Booking Terms & Conditions

Please read the following terms and conditions carefully. The client must not accept any booking unless the following terms and conditions are completely understood and agreed upon. "NetFlight" is a division of Pace Setter Travel Pty Ltd. References to "us", "we", "our", "NetFlight" and/or "Pace Setter Travel Pty Ltd" in these booking terms and conditions shall mean and include Pace Setter Travel Pty Ltd trading as "NetFlight".

Prices

All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed when paid in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include opposing currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact our consultants for up to date prices.

Travel Documents

Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. A false name on a booking may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates and timings on the client's documentation will be the client's responsibility if not advised at the time of booking. It is the client's responsibility to collect all travel documents from us prior to travel. As a general rule travel documents will be available for collection 2 weeks prior to departure; however this will depend on the client's individual arrangements. Please contact a consultant to confirm when the travel documents are ready for collection.

It is the client's responsibility to contact the airline prior to travel to ensure the scheduled departure time has not changed.

Travel Insurance

The client must obtain a Product Disclosure Statement relating to the travel insurance product the client is considering purchasing and should read that document before making any decision about whether to acquire the product. Travel Insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Please complete the client's travel insurance application form, sign it and return it to us. We cannot issue insurance until this form is provided regardless of whether payment has been made. If the client declines travel insurance they may be required to sign a disclaimer.

Passports & Visas

It is the client's responsibility to ensure they 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 the client's sole responsibility. All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. If the client needs information regarding visa and other travel document requirements for their trip please inform us. We can obtain such information from an external visa advisory service provider on the client's behalf. We do not warrant the accuracy of such information and accept no liability for any loss or damage, which the client may suffer in reliance on it. If requested, we can obtain visas for the client through this external service and fees will apply. If the client is travelling to the United States please see https://esta.cbp.dhs.gov for information regarding compulsory pre-registration for their visa waiver program. Please note, it is possible the client may not meet the requirements of ESTA and may be required to obtain a visa.

Carry-on Baggage at International Airports

To increase the client's safety, there are new rules for taking liquids, aerosols and gels on flights into and out of Australia. These new rules are needed to protect the traveller from the threat of liquid explosives. They are in effect as of 31 March 2007, so please be sure to read the Security Guide for Carry-on Baggage at International Airports.

Travel Advice

For travel advice, please contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au.

Health

It is the client's responsibility to ensure that they are aware of any health requirements for travel destinations and to make sure that all necessary vaccination documentation is taken along. Please check with a local doctor or specialist vaccination clinic.

Taxes

Airline taxes are subject to change and confirmed at the time of issuing the client's airline ticket. There may also be a local tax charged at some airports.

Refunds, changes and Cancellation Fees

We are unable to provide a refund to the client until we receive the funds from the relevant supplier. Cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees and additional charges will apply where a booking is changed and/or tickets or documents are re-issued. Where we incur any liability for a cancellation fee or charge for any booking which the client cancels, it must be agreed upon by the client to indemnify us for the amount of that fee or charge.

Deposit and Final Payment

The client will be required to pay a deposit or deposits when booking. The consultant will advise the client of how much that will be. All deposits are non-refundable. Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.

Agency

"NetFlight" acts as an agent only. We sell various travel related products on behalf of numerous transports, accommodation and other wholesale service providers, such as airlines, coach, rail and cruise line operators. Our obligation is to make travel bookings on the client's behalf and to arrange relevant contracts between the client and travel service providers. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made subject to the terms and conditions and limitations of liability imposed by these service providers. The clients legal recourse is against the specific provider and not us. If for any reason, any travel service provider is unable to provide the services for which the client has contracted, the remedy lies against the provider and not with "NetFlight".

Liability

We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. 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 force majeure or any other event which is beyond our control which is not preventable by reasonable diligence on our part.

Special Requirements

The client may confer with their consultant regarding any special requirements they may have for the travel arrangements such as special meal and seating requests.

Frequent Flyer

The client's consultant must be advised regarding any frequent flyer membership details to be included along with bookings. Also the client is advised to check their frequent flyer program or their specific membership terms. We cannot guarantee that the supplier will credit the client with points for booking.

Payments by Credit Card

Credit card surcharges will apply when paying by credit card. If for any reason any travel service provider is unable to provide the services for which the client has contracted, the client remedy lies against that provider, and not against "NetFlight". In the event that payment has been made to "NetFlight" by credit card, the client agrees that they will not seek to charge back payment to "NetFlight".

Payments by PayPal

Please note that PayPal takes up to 3 business days to process. If the client is paying by this method they will need to make the payment at least 3 business days prior to the actual due date. The client must notify their consultant of the payment once it has been made.

Payments by Cheque

Please note that cheque payments (including bank cheques) require 5 business days to process. If the client is paying by this method they will need to make the payment at least 5 business days prior to the actual due date. The client must agree not to stop payment of the cheque even when they cancel a booking. The client agrees that we may apply the proceeds of the cheque to satisfy any liability they have to us, including any liability in respect of cancellation fees, before refunding the balance to the client.

Privacy Policy

We are committed to protecting the privacy and confidentiality of the client's personal information. Please view our Privacy Policy.

Travel Money

The client may organise Travelex Holiday Money through us. Travelex provide the largest range of currencies and denominations in Travellers Cheques and Foreign Cash as well as the new pre-paid PIN protected card.

Cash Passport

The client must be 18 years of age or older, and they must acknowledge that they understand and agree with the terms and conditions.

Foreign Currency

Packs can be ordered through NetFlight. Please note, packs takes 2 business days to process.

Governing Law

If any dispute arises in relation to the agreement between the client and us as constituted by these terms and conditions or otherwise, the laws of Victoria, Australia will apply. The client irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia, and waives any right that they may have to object to an action being brought in those courts.

Monies not held on trust

All monies paid by the client to us will be the property of "NetFlight" and will be a debt due and payable to the travel service supplier once the services to which the money relates have been provided. The client agrees and acknowledge that such monies will not be held by us on trust for or on behalf of them and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

Website Terms of Use

This website is owned and operated by Pace Setter Travel Pty Ltd ABN 80034468611 ("we", "us") and is provided for residents of Australia only. This page sets out the Terms and Conditions under which the client may use this Site (the "Terms"). Please read the Terms carefully. If the client does not accept the Terms stated here, do not use this Site and service. By using this Site, the client is indicating their acceptance to be bound by these Terms. The term "client" as used in these Terms refers to all individuals and/or entities accessing this Site for any reason.

Website information

This Site displays information about travel locations, airfares, travel agents locations, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, travel companies, information about Pace Setter Travel Pty Ltd and many other things.

Most of this information is supplied to us by third party providers including airlines, hotels and transportation suppliers. Therefore, although we have taken reasonable care to ensure that this information is correct and up to date, we cannot check the accuracy of such information where it is provided to us by third parties.

We accept no responsibility for information supplied to us by third parties. We recommend the clients confirms all information contained on or linked from the Site with the relevant third party provider.

Prices, Travel Restrictions and Conditions

Restrictions and conditions apply to all of the travel products and services offered on this Site and such restrictions and conditions may affect the prices set out on the Site. To determine the applicable restrictions and conditions the client must contact us or the relevant third party provider.

The airlines and other third party providers of travel and travel related services may change their prices, details of their packages, tours, flights and other information displayed on the Site at any time. For this reason, all prices displayed on the Site are subject to change without notice. All travel products and services described on the Site are subject to availability.

We will endeavour to notify the client of all relevant taxes, airport charges and any other additional costs when the client confirms their booking with us (as at that date) but these may be subject to variation prior to the client's departure.

The client is responsible for obtaining all passport, visa and health information that they may require. We may assist the client to obtain such information, however the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirement remains with the client.

Intellectual Property

The material contained on this Site, including (without limitation) the software, design, text and graphics (including trademarks) comprised in this Site and the selection and layout of this Site, are owned or licensed by us and are protected by Australian and international intellectual property laws, including copyright.

The client may use the Site only for their personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, the client must not use, copy, modify, transmit, store, publish or distribute the material on the Site, or create any other material using material on the Site, without obtaining our prior written consent.

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

The Site, including trademarks, service-marks, business names, company names, logos, trade-names, get-up (trade dress), products, technology and processes contained in this Site 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. The client's use of this Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.

The client's Use

The client must only use this Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by the client may result in legal action being taken by us against them.

The client must not:

• Use another's personal information, including name, login details or password without permission;
• make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
• Use the Site while impersonating another person;
• Post or transmit to or via the Site any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
• Tamper with, hinder the operation of or make unauthorised modifications to the Site;
• Delete data from the Site without our permission;
• Knowingly transmit any virus or other disabling feature to the Site;
• Breach any third party's rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
• Frame this Site as part of another site or cache this Site for commercial benefit;
• Commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
attempt to do any of the above acts;
• Knowingly permit another person to do any of the above acts.

The client warrants that:

• They are of sufficient legal age to use this Site and create legal binding obligations for any liability the client may incur as a result of using this Site;
• They are responsible (financially and otherwise) for all uses of this Site by the client and those using this Site using your login details, including their password;
• The information the client supplies via the Site will be accurate and not misleading, deceptive or likely to mislead or deceive.

Indemnity

The client indemnifies us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:

Any breach of these Terms by the client;
Any act or omission by the client or an officer, employee, contractor or agent of the client;
or any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by their or an officer, employee, contractor or agent of the client.

The client's Privacy

We will handle the client's personal information in accordance with the terms and conditions set out in our Privacy Policy.

We and our third party providers of travel and travel related products and services may disclose the client's personal information to others where directly connected with facilitating their travel arrangements and bookings and the provision of travel services and products. For example, we may disclose their personal information to airlines, hotels, car rental companies and other service providers in facilitating your travel arrangements.

At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.

Disclaimers and Limitation of Liability

Use this Site at your own risk.

This site is provided by us on an "as is" basis. We do not warrant or represent that the content of this Site is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties. We make no representations or warranties of any kind with respect to the Site, its contents or any of the products or services supplied through the Site. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the Site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the site or samples.

To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access this Site or the purchase and use of any products and services supplied via this Site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.

In the event that our Site fails to operate or causes the client loss or damage, their sole remedy is the refund of any money that they paid to us to use this Site.

The client's access to and use of this Site is subject to factors beyond our control. We do not represent or warrant that this Site, the server that makes it available or any of the products or services supplied through this Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that this Site will be secure and we will not be liable for any disruptions to the Site.

We do not represent that any of the travel products and services set out on the Site will be suitable for you. You release us from any claims in relation to the travel products and services described on the Site, including but not limited to claims that the travel products and services are not suitable.

Travel products and services offered and promoted via the Site are products and services of third parties. Our role is to facilitate your travel arrangements, including processing your bookings and making payments. We are acting as an agent for third party providers. Your legal relationship in respect of the third party products and services is with the relevant third party provider.

If any warranties are implied by law that cannot be excluded, then our liability for breach of such warranties is limited, at our option, to:
in the case of products:

the replacement of the products or the supply of equivalent products;
the payment of the cost of replacing the products or acquiring equivalent products;
in the case of services:
the supply of the services again;
the payment of the cost of having the services supplied again.

Linking

We may link our Site to other sites on the World Wide Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to the client.

We make no warranties and accept no liability if the client suffers any loss or damage in relation to material contained on external sites or using another's product or services.

Security

Online booking facilities of our third party providers utilise Secure Sockets Layer (SSL) encryption to ensure the security of all online booking transactions. SSL encryption is automatically enabled whenever the user submits confidential information to us via the Internet.

Within Pace Setter Travel Pty Ltd's online booking facilities there are two methods of transmitting credit card information to the booking; either the user submits their details during the booking process or, if the user has an existing profile, the information is sent directly from our profile database into the booking, bypassing the Internet entirely.

Cookies

A cookie is a small piece of text that is placed within the memory of a computer and can be later retrieved by web page servers. We use cookies to enhance the clients interaction and convenience with our website and do not use cookies to record any personal information.

This Site may store cookies on the client's web browser in order to improve service for them on their subsequent visits to the Site.

By using cookies, web sites can track information about visitor's use of the Site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing them to either accept or reject it. The client may also inspect the cookies stored by web browser and remove any that they do not want. If the client disables the use of cookies on their web browser or remove specific cookies from this Site or linked sites, then the use of the Site may be restricted.

Amendments

Except as otherwise specified, we may amend these Terms at any time without notice to you by posting amended Terms on the Site. The amended Terms will take effect immediately when they are posted on the Site.

Termination

We may terminate this agreement, the clients registration with or ability to access this Site and/or any other service provided to them by us and any other agreement between us, immediately if the client breaches any of these Terms.

Our relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between the client and us by these Terms.

Notices

Except as required by law or otherwise specified by us, the client must provide any notices to us using contact us form on our website. We will provide any notices to the client by email to any email address provided by them. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.

Governing law

Any dispute arises about this agreement or how this agreement applies or arising out of the client's use of this Site, the laws of Victoria, Australia will apply.

The client irrevocably and unconditionally submits to the exclusive jurisdictions of the courts of Victoira, Australia, and waives any right that they may have to object to an action being brought in those courts.

General

If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.

Headings are for reference purposes only.

If we do not act in relation to a breach by the client or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.

In these Terms, the term "Site" includes any email bulletins or other content that we provide to the client via or initiated from this Site.