Terms & Conditions
Please read the following terms and conditions carefully. You must not make any booking unless you are 18 years of age or older and understand and agree with the following terms and conditions. These terms and conditions govern the agreement between Moment Travel Trust (ABN 784 102 156 41) as momenttravel.com.au (“us”, “we” and “our”) and “you” both as user of our website located at momenttravel.com.au (“our website”).
These terms and conditions apply to booking you make with our Consultants (in-store, over phone, online or by email) as well as online bookings you make via our website. Once we accept a booking from you on behalf of a Supplier, you will be governed by other terms and conditions. It is your responsibility to make yourself aware of those other terms and conditions.
We will rely on the authority of the person making the booking to act on behalf of any other travellers on the booking and that person will bind all such travellers to these terms and conditions.
Quotes, Rates and Price Variations
All prices are quoted in Australian Dollars unless otherwise stated and are subject to availability and can be withdrawn and varied on occasions that include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please note that prices quoted are subject to change at the discretion of the Supplier prior to booking. Please contact your Consultant for up-to-date prices. Even if paid in full, price may change because of matter outside our control.
Our Surcharges, Changes and Cancellation Fees
Prices may include a variety of fees that include applicable taxes, cancellation and amendment fees, credit card merchant fees and fees for ad-hoc services performed as required. Please contact our Consultant for up-to-date price.
Payment by credit card will incur a surcharge to offset our cost of acceptance of payment by credit card. The surcharge varies depending on Credit Card Type, it is your responsibility to advise the correct Credit Card type to ensure that the appropriate surcharge is applied. We accept no responsibility for an inappropriate surcharge being applied if the correct card type has not been advised, and the surcharge applied shall not be refundable.
Changes and cancellations of confirmed bookings may incur fees from Suppliers in addition to our service fees. Suppliers’ fees are outlined in their relevant terms and conditions.
Should you default in making any payment in accordance with the agreed trading terms all monies owing to us will immediately become due and payable. We will be entitled to charge interest at the rate of 3% above the 90 day bank bill rate as set by The Reserve Bank of Australia per calendar month on all overdue amounts from the date due for payment until the date of actual payment. We reserve the right to recover from you any expense and/or costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and legal costs.
Changes to Domestic/Trans-Tasman bookings will incur a fee of $30 per passenger per booking in addition to supplier fees.
Changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $55 per passenger per booking in addition to supplier fees.
Cancellations to Domestic/Trans-Tasman bookings will incur a fee of $75 per passenger per booking in addition to supplier fees.
Cancellations to International bookings (excluding Trans-Tasman bookings) will incur a fee of $150 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 Moment Travel cancellation fees. Please note that supplier cancellation fees may apply.
For voucher redemption or referral bookings: Booking purchase through a third party’s websites or via third party’s referral. It is strictly non-refundable, non-changeable and non-transferable once you have redeemed the voucher unless otherwise stated. It is your travel arranger’s responsibility to advice you our terms and conditions.
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).
Bookings Deposits & 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 making a booking. The deposit amount varies depending on the travel product (or products)/ service (or services) booked and lead time to travel. In some cases, full payment is required at the time of booking and your Consultant will advise the deposit amount at the time of booking. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law). Where a deposit has been collected, final payment is required no later than six weeks prior to departure unless otherwise stated. Failure to make payment by the due date may result in your booking being cancelled and deposits forfeited. Some airfares or services must be paid in full at the time of booking.
Payments by Credit Card and Debit Card
Credit card surcharges of 1.5% for Visa, 1.5% for MasterCard, 3.5% 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.
Cancellation and Refund Policy
Moment Travel may provide a refund of amounts you have paid to us in connection with the relevant travel products and services if :
- we accept your cancellation of the services in the permitted circumstances set out below;
- allocation system time-outs resulting in oversold departure date allocations under our inventory allocation system and as a consequence the travel offer is not available to you and we cancel the order;
- the passenger information form is not returned within the specified period and we cancel the order;
- any minimum number requirements of a travel offer are not met and we cancel the order;
- an arrive early/stay behind or flight upgrade option is requested and is unavailable due to flight availability after purchase;
- we are required by law to do so;
- an order is placed in contravention of an applicable child traveller policy and we cancel the order;
- we have made a mistake in advertising a travel offer that fundamentally misstates the product or service that is the subject of the travel offer or otherwise in the case of manifest error by us; or
- prior to travel, the provider of the travel offer ceases trading or ceases to provide the goods or services that are the subject of the travel offer.
The following circumstances DO NOT qualify for refunds:
- if you change your mind after you have purchased a travel offer (for whatever reason);
- if the travel offer experience was in accordance with its description but did not meet your general expectations (for whatever reason);
- if you are unable to travel due to a medical condition or any other personal reason;
- if you are unable to obtain your preferred time to experience the travel offer;
- if you cannot travel due to other travel or other personal commitments;
- if the business on behalf of whom we are advertising a travel offer does not honour the terms of the travel offer because you have failed to present the voucher on redemption;
- If the business does not have availability because you have not attempted to make a booking within a reasonable period of time (as determined by Moment Travel) from the travel voucher expiry date;
- if you have had a dispute with the business on behalf of whom we are advertising the travel offer;
- if you are late for your booking, and the business decides to cancel your voucher;
- where the travel date selected in respect of the travel offer has passed;
- where you are denied entry to a destination due to a failure to comply with a health or other requirement;
- if you leave a tour and are non-locatable after reasonable efforts have been made and we cancel any remaining component of a travel offer;
- where Moment Travel determines the continuance of a travel offer on the scheduled departure date despite published minimum number criteria not being met;
- if you miss or are a ‘no-show’ for a flight or cruise and your flight/cruise, ticket, accommodation, transfer or other travel offer component is cancelled;
- where an itinerary change occurs and we arrange supply of a service of comparable or higher standard;
- where we cancel the order in the event of fraud, abuse or suspicious activity.
Please note any claim for refund excludes and may be subject to payment by you of any applicable fees (such as order offload fees and order administration fees) and excludes any other non-refundable items and circumstances. Any claim for a refund may be reduced or denied where our Terms and Conditions, Complaints Policy or any other Moment Travel Policy is not complied with.
Without limiting the foregoing, Moment Travel reserves the right at its discretion to provide a refund outside of the above circumstances in compelling or extenuating circumstances. Moment Travel l’s decision with respect to any refund request is final and no correspondence will be entered.
In the event you are unable to make your flight, for whatever reason, you must contact both the Moment Travel and Airline directly prior to check-in closing. Where a customer is required to cancel any flight or portion of their ticket, Moment Travel reserve the right to further charge the customer, any airline no-show fees. Should the cancellation occur outside of 72 hours prior to travel, only Moment Travel needs to be notified.
In circumstances where we believe that a request for a cancellation or refund does not fall within the scope of this policy, misleading, incorrect, deceptive and/or is otherwise invalid, Moment Travel may, in its absolute discretion, refuse a cancellation or refund request. Moment Travel is under no obligation to provide you with reasons as to why your request has been refused. Please note that any fraudulent, abusive or otherwise suspicious activity will be immediately referred to the relevant authorities.
Any refund will be credited to your preferred bank account, according to the details provided by you during the refund request process. Any refund provided by Moment Travel is in no way an admission of liability by or on behalf of Moment Travel or the admission of any other fact in connection with, any act or omission which then led to the request for a refund being submitted by the customer.
Air Travel Arrangements
If airfares have been purchased through Moment Travel, please note that all carriers are independent operators and are not owned, managed, or operated by Moment Travel. Your airline ticket is a contract between you and the air carrier only, even if you purchase through Moment Travel. By purchasing your air services through Moment Travel, you waive all liability for Moment Travel for such air services.
Moment Travel is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through Moment Travel, we would try to assist in making new arrangements, provided you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.
If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Moment Travel for portions of trips missed due to cancelled, rescheduled, or delayed flights after airport check-in, nor is Moment Travel responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
For air purchased through Moment Travel, if any air schedule requires an overnight stay in a gateway city, Moment Travel can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time.
If you make your own flight arrangements, Moment Travel will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your insurance protection should include covers for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. We will not be liable to you for any loss suffered or incurred by you whatsoever arising out of a failure by you to obtain adequate travel insurance.
Our responsibility is solely to arrange a booking of a Product in accordance with your instructions. It is your responsibility to make yourself aware of all information that it is necessary or desirable to know in order to make optimum use of the Product and to undertake travel generally. We reserve the right to update and/or vary our terms and conditions as displayed on our website at any time without notifying you of such updates/variations. If the updates and/or variations to our terms and conditions do however have a material effect on a Voucher which you have purchased from us and/or which has been redeemed by you with one of our Suppliers then we will notify you by email of the relevant updates and/or variations to our terms and conditions.
Please liaise with your consultant or, for online bookings, call 1300 888 130 regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
Passport, Visas & Travel Documents
All travellers must have a valid passport of at least 6 months validity from the date of departure return. 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 1300 888 130. We can provide you with general information 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). 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).
Travel documents include but are not limited to airline tickets, hotel and tour vouchers and any other documents. If you have booked with our Consultant, it is your responsibility to collect all travel documents from us prior to travel. Please contact your Consultant to confirm when your travel documents are ready for collection. You must review your travel documents carefully and advise us immediately of any errors in names, dates or timings.
Please contact your own doctor or a specialist vaccination clinic for advice. Our consultants are not qualified to advise you on vaccinations as Health requirements are the responsibility of all individual travellers.
Frequent Flyer and Loyalty Programs
When booking with our Consultant, please let us know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer (or other applicable loyalty program details) for the specific terms of your membership carefully. We cannot guarantee that the third-party Suppliers will credit you with points for your booking.
We act as an agent for and sell various travel related products/services as an agent on behalf of numerous transports, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as travel wholesalers (“Suppliers”). Any brochures provided by us to you are supplied by Suppliers or are prepared by us based on content supplied by Suppliers, and we accept no liability for errors in that material. Your oral and written instructions to us are authority for us to make travel bookings on your behalf and to arrange relevant contracts between you and the applicable Supplier. Notwithstanding this authority, we are not your agent and do not have any fiduciary duty to you. We exercise care in the selection of reputable Suppliers, but we are not ourselves a provider of travel services and have no control over, or liability for, the Products provided by the Suppliers, who are 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 the Supplier. We recommend that you read them before finalizing the transaction and we can provide you with copies of the relevant terms and conditions on request. Your legal rights and remedies in connection with the provision of Products are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us.
During your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions, or may require you to execute additional documents, waivers, or releases. It is understood that any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and condition.
To the extent permitted by law, we do not 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. 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). We disclaim any liability for any consequential loss, including loss of enjoyment or amenity. 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).
Moment Travel assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from any force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labour disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Moment Travel that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions. If any of these conditions apply, Moment Travel shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) www.smarttraveller.gov.au for general travel advice and 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.
If any dispute arises between you and us, the laws applicable in Victoria will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and waive any right that you may have to object to an action being brought in those courts.
AFTA Travel Accreditation Scheme (ATAS)
ATAS is an industry accreditation scheme that sets the benchmark of quality for the travel industry. ATAS is also responsible for monitoring our compliance with the ATAS Code of Conduct (the code) and assisting in the resolution of complaints. The Code sets the standards of good practice that ATAS participants must follow when dealing with their customers. As an ATAS participant we have agreed to be bound by the Code. If you would like to know more about the Code, you can visit the ATAS website www.atas.com.au AFTA Travel Accreditation Scheme (ATAS) Should you wish to speak to ATAS about your complaint you can contact them in the following ways:
- By completing a feedback form on their website www.atas.com.au
- By telephoning them on 92879900
- By writing to them at Level 31, 31 Market Street, Sydney NSW 2000
- By emailing them at email@example.com
We are committed to protecting the privacy and confidentiality of personal information. You hereby consent to and we reserve the right to obtain information from an insurance company about any claim made on an insurance policy issued in your name for which we have paid the premium referred to in the Travel Insurance clause above.
Should you have any questions of queries regarding our terms and conditions you can contact us on:
03 9001 1800 / 1300 888 130
Suite 9002, Level 9
Westfield Doncaster Office Tower
Doncaster VIC 3008