Terms of Use

RACV Travel & Experiences Pty Ltd – Terms of Use

Please read the following Terms of Use carefully.

You must not make a booking unless you understand and agree to the Terms of Use contained in this document (or as may be amended from time to time under the terms contained herein).

These terms and conditional apply whether you make a booking online, over the telephone or in person at a store.

RACV Travel & Experiences Pty Ltd will rely on the authority of the person making the booking to act on behalf of any other person travelling on the booking and that person will bind all other persons travelling.

1. Definitions

1.1. In this Agreement the following definitions shall apply:

“Booking” means the acquisition by you of a Travel Package from a Travel Partner using the RTE Platform subject to the terms set out herein.

“RACV Travel & Experiences", “RTE”, "us", "we" or "our" means RACV Travel & Experiences Pty Ltd, a limited liability company incorporated in Victoria, Australia having its registered address at Level 7, 485 Bourke Street, Melbourne, Victoria, 3122.

"RTE Platform" or “Platform” means the specific travel agency services provided via the internet accessed application and the RTE call centre that is owned, controlled, managed, maintained and/or hosted by RTE.

"Travel Packages" means the various travel products and services that can be ordered, acquired, purchased, booked, bought, paid, rented, provided, reserved, combined or consummated by you via the RTE Platform, including but not limited to tours, cruises, tailored travel and flights offered by Travel Partners.

"Travel Partner" means the a third party provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tours operators, tailored travel, cruises, travel insurances, and any other travel or related product or service that is from time to time available through the RTE Platform.

2. RTE Platform – Usage Terms

2.1. In consideration of RTE permitting you to use of the RTE Platform you agree, represent and warrant the following:

(a) you are at least eighteen (18) years old and have the power and authority to enter into a binding contract with us and with the Travel Partner;

(b) the information you provide us about yourself is true, accurate, current and complete as required by any process required by the RTE Platform; and

(d) You must not:

(i) use another person’s personal information, including name, address et al, without their permission;

(ii) make any fraudulent, speculative or false enquiries, bookings, reservations or requests;

(iii) impersonate another person;

(iv) post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any other material that could give rise to civil or criminal proceedings;

(v) tamper with, hinder the operation of or make unauthorised modifications;

(vi) knowingly transmit any virus or other disabling feature;

(vii) breach any third party rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction; or

(viii) place, use or other convey false or misleading information.

2.2. You agree to indemnify us from and against all claims, actions, suits, demands, liabilities, costs or expenses, losses including consequential losses, arising directly or indirectly from your use the RTE Platform in a manner not authorised by these Terms of Use, including (but not limited to) a breach in relation to those matters provided in Clause 2.1 above.

2.3. The RTE Platform is made available for personal and non-commercial use only. You may not re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on the RTE Platform for any commercial or competitive activity or purpose.

3. RTE Agency

3.1. We act as an agent for, and sell selected Travel Packages, as agent on behalf of our panel of Travel Partners and other travel and related product providers, and specifically:

(a) we exercise care in the selection of Travel Partners, but we are not ourselves a provider of Travel Packages or other travel services and have no control over, or liability for, the Travel Packages or other travel products and services provided;

(b) our obligation to you is to (and you expressly authorise us to) provide Booking services, including making Bookings on your behalf and arranging relevant contracts between you and a Travel Partner;

(c) by using the RTE Platform to make a Booking you enter into a direct, legally binding, contractual relationship with a Travel Partner to purchase a Travel Package.

(d) all Bookings made on your behalf are subject to the terms and conditions of that Travel Partner and the specific Travel Package, including conditions of carriage, rules and restrictions about the use and availability of products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage and such other terms as the Travel Partner shall specify;

(e) your legal rights in connection with the provision of a Travel Package are against the specific Travel Partner and, except to the extent a problem is caused by a fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Travel Partner is unable to provide the Travel Package for which you have contracted, your rights are against that Travel Partner and not against us;

(f) any other services that we may provide (such as processing a change or cancellation with the relevant Travel Partner) to you are collateral to the agency relationship; and

(g) for the avoidance of doubt, we do not offer all Travel Packages for sale in the travel market.

4. RTE Financial Arrangements

We receive remuneration through commissions, financial incentives and other means (together, “financial arrangements”) from Booking Travel Packages and travel-related products and services on your behalf with Travel Partners and other third party travel service providers.

5. RTE Platform – Content (including Price and Availability)

5.1. The information that provided through the RTE Platform is based on the information provided to us by Travel Partners to market and promote their Travel Packages and is subject to the following:

(a) Travel Partners are responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information relating to Travel Packages and themselves which is displayed on our Platform. Each Travel Partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform.

(b) although we will use reasonable skill and care in the operation of the RTE Platform, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.

(c) RTE Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Travel Partner (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.

(d) all prices communicated via the RTE Platform:
(i) are subject to availability and can be withdrawn or varied, without notice, by the Travel Partner;
(ii) are only guaranteed once your Booking has been paid for in full by you;
(iii) if quoted, are subject to change and may occur by reason of matters outside our control or the control of a Travel Partner which may increase the cost of the Travel Package. Factors that impact price may include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases;
(iv) are reflected in Australian Dollars unless otherwise specifically denoted;
(v) are displayed including GST and all other taxes (subject to change of such taxes) and fees, unless stated differently; and
(vi) that contain obvious errors and mistakes (including misprints) are not binding,

(e) for special offers in relation to the Travel Packages provided by Travel Partners the following shall apply:
(i) all special offers shall be marked as such;
(ii) special offers made available by Travel Partners may contain specific terms and conditions that relate to that offer that would otherwise normally not apply to a similar Travel Package (ie. Non-cancellation or non-refundability); and
(iii) you will need to ensure you have read and understood conditions specific to the special offer before Booking,

(f) We display Travel Packages using a curated ranking. You can scroll through this default ranking, use filters and sort by alternative ranking orders and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria. Both the curated ranking and the filters and presentation of Travel Packages are continually evolving and changing to improve your experience on the Platform.

6. Deposits and Final Payments

6.1. You will be required to pay a deposit or deposits when making a Booking and the following shall apply in relation to deposits and final payments:

(a) all deposits are non-refundable for changes of mind or cancellations by you, or if the Travel Partner’s terms and conditions provide that your deposit is non-refundable (subject to your rights under the Australian Consumer Law);

(b) if your deposit is refundable, this is subject to RTE receiving the funds from the Travel Partner (which RTE will use all reasonable efforts to obtain);

(d) final payment is required no later than the period prior to departure set out in the Travel Partner’s terms and condition for the particular Travel Package; and

(e) some elements of a Travel Package must be paid in full at the time of Booking.

6.2. All Booking made online (when available) via the internet must be paid in full at the time of Booking.

7. Travel Insurance

7.1. It is recommended that you take out appropriate travel insurance to cover your travel arrangements. We are not responsible for any failure by you to acquire adequate insurance cover.

8. Travel Documents

8.1. In relation to Booking, it is your responsibility to ensure that RTE or the Travel Partner has provided you with all travel documents required for your Travel Package and specifically:

(a) travel documents shall include, without limitation, airline tickets, hotel vouchers, tour vouchers or any other documents, whether in electronic form or otherwise, used to confirm a Booking or an element of a Booking with a Travel Partner;

(b) travel documents may be subject to certain conditions and/or restrictions including, without limitation, being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees;

(i) all airline tickets must be issued in the exact name of the passport/photo identity holder where your name on your passport, visa and other travel documents must all be identical;

(ii) an incorrect name on a Booking may result in an inability to use that Booking, the Booking being cancelled, and the application of additional change and/or cancellation fees;

(iii) it is your responsibility to ensuring that these your details, being names, dates or timings, are completely accurate before completing a Booking and to ensure that all travel documents are completely accurate post Booking;

(iv) you agree to review your travel documentation carefully and advise us immediately of any errors in names, dates or timings; and

(v) we have no responsibility for any loss or damage arising from the incorrect entry of a traveller's name or other relevant details

(c) travel documents cannot be transferred to another person to use and therefore you must ensure that all relevant information is completely accurate, including:

(d) your travel documents detail all conditions in relation to baggage allowances as these can vary from airline to airline and country to country and excess baggage, if your airline allows it, can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage; and

(e) it is your responsibility to collect all travel documents from us prior to travel.

9. Flight Booking fees

9.1. Flight Bookings through the RTE Platform are subject to the following RTE Booking fees:

Domestic flight bookings - $75 per Booking in addition to Travel Partner fees.

International flight bookings - $150 per Booking in addition to Travel Partner fees.

10. Refund and Cancellations (including cancellation fees)

10.1. All requests for refunds for Travel Product Bookings through the RTE Platform are subject to the terms and conditions that you agreed with the Travel Partners and, if available, are subject to:

(a) your compliance with all the terms relating to requesting a refund contained in the Travel Providers terms and conditions in respect of the Booking (especially as they relate to documentation of the cause or reasons for such request and other documents as are relevant);

(b) the Travel Partner providing the funds relating to the refunds to us and us being authorised by the Travel Partner to pay you the refund;

(c) the application of any cancellation fees applicable under these Terms of Use or the Travel Provider terms and conditions relating to the Booking;

10.2. Refunds are not available in relation to the use of the RTE Platform (including credit card fees) if the Travel Product is not used purely as a result of you being a no-show.

11. Your changes or cancellations

11.1. If you change any aspect of your Booking, we will use all reasonable endeavours to accommodate your request, but you acknowledge that this may not always be possible.

11.2. All changes will be subject to any applicable Travel Partner fees and our change fees set out below, and you will be responsible for any increase in pricing that may occur as a result of your change request.

11.3. For non-refundable Bookings, if you cancel any aspect of your Booking, you will not be entitled to a refund or other remedy from either us or the Travel Partners.

11.4. Subject to your refund and remedy rights under the Australian Consumer Law, the following RTE change or cancellation fees may apply to your Bookings:

(a) changes to Domestic/Trans-Tasman bookings will incur a fee of $45 per Booking in addition to Travel Partner fees.

(b) changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $75 per Booking in addition to Travel Partner fees.

(c) cancellations of Domestic/Trans-Tasman bookings will incur a fee of $75 per person (capped at $150 per booking) in addition to Travel Partner fees.

(d) cancellations of International bookings (excluding Trans-Tasman bookings) will incur a fee of $150 per person (capped at $600 per booking) in addition to Travel Partner fees.

11.5. These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing services to you, as well as processing and managing the changes to, or cancellation of, your Booking.

12. Payment methods

12.1. We accept the following payment methods and outline below the resultant fees for each method:

(a) Debit Cards:

(i) Visa (an additional 0.6% applies to amounts paid by Visa debit card)

(ii) Mastercard (an additional 0.6% applies to amounts paid by Mastercard debit card)

(b) Credit Cards:

(i) Visa (an additional 0.6% applies to amounts paid by Visa credit card)

(ii) Mastercard (an additional 0.6% applies to amounts paid by Mastercard credit card)

(i) Fee free to nominated bank account set out below:

RACV TRAVEL AND EXPERIENCES PTY LTD

BSB: 083-347

ACC: 925-494-524

Reference: Booking surname/Booking reference

12.2. A failure to correctly communicate payment reference could result in a Booking being lost and communicating this will be solely your responsibility. RTE shall have no liability to you in relation to any such lost Booking.

12.3. Credit or debit card fees may also be charged by certain airlines and low-cost carriers. You will be notified of such charges prior to your purchase.

12.4. Where charges, including the credit card fees, are in another currency, which we will provide an estimate for in Australian dollars. The actual amount charged may vary due to differing exchange rates.

12.5. Payments processed in foreign currency (currency other than the original card holder’s country of issue), may incur a currency conversion fee. Please refer to your financial institution for applicable fees.

12.6. Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.

General Terms

13. Disclaimers and Limitation on Liability

13.1. To the extent permitted by law, neither RTE nor any of its related bodies corporate, joint venture shareholders, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by:

(a) the acts, omissions or default, whether negligent or otherwise, of third parties over whom we have no direct control; or

(b) an act of force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.

13.2. To the extent permitted by law, we are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the:

(a) use of (or inability to use) the RTE Platform or associated service;

(b) disruption to the RTE Platform or associated service;

(d) any act or omission of Travel Partners or other third parties,

unless the actual damage you have suffered is directly due to our negligence.

13.3. The operation of the RTE Platform comes with guarantees under the Australian Consumer Law that it will be:

(a) provided with due care and skill;

(b) reasonably fit for the specified purpose;

(d) provided within a reasonable time, and

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

13.4. To the maximum extent permitted by law, RTE excludes all liability for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment. Our liability for a breach of a guarantee, condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option to the supply of the services again or the payment of the cost of having the service supplied again.

13.5. These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing services to you, as well as processing and managing the changes to, or cancellation of, your Booking.

14. Intellectual Property

14.1. The material contained on the RTE Platform, including (without limitation) the software, design, text, images and graphics (including trademarks) including the look and feel and layout, are owned or licensed by us and are protected by Australian and international intellectual property laws including copyright.

14.2. Except to the extent permitted by relevant legislation, you must not use, copy, modify, transmit, store, publish or distribute the material RTE Platform, or create any other material using material on the RTE Platform, without obtaining our prior written consent.

14.3. Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

14.4. RTE Platform, including trademarks, business names, company names, logos, get-up (trade dress), products, technology and processes that may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms and conditions.

15. Unavoidable or Extraordinary Circumstances

15.1. In the event of unavoidable or extraordinary circumstances, a Travel Provider may materially modify or cancel your booking as set out below.

15.2. In these Terms of Use, “unavoidable or extraordinary circumstances” means any cause outside a Travel Partners reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).

15.3. A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).

15.4. If your Booking is cancelled due to unavoidable or extraordinary circumstances, the Travel Partner will offer you a travel credit in respect of your Booking (subject its terms and conditions of Booking) but not a refund.

16. Privacy

16.1. By providing personal information to us, you agree that our Privacy Notice will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Notice. Our Privacy Notice is found at https://tours.racv.com.au/privacy-notice.

16.2. In particular, you agree that in certain circumstances (such as where you request us to book international travel for you), we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas Travel Partners and other travel service providers (e.g. airlines, accommodation or tour providers) with whom you make a Booking or who deliver elements of a Booking. These Travel Partners and travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to our overseas related entities and to service providers who perform services for us within and outside of Australia.

16.3. Generally, we will only disclose your personal information to these entities and/or persons in connection with the 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 entity and/or person (including any overseas recipients), you agree that:

(a) in the case of Travel Partners or other travel service providers or other recipients who are providing services directly to you, we will not be required to ensure that recipient’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information and you acknowledge and agree that your rights in relation to their handling of your personal information are governed by the contract between you and that recipient (which may include their privacy notice); and

(b) in the case of our related entities and Travel Partners and other travel service providers who perform services for us, we will take reasonable steps to ensure that recipient’s compliance with Australian privacy laws. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person and/or entity.

16.4. RTE is the travel agency entity for Royal Automobile Association of Victoria (RACV) Limited (RACV) and there are commercial arrangements between RTE and RACV under which RACV undertakes all marketing activity for RTE. To facilitate these services, you consent to us disclosing your personal information to RACV for the purposes of RACV providing the marketing activity to RTE.

16.5. Further, you agree to your information being disclosed to RACV and agree that RACV and its related bodies corporate may contact you with marketing and information about their products and services (including for the avoidance of doubt products and service outside of travel), discounts, special offers, competitions and invitations to special events, for an indefinite period unless and until you opt out of receiving these communications. You agree that any contact details provided by you can be used for these communications including to contact you by post, phone, email and SMS. If at any time you wish to opt out from receiving these communications please let RACV know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au) or any opt out means provided in the communications.

17. Termination

17.1. We may terminate this agreement, your registration with or ability to access this the Platform and/or any other service provided to you by us and any other agreement between us, immediately if you breach any material terms of this agreement.

18. Monies held by RTE

18.1. You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of RTE and will be a debt due and payable to the travel service provider in accordance with the payment terms we have agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms we have agreed with that IATA airline. In the event we are still holding the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider’s change or cancellation policy.

19. Changes to Terms

19.1. We reserve the right to modify any of these Booking Terms and Conditions at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the RTE website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a Booking with us.

20. Jurisdiction and Law

20.1. Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of Victoria. By accessing the Platform, you consent and submit to the exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with your use of the RTE Platform and these terms.

21. Frequent Flyers and Special Requests

21.1. For more information on whether your airfare is eligible for frequent flyers rewards, please contact the airline directly.

21.2. When Booking, please ensure that you have entered your correct number in the special section featured in the Booking engine.

21.3. For bookings made by telephone via our RTE Call Centre, please advise your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.

21.4. We will use our reasonable endeavours to accommodate special requests by passing them on the relevant Travel Partner, however, you acknowledge that may not be possible and you accept that.

22. Visas

22.1. You are require to obtain the appropriate visa for any country you visit and contacting the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smarttraveller.gov.au will provide you with travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.

22.2. USA
If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, if you do not meet the eligibility requirements of ESTA you may be required to obtain a visa.

22.3. Canada
If you are travelling to Canada please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals (“ETA”). Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.

23. Health

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

23.2. Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the Travel Product or other travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the Travel Products or travel service provider directly either at the destination or prior to travelling where possible.