1. Definitions
In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Agreement means any agreement between Moment Travel and the Customer for the provision of services;
Amendment Fee means an amount payable by the Customer to Moment Travel if the Customer seeks to amend any part of the Booking and Moment Travel gives effect to such amendment, payable to Moment Travel as follows in addition to any applicable Supplier Fees or credit card surcharges:
(a) amendments to Australian domestic or trans-Tasman Bookings will incur a fee of $75 per passenger; and
(b) amendments to international Bookings (excluding trans-Tasman Bookings) will incur a fee of $100 per passenger;
Amount Owed means the total amount payable by the Customer for the services and Travel Arrangements, less any Deposit paid by the Customer;
Booking means a Customer’s acceptance of a Quotation as informed to Moment Travel, subject to these Terms;
Cancellation Fee means an amount payable by the Customer to Moment Travel if the Customer seeks to cancel all or any part of the Booking and Moment Travel gives effect to such cancellation, payable to Moment Travel as follows in addition to any applicable Supplier Fees or credit card surcharges:
(c) cancellation of Australian domestic or trans-Tasman Bookings will incur a fee of $150 per passenger; and
(d) cancellation of any international Bookings (excluding trans-Tasman Bookings) will incur a fee of $300 per passenger;
consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;
Consultant means Moment Travel’s representative/s responsible for liaising with the Customer on behalf of Moment Travel in relation to the services or any other matter under an Agreement;
Customer means the person, jointly and severally if more than one, acquiring the services from Moment Travel;
Departure Date means the date scheduled for commencement of the Travel Arrangements;
Deposit means an amount payable by the Customer to Moment Travel at the time of Booking, as set out in a Quotation;
Force Majeure Event means an event or circumstance outside Moment Travel’s reasonable control that impacts or may impact on the provision of the services or the Travel Arrangements, including but not limited to flood, fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, tropical storms or hurricanes, or other extreme weather events, power shortages or failures, acts or threats of terrorism or war, physical unrest, riots, civil disturbances and any other acts of a similar nature, expropriations, insurrection, terrorist activities, sabotage, arrests, industrial disputes, strikes or labour disruptions, lockouts, port or airport closure, technical problems with transport, accident, breakdown, epidemic, pandemic, quarantine restrictions, government imposed travel restrictions, or other laws, regulations or orders imposed by governmental authorities, import or export restrictions;
GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
Moment Travel means Moment Travel Pty Ltd (ABN 90 621 439 076);
Policy means a Moment Travel policy as available on its website: www.momenttravel.com.au, and Policies means any or all of them;
Products means the individual components of the Travel Arrangements, including but not limited to accommodation, airfares, cruises, meals, tours, transfers and transport;
Quotation means Moment Travel’s quotation provided to the Customer in respect of proposed Travel Arrangements;
Refundable Amounts means the amount/s paid by a Customer to Moment Travel in respect of a particular service the subject of amendment or cancellation, less any unrecoverable costs incurred by Moment Travel and any Retainable Amounts;
Retainable Amounts means any Amendment Fee, any Cancellation Fee, and any other amount unrecoverable by Moment Travel or identified in a Quotation as retainable;
services means the booking, payment, ticketing and other related services provided by Moment Travel in relation to the Travel Arrangements;
Supplier means a third party responsible for providing the Products;
Supplier Fees means any amounts payable by the Customer to a Supplier, including but not limited to amounts payable to the Supplier in the event of amendment or cancellation;
Travel Arrangements means the travel arrangements made by Moment Travel for the Customer;
Terms means these Terms and Conditions; and
Unrecoverable Costs means any reasonable losses, costs and expenses incurred before cancellation and related to the cancellation. This may include but not limited to unrecoverable third-party costs and other expenses paid by Moment Travel in relation to arranging the various components of the product or Travel Arrangements. Losses will also include an amount of overhead charges incurred by Moment Travel.
Voucher means a voucher purchased from a third party and redeemable for services from Moment Travel.
2. Basis of Agreement
2.1. Subject to Clauses 2.2 and 2.3, and unless otherwise agreed by Moment Travel in writing, these Terms apply exclusively to every Agreement, and cannot be varied or replaced by any other terms.
2.2. Customers who book with Moment Travel are also bound by the terms and conditions of any relevant Suppliers (Supplier T&Cs) insofar as they relate to Products and Travel Arrangements, and the Customer accepts and agrees that:
(a) it is the Customer’s responsibility to read and understand the Supplier T&Cs as provided to them or where access is made available to them; and
(b) in the event of an inconsistency between these Terms and any Supplier T&Cs, these Terms will prevail to the extent they relate to an Agreement.
2.3. If a Customer seeks to redeem a Voucher, the Customer accepts and agrees that:
(a) redemption of the Voucher is subject to these Terms
(b) Moment Travel is authorised to commence booking and ticketing processes upon receipt from the Customer of the Customer’s Passenger Information Form or other acknowledgement of booking; and
(c) in the event of any inconsistency between these Terms and terms of the Voucher, these Terms will prevail to the extent they relate to an Agreement.
2.4. Moment Travel may at any time amend or vary these Terms or correct any errors or omission in any of its published materials, and such amendments, variations or corrections will apply to any Travel Arrangements subsequently made.
3. Quotations
3.1. These Terms may include additional terms that are set out in a Quotation that are not inconsistent with these Terms.
3.2. Subject to these Terms, prices quoted by Moment Travel for the services or the Travel Arrangements are:
(a) only valid if in writing;
(b) in Australian Dollars, unless stated otherwise;
(c) inclusive of GST;
(d) given for the entire package of Products and are not itemised for each individual Product; and
(e) valid until the expiry date stated on the Quotation unless withdrawn by Moment Travel at its discretion before a Booking.
3.3. Unless otherwise stated, prices quoted for the Travel Arrangements exclude any duties, imposts or taxes imposed on or in relation to the Travel Arrangements in Australia or otherwise.
3.4. Where applicable, Moment Travel’s Quotations will specify any charges or fees payable in the event of amendment to or cancellation of Travel Arrangements where such charges or fees differ from those set out in these Terms.
3.5. All Quotations are subject to an inventory allocation system, and the Customer acknowledges and agrees that if Moment Travel reasonably determines any Products or Travel Arrangements the subject of a Quotation are no longer available Moment Travel may at any time modify or withdraw the Quotation provided to the Customer.
3.6. Moment Travel reserves the right to not honour a Quotation that it reasonably determines to be incorrect owing to a printing, clerical or electronic error (except for a manifest error by Moment Travel).
4. Pricing
4.1. Any and all prices shown in any promotional materials are indicative only, are usually representative of travel during the low season, and to the extent permitted by law are not binding on Moment Travel.
4.2. Prices per person may be based on Products being booked for all parties in the original Booking, and Moment Travel does not guarantee the same per person pricing will be available if the number of parties in a Booking changes.
4.3. If there is any change in the costs incurred by Moment Travel in relation to providing the services or a change in the price of Travel Arrangements, Moment Travel may vary its price to take account of any such change by notifying the Customer, whether or not the Customer has made full payment and the Customer may:
(a) accept the new price and proceed; or
(b) reject the new price and cancel the Booking, in which case Moment Travel must refund the Customer all amounts paid to Moment Travel for the services or the Travel Arrangements less any costs that are unrecoverable for Moment Travel.
4.4. Once a Customer has made a Booking, Moment Travel is not obliged to offer the Customer any reduction in price payable by the Customer:
(a) simply because any Product or Products forming part of the Travel Arrangements the subject of the Customer’s Booking become available at a price lower than that offered to the Customer; or
(b) on account of any currency fluctuations.
5. Deposits
5.1. Unless otherwise agreed in writing, and subject to clause 6.1 of these Terms, the Customer must pay the Deposit to Moment Travel at the time of Booking.
5.2. All Deposits are non-refundable for changes of mind or cancellations by the Customer, subject to the Customer’s rights under the ACL.
5.3. If a Customer pays a Deposit and subsequently requests a variation to a Booking, Moment Travel may vary the balance payable by the Customer to account for any cost arising from or relating to the requested variation and the Customer may:
(a) agree to pay the varied balance and proceed; or
(b) reject the varied balance and withdraw its request.
6. Payment
6.1. The Customer may be liable to make payment in full at the time of Booking, including but not limited to Bookings made online, and Moment Travel will advise the Customer of any such requirement at the time of Booking.
6.2. Where a Customer has made payment of a Deposit only;
(a) at the time of Booking; or
(b) in multiple payments in relation to the Booking;
the Customer must pay the Amount Owed as directed by Moment Travel and in any case no later than 91 days prior to the Departure Date unless otherwise stated.
6.3. Time for payment is of the essence.
6.4. Moment Travel may amend or revoke payment terms at its discretion immediately on written notice to the Customer.
6.5. Where the Customer pays by credit card:
(a) a surcharge will be added to the amount payable by the Customer as follows: 1.1% for MasterCard or Visa, and 2.2% for American Express; and
(b) the Customer indemnifies Moment Travel from and against any costs, damage, expenses or loss Moment Travel may suffer if the issuer of the Customer’s credit card fails process payment to Moment Travel, and must compensate Moment Travel for any such costs, damage, expenses or loss in full on demand.
6.6. Flight reservations cannot be confirmed or ticketed until full payment is received by Moment Travel.
7. Payment default
7.1. If the Customer defaults in payment by the due date of any amount payable to Moment Travel, then all money which would become payable by the Customer to Moment Travel at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Moment Travel may, without prejudice to any of its other accrued or contingent rights:
(a) cancel the Booking or terminate an Agreement;
(b) retain any Deposits paid by the Customer;
(c) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4% for the period from the due date until the date of payment in full;
(d) charge the Customer for, and the Customer must indemnify Moment Travel from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement; and
(e) cease or suspend supply of any further services to the Customer.
7.2. Subject to any statutory stay of proceedings, clause 7.1(e) may also be relied upon, at Moment Travel’s option:
(a) where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
8. Travel documents
8.1. Unless otherwise agreed, travel documents (including but not limited to airline tickets, hotel and tour vouchers and similar documents) will be provided 4- 6 weeks prior to the core tour departure date selected.
8.2. Travel documents issued to the Customer may include special conditions including restrictions, such as baggage size and weight limits, and the Customer is bound by such special conditions.
8.3. Travel documents are not transferable, and any tickets or similar documents must be issued in the name of the passport holder as some carriers will deny carriage if the name varies.
8.4. Unless otherwise agreed, the Customer is responsible for collecting all travel documents prior to travel and must contact their Consultant to confirm when their travel documents are ready for collection.
8.5. Upon collection, the Customer must review the travel documents and advise Moment Travel immediately of any errors in names, dates or timings, as an incorrect name on a document may result in an inability to use that document.
8.6. Moment Travel will not be held responsible for tickets or other documentation lost by the Customer or a third party, and any charges associated with re-issue or re-sending of tickets and/or documentation will be at the Customer’s expense.
9. Amendments to Bookings
9.1. Subject to these Terms, Moment Travel will endeavour to assist the Customer with any requests to amend the Travel Arrangements the subject of a Booking.
9.2. Where a Customer requests amendments to a Booking that do not amount to a cancellation:
(a) any such change is strictly subject to availability; and
(b) Moment Travel is under no obligation to achieve the amendments requested by the Customer,
and where amendments are made as requested, the Customer is liable:
(c) to pay Moment Travel the Amendment Fee; and
(d) for any Supplier Fees arising from or relating to any Product that has been or will be varied as requested by the Customer.
(e) Some product and/or Travel arrangements can be imposed penalties may be up to 100%.
9.3. Moment Travel must use reasonable endeavours to ensure Travel Arrangements proceed as booked by the Customer, however the Customer acknowledges and agrees:
(a) delivery of the Products and all parts of the Travel Arrangements are matters out of Moment Travel’s control or influence; and
(b) Moment Travel, or any Supplier, may alter any part of the Travel Arrangements where reasonably necessary due to matters beyond their control other than a Force Majeure Event, without liability.
9.4. Where Moment Travel alters any part of the Travel Arrangements under clause 9.3, it must endeavour to ensure any alternative arrangements substituted in place of the affected Travel Arrangements are of a comparable standard.
10. Cancellation
10.1. The Customer must give Moment Travel notice if the Customer intends to cancel any Travel Arrangements.
10.2. Where a Customer cancels or seeks to cancel any Booking, Product or any part of the Travel Arrangements, the Customer acknowledges and agrees that:
(a) Moment Travel will, subject to these Terms, use its reasonable endeavours to assist with such cancellation but is not liable for any loss the Customer may suffer in the form of amounts paid or payable by the Customer to parties other than Moment Travel as part of the Travel Arrangements;
(b) the Customer may be liable to pay Cancellation Fees to Moment Travel; and
(c) the Customer will be liable to pay any Supplier Fees in the event of such cancellation.
(d) If a person in a party cancel and there is a room change caused by this cancellation (such as a Twin/Double to Single, or Triple to Twin/Double), charges for the new room type will be the responsibility of the remaining party.
(e) All cancellations fees are additional to supplier cancellation fees and/or other charges that may be levied by your Travel Agent.
(f) Moment Travel or supplier may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or Moment Travel cancellation fees.
(g) If deposit or booking is refundable, this is subject to Moment Travel having received the funds from the suppliers and/or being authorised by the suppliers to refund your deposit or booking funds.
(h) 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 Moment Travel.
10.3. Moment Travel may cancel a Booking or any part of the Travel Arrangements if:
(a) the Customer requests such cancellation, and Moment Travel accepts that request;
(b) by reason of system or user error a Departure Date is in fact oversold and unavailable to the Customer;
(c) any required Customer information is not provided or returned to Moment Travel within a specified time;
(d) it reasonably considers the minimum requirements of a travel offer are not met;
(e) any element of the Customer’s Booking contravenes a Policy;
(f) Moment Travel has made a mistake in advertising or promoting any Product, such that the Product has been fundamentally misstated; or
(g) prior to the Departure Date, the Supplier withdraws or ceases providing the Product or other relevant aspect of the Travel Arrangements.
10.4. Without limiting its rights under these Terms, Moment Travel may cancel a Booking or any part of the Travel Arrangements without liability if the Customer fails to comply with payment or other obligations set out in these Terms, and the Customer acknowledges and agrees:
(a) it will be liable to Moment Travel in full in respect of the Booking in the event of such cancellation; and
(b) such cancellation does not relieve the Customer of any obligations it owes to Moment Travel or any Supplier.
11. Refunds
11.1. In the event of cancellation for any reason set out in clauses 10.3 & 10.5, and without prejudice to any obligations it has at law, Moment Travel will refund the Customer the Refundable Amounts within a reasonable time after cancellation.
11.2. To the maximum extent permitted at law, any Booking made pursuant to the redemption of a Voucher is strictly non-refundable and non-transferable.
11.3. The Customer acknowledges and agrees that, to the maximum extent permitted at law, Moment Travel is not liable to the Customer and no refund is payable by Moment Travel in the following circumstances:
(a) where the Customer changes its mind;
(b) where the Customer breaches any of these Terms;
(c) where the Customer breaches any Policy;
(d) where a Customer is a “no-show” or otherwise fails to present on time for any accommodation, cruise, coach travel, excursion, flight, rail travel, tour or any other transport, transfer or Product, and the Customer’s entitlement to participate in, stay or travel is cancelled by any party as a result;
(e) where Travel Arrangements are or were provided in accordance with their description or otherwise in accordance with these Terms or any Supplier T&Cs, but did not meet the Customer’s expectations;
(f) where the Customer is unable to travel for medical reasons or personal commitments;
(g) where a Customer’s preferred travel time or travel offering is unavailable;
(h) where the Customer seeks to redeem a Voucher but the Voucher has expired;
(i) where a Customer seeks to redeem a Voucher but the Products the Customer wants are unavailable or are unavailable at a suitable time for the Customer;
(j) where the Customer is denied entry to a country or other destination due to a failure by the Customer to comply with any requirements including but not limited to health or medical requirement;
(k) where the Customer leaves a tour and is unable to be contacted after reasonable efforts have been made to do so, and the Customer’s participation in the remainder of the tour is cancelled by any party as a result; or
(l) where Moment Travel cancels the Booking or any part of the Travel Arrangements on the basis of a reasonable suspicion of abuse or fraudulent activity.
11.4. The Customer acknowledges and agrees that in respect of any bonus inclusions in any Travel Arrangements that are offered for free or for which the Customer has not otherwise paid, Moment Travel is not liable to provide any refund to the Customer if:
(a) the Customer does not wish to participate in or take advantage of any such inclusions;
(b) any such inclusions are amended, cancelled or do not otherwise proceed as originally planned.
12. Force majeure
12.1. Subject to clause 12.2, neither Moment Travel nor the Customer are liable to each other or any other party to the extent either is prevented from acting by a Force Majeure Event.
12.2. Clause 12.1 does not apply in respect of, and does not excuse either party from, any obligation to pay money.
12.3. To the maximum extent permitted at law, Moment Travel is not liable to the Customer or any third party in any way whatsoever to the extent provision of the services, or availability of the Products or any part of the Travel Arrangements, is impacted by a Force Majeure Event.
12.4. If Moment Travel considers the provision of its services to a Customer, or a Product or the Travel Arrangements or any party of a Product or the Travel Arrangements, is or will be impacted by a Force Majeure Event, it must give notice to the Customer and may without liability:
(a) suspend or terminate the Agreement by written notice to the Customer;
(b) cancel the Travel Arrangements or any part of the Travel Arrangements;
(c) offer the Customer alternative Travel Arrangements of comparable standard as may be appropriate in the circumstances and invoice you for any additional costs; or
(d) offer the Customer:
i. travel credit with Moment Travel in the sum of the Refundable Amounts; or
ii. a refund in the sum of the Refundable Amounts.
12.5. If a Customer accepts an offer made by Moment Travel under clause 12.4(c):
(a) Unless otherwise agreed by Moment Travel in writing, Moment Travel may charge the Customer, and the Customer must pay, the Amendment Fee; and
(b) the Customer will be liable for and must pay any relevant Supplier Fees.
13. Loyalty programs
13.1. The Customer acknowledges and agrees that:
(a) operators of loyalty programs, including but not limited to frequent flyer and accommodation programs, are independent of Moment Travel;
(b) where a Customer provides Moment Travel with their loyalty program details at the time of Booking, Moment Travel will use reasonable endeavours to ensure such details are passed on accurately to the relevant loyalty program operator;
(c) the Customer is responsible for reading and complying with the terms and conditions of any such loyalty programs; and
(d) Moment Travel excludes any and all liability for any decision of, or failure by, a loyalty program operator to credit the Customer’s loyalty program account with any points or similar rewards.
14. Obligations
14.1. The Customer is responsible for reading and complying with the Policies.
14.2. The Customer must notify Moment Travel of any pre-existing medical conditions that might reasonably be expected to affect the Travel Arrangements, and agrees and acknowledges that Moment Travel will not be liable for any loss or damage incurred by the Customer or any third party as a result of any pre-existing medical condition or health issue of the Customer or any third party that may affect, delay or interfere with the Travel Arrangements.
14.3. The Customer agrees and acknowledges that it is the Customer’s sole responsibility, and that Moment Travel will not be liable to the Customer or any third party for any loss of damage incurred by a Customer or any third party arising from or in any way relating to a Customer’s failure, to:
(a) obtain travel insurance appropriate for the Travel Arrangements and suitable for the Customer’s needs;
(b) advise Moment Travel of any special requests relating to the Travel Arrangements at the time of booking (including, but not limited to, requirements for special meals, specific seating, disabled access and room type);
(c) obtain valid passports, visas and re-entry permits which meet the immigration and governmental requirements of the country (or countries) of travel (generally, at least 6 months validity from the date of departure is required);
(d) make itself aware of all information that is necessary or desirable to know in order to take advantage of the Travel Arrangements;
(e) obtain any vaccinations or take any other health precautions (including, without limitation, carrying relevant vaccination documentation and pharmaceutical prescriptions) applicable to the country (or countries) of travel; and
(f) take all steps reasonably necessary (including, without limitation, the consultation of appropriate medical professionals) to identify whether they have any pre-existing medical conditions or health issues (whether known or unknown) that may affect, delay or interfere with the Travel Arrangements.
14.4. Moment Travel will use reasonable endeavours to fulfil any special requests relating to the Travel Arrangements made in accordance with clause 14.3(b), but does not guarantee any requests will be accommodated and excludes liability for any cost, damage, expense or loss incurred by the Customer or any third party if such requests are not fulfilled.
14.5. Upon request, Moment Travel can:
(a) provide the Customer with general information on passport and visa requirements relevant to international travel;
(b) obtain specific information from an external visa advisory service provider on the Customer’s behalf relevant to the Travel Arrangements and assist the Customer to obtain necessary visas, in which case fees apply and the Customer is liable for such fees;
however, Moment Travel does not warrant the accuracy, completeness or reliability of any information it obtains from third parties, and expressly excludes all liability of any kind whatsoever to the Customer or any third parties arising from or in any way related to the Customer’s reliance on any such information.
14.6. Moment Travel recommends that the Customer contact the airline with which they are travelling 24 hours prior to the scheduled departure time to confirm there have been no changes to the scheduled departure time.
15. Insurance
15.1. Moment Travel strongly recommends all Customers insure themselves against loss of Deposit, cancellation charges, medical and repatriation expenses, personal injury and accident, death, loss of personal possessions or baggage, and any other foreseeable cost, damage, expense, liability or loss related to the Travel Arrangements.
15.2. Moment Travel expressly excludes liability to the Customer or any third party for any cost, damage, expense, liability or loss arising from or in any way related to a Customer’s failure to obtain suitable travel insurance.
16. Travel advisory
16.1. It is the Customer’s responsibility to ensure they are up to date and informed about the most current travel advice and warnings relevant to their Travel Arrangements.
16.2. Moment Travel recommends all Customers:
(a) visit the Department of Foreign Affairs and Trade (DFAT) website (www.smarttraveller.gov.au) for information (including but not limited to safety alert levels) relating to the proposed country (or countries) of travel; and
(b) register their travel plans with DFAT so they may be more easily contacted in an emergency.
16.3. Moment Travel does not warrant the accuracy or completeness of the information available on the DFAT website and expressly excludes liability to the Customer or any third party for any cost, damage, expense, liability or loss arising from or in any way related to the Customer’s reliance on that information.
16.4. In the event of an active travel warning from the Australian Government against travel to any locations featured in the Travel Arrangements, if a Customer chooses to travel to those locations they assume all risk of personal injury, death or property damage that may arise out of events like those advised or warned against.
16.5. The Customer acknowledges and agrees that different countries, facilities, vehicles and Suppliers may have different qualities of advice, build, labelling, warnings and precautions than in Australia, and that the Customer is responsible for maintaining personal diligence and safety notwithstanding the level of standards.
16.6. The Customer acknowledges and agrees that:
(a) in the course of participating in the Travel Arrangements, a Customer may have an opportunity to participate in additional, optional activities provided by Suppliers or other third-party providers and such Suppliers or third-party providers may render their services to the Customer subject to separate terms and conditions or may require the Customer to sign documents such as waivers or releases; and
(b) the Customer acknowledges and agrees Moment Travel expressly excludes liability for any cost, damage, expense, liability or loss of any kind whatsoever incurred by any Customer or third party arising from or relating to participation in such activities or the execution of such waivers or releases.
17. General liability
17.1. Except as the Terms specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, acceptability, fitness for purpose, condition, description, or performance of the services or any contractual remedy for their failure.
17.2. If the Customer is a consumer, nothing in these Terms excludes, restricts, limits or modifies the Customer’s rights or remedies against Moment Travel for failure of a statutory guarantee under the ACL with respect to the services.
17.3. If clause 17.2 does not apply, then other than as stated in these Terms Moment Travel is not liable to the Customer or any third party in any way arising under or in connection with the services.
17.4. To the maximum extent permitted at law, Moment Travel excludes liability for any direct or indirect or consequential costs, damages, expenses, loss or expense suffered by the Customer or any third party howsoever caused, including but not limited to financial loss, loss of enjoyment, pain and suffering, accident, damage, injury delay or irregularity.
17.5. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of services which cannot be excluded, restricted or modified.
18. Agency
18.1. The Customer acknowledges and agrees that:
(a) Moment Travel sells the services but does not provide any of the Products;
(b) Moment Travel acts as agent for Suppliers of the Products forming part of the Travel Arrangements;
(c) unless otherwise agreed by Moment Travel in writing, any contract, ticket or voucher for a Product forming part of the Travel Arrangements arranged by Moment Travel is a contract between the Customer and the Supplier and not Moment Travel; and
(d) unless otherwise agreed by Moment Travel in writing, Moment Travel is not the Customer’s agent and owes the Customer no special, fiduciary or other duty or obligation except those set out in these Terms or those that cannot be excluded by law.
18.2. Moment Travel does not warrant the accuracy, currency or completeness of information contained in any advertising material, brochures or any other documents or material made available by or on behalf of any Supplier, and expressly excludes liability for any cost, damage, expense, liability or loss incurred by the Customer or any third party arising from or related to reliance on such information.
18.3. To the maximum extent permitted by law:
(a) Moment Travel expressly excludes liability for any cost, damage, expense, liability or loss incurred by the Customer or any third party arising from or related to the Customer’s participation in or use of any Product; and
(b) the Customer acknowledges and agrees that its rights and entitlement to any remedy arising from or related to a Product lie against the Supplier of that Product, including but not limited to any:
i. amendment to, delay in provision of, or non-provision of any Product;
ii. amendment, cancellation or substitution of any accommodation or transport;
iii. charging of any fee by a Supplier;
iv. name changes; or
v. seat assignments.
19. Miscellaneous
19.1. These Terms are governed by the laws of the State of Victoria, Australia.
19.2. Moment Travel and the Customer agree to the exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and courts entitled to hear appeals from those courts.
19.3. Moment Travel’s failure to enforce any of these Terms shall not be construed as a waiver of any of Moment Travel’s rights.
19.4. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
19.5. Unless otherwise agreed in writing, a notice must be in writing and handed personally or sent by email. Notices sent by email are deemed received on confirmation of successful transmission.