or promotion applicable to the original booking will not be applied to the new booking and in that case, you will be required to pay any difference in price arising from the removal of the discount or promotion.
Should a request be made for a transfer which is outside the above criteria, (for example, less than 90 days before the original scheduled departure date) then such transfer requests will only be honoured in our sole discretion and we are not in any way obliged to facilitate these non-conforming requests.
Please note, you cannot change a Package holiday to an Agent booking, it must be to another Package holiday.
If you cancel your package holiday
If you or any other member of your party decides to cancel a confirmed booking you can communicate your request to us via telephone. All verbal cancellation requests must be followed up with a written cancellation request. Communications must arrive no later than 3pm Australian Eastern Standard Time (AEST) Monday-Friday (other than public holidays in Queensland), to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday or public holiday will be deemed to have been received on the next working day.
Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
| Period before departure within which notice of cancellation received by us | Amount of cancellation charge |
| 119 days or more | Loss of deposit |
| 118 – 36 days | 75% of holiday cost* |
| 35 days or less | 100% of holiday cost |
*Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You authorise us to deduct the cancellation charges from any monies you have already paid to us.
** Please note – if you have booked your holiday using a Future Holiday Voucher it may affect your cancellation terms. Your agent will advise of these at the time of rebooking. In most cases, your Future Holiday voucher amount will not be refundable. Always make sure to read the terms of Future Holiday Vouchers before cancelling, these are found on the Future Holiday Voucher that was emailed to you.
FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, or otherwise required by applicable laws, we will not be liable for or pay to you compensation for a failure to perform, or delay in performing, an obligation if the relevant obligation is affected by any event which we or the supplier of the service could not, even with all due care, foresee or avoid, provided that:
These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, insurrection, civil commotion, act of public enemy, blockade, revolution, the act of any government or other national or local authority including port or river authorities, embargo, unavailability of any essential equipment or materials, unavoidable accident, lack of transportation, industrial dispute, strike, lockout, other industrial disturbance or labour difficulty, lock closure, an act of God, natural or nuclear disaster, fire, lightning, storm, flood, earthquake, explosion, pandemics and epidemics (including dispositions or orders of governmental authority (including, without limitation, as a result of novel coronavirus (COVID-19) (whether new or existing), which prevents a trip to commence, continue or be completed), chemical or biological disaster and all similar events outside our or the supplier’s control.
If your holiday is cancelled or is not able to be taken due to a Force Majeure Event (as defined above), we will offer you a choice of either:
Otherwise, except as set out above, and to the extent permitted by applicable laws, we will not be liable for any loss or damage incurred or suffered you (including but not limited to) any cost, expense or loss incurred or suffered in connection with the booking or flights associated with the booking.
CHANGES OR CANCELLATIONS BY THE SUPPLIER OR IMAGINE HOLIDAYS
We will inform you of any changes or cancellations affecting your booking as soon as reasonably possible.
In the case that a cancellation or change to your booking is made by a supplier, that supplier might offer a cash refund (in full or in part), alternative arrangements for your booking (such as different dates, times, locations or specifics), credit to be used towards future holidays, or any combination thereof. All remedies offered by a supplier are subject to their own terms and conditions. Each Traveller acknowledges and agrees that in these circumstances, we will only be able to pass on the options that the supplier has offered. To the extent permitted by applicable laws, each Traveller agrees not to seek any alternative compensation or alternative arrangements from us or the supplier.
Please note: Very rarely, we may be forced by “force majeure” to change or terminate your arrangements after departure. If this situation does occur, to the extent permitted by applicable laws, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
OUR SERVICE CHARGES
In certain circumstances we apply a service charge for the service we provide:
| SERVICE PROVIDED | FEES |
| Booking Fee | $0 |
| Late Payment Fee | $130 |
| Amendment | Supplier’s charge + $100pp |
| Debit Card Charge | 0% |
| Credit Card Charge (other than American Express) | 1.5% |
| American Express | 2.5% |
BEHAVIOUR
Please be aware that bookings are made with third party suppliers who have their own booking conditions that will apply to your holiday. It is your responsibility to read and understand those terms and conditions. Among other things, those third party terms and conditions will normally state that your stay can be terminated, with no refund, if your behaviour falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation, coach, train or cruise ship. You are responsible for the conduct of yourself, and to the extent permitted by applicable laws, you agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
We take no responsibility for your behaviour or actions, and any unacceptable behaviour is not reflective of the Imagine Holidays brand.
COMPLAINTS
Where we are acting as an agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent as soon as possible. We will use reasonable endeavours to assist you with this if you wish – please contact our Customer Support team.
Where you have booked a Package holiday with us and have a complaint, please inform the relevant supplier as soon as possible. Please contact us on (07) 35589800 or any of the numbers listed on our website or any confirmation documents that we send to you.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Support team at customerrelations@imagineholidays.com.au, giving your booking reference and all other relevant information.
It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst on holiday.
If you do not comply with the above complaints procedure this may limit our ability to assist you and may restrict the contractual remedies we can provide to you.
LAW AND JURISDICTION
These terms of business are governed by the laws of the state of Queensland, Australia. If any dispute arises between you and us, the laws of Queensland, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia, and waive any right that you may have to object to an action being brought in those courts.
If either party is unable to attend a proceeding in person, you agree that attendance may be facilitated by telephonic (or, such other alternative methods) recognised by the forum hearing the dispute.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable laws we will not have any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, expense, or inconvenience caused (directly or indirectly) by:
If we are not able to exclude our liability in the manner set out above, but applicable laws allow us to limit our liability, then our liability will be limited to the remedies required under those laws.
For the avoidance of doubt, nothing in these terms and conditions, including this limitation of liability clause, is intended to limit or exclude any rights you may have under the Australian Consumer Law, as contained in the Competition and Consumer Act 2010 (Cth).
Contact Us
If you have questions about these Terms and Conditions, or a booking you have with us, you can contact our Customer Support team by:
Ph: (07) 3558 9812
E: trade@imagineholidays.com.au
Post: PO Box 1457, Milton QLD 4054
These Terms and Conditions are current at April 2024
Photographs and Publicity
You agree that you may be photographed in the course of your holiday for the purpose of our future publicity and that any written comments you make about your holiday or us may be published by us.
Saver Fares
Enjoy the same exceptional value with our holiday packages featuring hotel stays, memorable tours, and iconic rail journeys around the world, all without transfers* included – travel your way with Imagine Holidays.
*Available at an additional cost, call one of our Holiday Experts for more details.
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