TERMS AND CONDITIONS
Kirsty and Co (“KAC”) is a privately owned travel consultancy and an independent affiliate of SmartFlyer Australia Pty Ltd (‘SmartFlyer”). SmartFlyer is a member of AFTA, IATA, CLIA and an ATAS accredited Travel Agent Company. References in these terms and conditions to KAC include references to any related body corporate, director, employee or agent of KAC and also to SmartFlyer where applicable. A reference to a supplier in these terms and conditions is a reference to a third party supplying travel services to you such as air travel, car hire, accommodation, insurance, rail travel, or any other service or product related to your travel. These Terms and Conditions govern your arrangements with KAC and apply to all bookings made on your behalf.
FEES
Fees including planning fees and reservation fees are charged in accordance with KAC fee schedule and are non-refundable. These fees are independent of any such fees which may be charged by a supplier. By instructing KAC to make any bookings on your behalf, you agree to pay those fees.
PRICES
All prices are subject to availability and can be withdrawn or varied without notice. Changes in price can occur due to currency fluctuations, fuel surcharges, taxes and other provider increases that are outside of our control. Until full payment of your booking is received by us, any increases will be passed on to you. Every effort is made to ensure pricing is correct at the time it is provided to you and updated at the time of payment if required.
PAYMENT OPTIONS
We accept direct deposits and credit cards. In some circumstances your credit card may be charged directly by a supplier such as an airline or hotel. In such circumstances you, by advising your credit card details, authorise us to pass your details onto the relevant supplier. Direct deposits can take some time to clear into our account so please ensure that you send any funds at least 3 days before any payment due date(s) to avoid cancellations and associated fees. Payment by Credit Card will incur a 1.825% merchant fee. (Visa/Mastercard and Amex accepted).
CANCELLATIONS AND AMENDMENTS
Travel arrangements may be non-refundable and non-changeable. If you cancel a confirmed booking reservation, you are likely to incur fees. It is your responsibility to check the amendment and cancellation fees prior to entering into a transaction with them. KAC accepts no liability for any cancellation fees charged by any supplier. KAC will use it’s best endeavours to ensure you are provided with current information as to supplier fees, however if you are unsure where to find them, or require further information, please ask for assistance.
SCHEDULE CHANGES
Every effort is made to bring schedule changes to your attention in a timely manner however we advise you to check your flight times 24 hours prior to departure for each flight as the airline(s) reserve the right to make schedule changes and amend their flight times as they deem necessary. You agree that KAC is not responsible for, nor accepts any liability arising out of, any schedule changes implemented by an airline which may impact you, your onward travel or arrangements consequent to your flights
REFUNDS
If you cancel your travel arrangements and a refund is due, the refund will be made available to you once all monies have been received by KAC and SmartFlyer from the supplier involved. In so far as we are able, we will advise you of the expected time frame for your refund, which can be up to 12 weeks. In some circumstances you may not be able to claim a refund. All refunds will be processed back to the original form of payment
TRAVEL ADVICE AND WARNINGS
We recommend that all travellers contact Department of Foreign Affairs or visit the Smartraveller website (www.smartraveller.gov.au) for general travel advice on the countries to which you are travelling. It is recommended that all Australian travellers register their personal details (i.e. passport numbers, contact details) in Australia and the countries you will be visiting. Register via the Smartraveller website to utilise this service.
FORCE MAJEURE
KAC and SmartFlyer Australia accepts no liability for any loss or damage incurred by you as a consequence of KAC, SmartFlyer, or any Supplier being unable to perform it’s obligations to you due to unusual and/or unforseeable circumstances (a ‘force majeure event”).
NO WARRANTY
In the performance of it’s services, KAC gives no warranty and makes no representation as to the suitability or adequacy of any suppplier services or products. You agree that if the Supplier services or products are not supplied in accordance with your expectations that your remedy lies with the Supplier and not with KAC or SmartFlyer.
TRAVEL DOCUMENTS
Please check and review all information contained in your documents, including but not limited to; your name, names of those in your travelling party and/or dependents travelling with you, your travel date and times of any other particulars related to your travel arrangements. If you are the lead passenger, please ensure all members of your travelling party are given access to the documentation and that they also check all particulars relating to their travel arrangements in a timely manner.
TRAVEL INSURANCE
Travel insurance is now required for travel to most countries. KAC strongly recommends that you take out a full coverage travel insurance policy at the time you make your booking and at the time monies are exchanged. It is your responsibility to ensure you have adequate cover for yourself and any dependents accompanying you and to adjust to the level of cover as you deem necessary. It is also your responsibility to read and fully understand the Product Disclosure Statement of your insurer prior to entering into any contract of insurance with them. Should you opt to decline travel insurance you may be required to sign a disclaimer.
HEALTH AND VACCINATION REQUIREMENTS
Some countries require vaccinations against specific diseases, infections and illnesses prior to granting entry to their country. General health advice for the destinations you are visiting can be obtained from the Foreign Affairs and Trade Website: smarttraveller.gov.au. We recommend that consult with your professional medical advisor, travel clinic or doctor at the beginning of planning your travel arrangements to ensure you have sufficient time to obtain vaccinations in an effective way.
EMERGENCY DISCLOSURE APPROVAL
Should a natural disaster take place or any other form of emergency arise in a country where you may be visiting at that time, you approve KAC to disclose your contact information, next of kin and itinerary details to the Australian Department of Foreign Affairs and Trade.
GOVERNING LAWS
This agreement is governed by the laws in force in New South Wales. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice.
BAGGAGE ALLOWANCE
Airlines offer different baggage allowances subject to your travel plans, frequent flyer status and your class of travel. Please check the relevant airline website or your e-ticket prior to your travel as these allowances may vary. Some fares do not include checked luggage. It is your responsibility to make sure you have adequate baggage allowance for your entire journey.
FREQUENT FLYERS AND SPECIAL REQUESTS
Please advise KAC of any special requests at the time of making your booking. It is advisable that you retain all boarding passes until your frequent flyer points have appeared on your statement. KAC does not guarantee requests such as (but not limited to) meal preferences and preferred seating. All requests are subject to availability and are always granted at the discretion of the supplier. The supplier may also charge additional fees for special requests.
PASSPORTS AND VISAS
All travellers must have a valid passport with at least 6 months validity beyond the length of intended stay. Some countries require a longer period of validity remaining on your passport. It is your responsibility prior to confirming your travel arrangements to ensure that your passport meets the specific entry conditions of the country and/or countries you are visiting including those you must pass through (transit) in order to reach your destination(s).
Some countries may also require you to obtain an entry visa or permit. It is your responsibility to obtain the necessary visa(s) and/or permits. We recommend that you check entry requirements with the relevant Embassy, High Commission or Consulate of the countries you intend to visit, including those you must pass through (transit) in order to reach your destination(s).
Some countries may deny entry to traveller who have criminal records (including arrests without convictions). You must either provide us with this information, or if you do not wish to disclose this information to us, you must contact the embassy of each country of destination and make your own arrangements for entry into that country.
If you are traveling to the United States of America, you are required to register under the Visa Waiver program in advance of your departure. See https://esta.cbp.dhs.gov/esta to apply and seek more information as desired.
Please ensure you leave sufficient time to obtain any visas/visa waivers. We recommend you review visa requirements at least 3 months prior to travel if possible.
Permanent Australian Residents travelling on a foreign passport must hold a valid Resident Return Visa to re-enter Australia. It is your responsibility to ensure you have the necessary documentation and visa to return to Australia.
At the time of confirming your travel arrangements with KAC, you must supply a copy of the passport particulars page for all members of the party travelling on your booking.
*The name on any airline tickets must match the name on your passport, including middle names. It is your responsibility to confirm accuracy prior to ticketing. Any cancellation/amendment fees incurred as a result of incorrect names may be passed on to you.
COMMISSION
KAC from time to time receive or retain commission, rebates and/or incentives from suppliers related to reservations made on your behalf. Any such commissions are the property of KAC.
AGENCY
KAC’s services are limited to itinerary planning, coordination, and facilitating bookings for travel services supplied by third parties (“suppliers’). In all cases, KAC acts solely as an agent and not as a principal. Your contract for the supply of travel services is directly with the relevant supplier, not with KAC or SmartFlyer.
KAC does not warrant the performance, reliability, or financial viability of any Supplier, and expressly disclaims all liability for any acts, omissions, defaults, insolvency, or failure of any Supplier to provide contracted services (including where a Supplier ceases trading, becomes insolvent, or is placed under administration).
In such circumstances, KAC will use reasonable efforts to assist you in recovering any funds or re-booking alternative arrangements, but any remedies or claims must be made directly against the Supplier (or through your travel insurance provider, where applicable).
You acknowledge that KAC and SmartFlyer are not liable for any loss (direct or consequential), cost, expense, or damage suffered as a result of a Supplier’s failure to perform, financial collapse, or changes to travel services beyond KAC’s control.
ACCURACY OF INFORMATION
KAC has taken reasonable care that all information provided to you in the course of providing services to you is correct and provides such information in good faith. You acknowledge that such information may be subject to amendment at any time without notice and that TES cannot and has not checked the accuracy of all information provided by any supplier. KAC is not responsible for and does not accept any liability arising out of any errors, omissions or misleading information provided by a supplier and you should make your own evaluation of the accuracy, completeness and legitimacy of any information, opinion, advice or other content provided by KAC.
PRIVACY POLICY
By providing your personal information to us, you agree that our privacy policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information to overseas travel service providers (e.g., airlines, accommodation, tour, car hire providers) with whom we make any bookings on your behalf in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any person, you agree that we will not be required to ensure that person’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information.
ACKNOWLEDGEMENT & TERMS ACCEPTANCE
Instruction of KAC and the payment of any funds to KAC pursuant to invoicing or otherwise comprises as an acknowledgement and acceptance of these terms and conditions unless advised otherwise by you, and an acceptance of the risks of travel.