terms and conditions

Sam's Travel & Tours

Application of Convention and Laws

International Carriage is governed by the Convention, where applicable, or under applicable laws where the Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 as amended (or any replacement legislation), the Australian Consumer Law or in the case of intra-State travel, complementary State legislation.

 

Refunds

Customer refunds will only be processed for the unused portion of the tickets. All refund requests must be made in writing to STT. Refund processing fee of $100 per ticket will be applicable and payable upfront for all refunds irrespective of the amount of refund.

 

Refunds on Taxes and Charges

Whether or not a refund applies on your airfare, if you do not use your Ticket, you may be entitled to claim a refund of certain charges and taxes which you have paid, excluding any amounts we have had to pay to third parties. We may deduct a reasonable administration fee. If the fee exceeds the amount of the refund, no refund will be paid.

 

Deadline for Refunds

All refund requests must be made in writing to Sam’s Travel. Unless an applicable law says otherwise, we may refuse to provide a refund if it is requested after the end of the Ticket validity. Generally, tickets are valid for 12 months from the date of issue. It is your responsibility to check the validity of your ticket.

 

Right to Refuse Refund

We may refuse a refund on a Ticket to depart from the country you are in unless you can establish to our satisfaction that:

  • you have permission from the appropriate government or other authority to remain in that country, or
  • you will depart by another means of transport.

 

Resort Packages, Hotel Stays, and Activities

We customise various all-inclusive (airfares, accommodation, and activities) corporate and leisure packages. We only resell services offered by various wholesalers. Please note that all venues and services providers have their own cancellation and refund policies which we do not have any control over. It is your responsibility to familiarize yourself with their terms of sale and refund/cancellation policy. Once you purchase these packages, or any of the services offered by us, you are deemed to have read and agreed to the terms and conditions.

 

 

Ocean/River Cruise Packages

All ocean and river cruise packages sold by us have their own cancellation and refund policies which we do not have any control over. Once you purchase these packages, or any of the services offered by us, you are deemed to have read and agreed to the terms and conditions.

 

Fees charged by us

  • Refund processing fee from $100.00 per ticket
  • Ticket Re-Issue Fee $50.00 per ticket
  • Ticket Validation Fee $50.00 per ticket
  • Credit card payment fee 2% of the total invoice
  • Tickets where journey originates outside of Australia $35 per ticket
  • Ticket change fee from $50.00 per ticket
  • Any other fee charged, or cost incurred in arranging your requested services
  • Extraordinary Circumstances Service Fees as determined by the Travel Providers and Admin/Service Fee charged by us

All of the above fees are NON-REFUNDABLE

  • Sam’s Travel & Tours Pty Ltd (hereinafter referred to as “STT”) will not be liable for any loss sustained by the customer due to (but not limited to) any corruption of data, technical errors, missed ticketing timelines and/or inaccuracies in relation to the tickets sold by STT due to the reasons beyond its control.
  • STT acts as an agent for various Travel Suppliers. All bookings are subject to the terms, conditions and limitations of liability imposed by third party Travel Suppliers some of which may limit or exclude liability in respect of certain matters, including death, personal injury, delay, or loss or damage to baggage. Whilst STT is not liable or responsible in any way for the conduct or omissions of third parties, STT is to be regarded as having the benefit of all such terms, conditions, and limitations of liability. To the extent of any inconsistency between these terms and conditions, and the terms and conditions of any Travel Supplier, the terms of the applicable Travel Supplier shall prevail.
  • The Travel price only includes items that are expressly stated as being included in the booking confirmation, including its booking fees and service charges for conducting the Customers’ Travel arrangements. For the avoidance of doubt, local travel and airport taxes may apply overseas and are not included in the Travel price. STT does not make any representations about or guarantee the class or standard of any accommodation or services selected for the Travel.
  • STT and its customers will be contractually bound when a ticket is purchased by the customer from it in which case STT will act as a Principal.
  • At its sole discretion, STT reserves the right to mark up the suppliers’ price and to determine/fix the Prices of the tickets sold by it. These prices may fluctuate from time to time without prior notice. It is the customer’s responsibility to check all ticket prices and information relating to same before purchasing any of the tickets.
  • Fares & Taxes are subject to change at any time without prior notice until tickets are issued.
  • Schedule change fare difference is payable by the customer in addition to any applicable fees and penalties.
  • Customers are required to pay STT on the due dates mentioned on STT invoices.
  • STT reserves the right to take legal action against the customer not paying by the due date. All legal costs and incidentals incurred by STT to recover its debts shall be borne by the respective customer in default.
  • If any amount received by STT from the customer is avoided by law then such payment shall not be deemed to have discharged the liability of the customer, and the customer and STT shall be restored to a position in which they would have been had no such payment been made.
  • The customer unconditionally and irrevocably guarantees to STT the due and punctual payment by the customer of the monies due as and when it becomes due and payable to STT.
  • If the customer does not pay STT any of the indebtedness when due or any other event of Default occurs which entitles STT to enforce any security, or to accelerate payment of all or part of the indebtedness, then the customer must pay the amount of the indebtedness to STT on demand.
  • Travel documents cannot be transferred to another person to use.
  • STT does not accept payment by Cheques. The acceptable mode of payment credit, or debit card or bank transfer.
  • Payments by credit card will attract a non-refundable surcharge.
  • We reserve the right to modify any of our Terms and Conditions at any time without prior notice.
  • The Australian laws will apply in the event of any dispute arising between STT and the customer. 
  • The customer shall not disclose their dealings with STT, quotes offered to the customer, etc. to any third party.
  • The Customer must familiarise him or herself with any health or visa requirements and “travel warnings” which are applicable to the Travel. The Customer must obtain all exit, entry, customs, immigration, quarantine, health, and other documents required by the laws or regulations of the countries visited or transited and carry a valid passport at all times.
  • The Customer acknowledges that the Customer passport must be valid for a period of at least six (6) months from the date of return to Australia.
  • It is the Customer’s responsibility to ensure that they are aware of, consider and address any health requirements for the Travel, including any physical disability or medical conditions of the Customer. STT must be advised of any physical disability or medical conditions requiring special attention before a Customer books the travel.
  • Each Customer is solely responsible for their own belongings and STT is under no obligation to replace or compensate, nor shall it be liable for any loss or damage suffered as a result of property belonging to the Customer being lost, stolen or damaged.
  • To the maximum extent permitted by law, STT will not be held responsible or liable in negligence, contract or howsoever if any person incurs, experiences or suffers an accident, direct or indirect loss including but not limited to loss suffered to property or person, damage, fatality, injury, psychological injury, inconvenience, loss of enjoyment, disappointment or health related issue whatsoever whilst in transit to or from the Travel, in respect of their time, presence or participation in the Travel and/or their time at a Travel location before, during or after the Travel. For the purposes of giving effect to this clause and in consideration of STT organising the Travel and the terms and conditions contained herein, the Customer hereby fully and finally releases and discharges STT from any liability, claim, action, right or entitlement whatsoever the Customer has against STT whether known or unknown, whether accrued, contingent or inchoate arising out of, concerning or relating to the Travel.
  • Each Customer, or if under the age of 16, their parents or legal guardians, fully indemnifies STT against any loss, liability, damage, action, demand, expense, claim, fine, charge or obligation which STT has or may suffer or incur by reason of or in any way consequent upon, arising out of or incidental to the non-performance or non-observance of the obligations and liabilities imposed on the Customer under this contract or by reason of or concerning or arising out of the conduct, act or omission of the Customer on or related to the Travel.
  • If any clause in this contract becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining clauses of this contract shall not in any way be affected or impaired.
  • The Customer acknowledges and accepts the above terms and conditions applying with respect to the Travel and acknowledges having read and understood them and the Customer understands that no other agreement or disclaimer, verbal or otherwise, applies as this contract together with the booking confirmation contains the entire contract between the Customer and STT.
  • We do not principally supply any Travel Arrangements that form part of your booking. We solely act as an agent for Travel Providers to facilitate your purchase of Travel Arrangements from them.
  • We may receive financial benefits (including commissions) and non-financial benefits from Travel Providers when we facilitate the sale of their Travel Arrangements to you.

TRAVEL PROVIDERS

  • While we exercise reasonable care in recommending reputable Travel Providers, we have no control over the Travel Provider and we do not guarantee performance by any Travel Provider. We do not warrant the standard or fitness for a particular purpose of any Travel Arrangements and to the fullest extent we disclaim any warranties of this nature.
  • The Travel Provider is responsible to you for the delivery of Travel Arrangements subject to the Travel Provider Booking Conditions. These may set out refund and cancellation terms and may also limit the Travel Provider’s liability to you. It is your responsibility to ensure you are aware of the Travel Provider Booking Conditions. We can provide you with copies upon request, which you should familiarise yourself with prior to making a booking request.
  • We are not liable for any acts, omissions, failures, or delays on the part of any Travel Provider (or any of their employees, agents, contractors or suppliers). Any claims you may have in connection with the performance of Travel Arrangements must be made directly against the Travel Provider (except to the extent the claim arises due to our fault).
  • Any information relating to Travel Arrangements, or a Travel Provider has been provided by the Travel Provider or an independent third party. We are not responsible for this information. We make no warranty regarding the completeness, accuracy or standard of this information. You should make your own enquiries to verify information related to Travel Arrangements or a Travel Provider before making a booking.
  • Quotations for Travel Arrangements are valid at the time they are given but are subject to change at any time prior to a booking being confirmed. Please note that Travel Providers will generally not hold Travel Arrangements prior to confirmation.
  • Prices and Travel Arrangements may be withdrawn or varied without notice prior to the Travel Provider confirming your booking for the Travel Arrangements.
  • Quotations will generally be given in Australian dollars, but from time-to-time we may quote in foreign currencies. Quotations will include taxes and handing fees as applicable at the time of quotation. These are subject to change and can only be confirmed at the time of final payment. You may be required to pay local airport taxes, city taxes and similar taxes and charges in destination.
  • Please note that prices are subject to change following a booking being confirmed in accordance with the Travel Provider Booking Conditions. Such changes could be as a result of negative currency fluctuations, increases in fuel levies or an increase in government taxes or service charges.
  • If the Travel Provider changes the price of any booked Travel Arrangements, then will notify you of the change and collect any additional payment from you, but we have no further responsibility.
  • In the event of Extraordinary and Unavoidable Circumstances the Travel Provider may cancel or modify your Travel Arrangements in accordance with the Travel Provider Booking Conditions.
  • If your Travel Arrangements are cancelled due to Extraordinary and Unavoidable Circumstances, then we will use reasonable endeavours to obtain either a credit or refund from the Travel Provider (“Extraordinary Circumstances Services”). Your rights to a credit or refund may be limited under the Travel Provider Booking Conditions. We make no guarantee and expressly disclaim any warranty that we will be able to obtain a refund or credit from a Travel Provider.
  • Please note that any credit or refund issued by the Travel Provider may be partial only and may be subject to specific conditions. We have no control over these conditions.
  • You agree that we may charge you fees for providing Extraordinary Circumstances Services as specified in the Service Fee Schedule (“Extraordinary Circumstances Service Fees”). This is in addition to the fees we are entitled to for having provided Advisory and Booking Services. We may request that you pay Extraordinary Circumstances Service Fees to us before we endeavour to obtain a credit or refund from Travel Providers.
  • You agree that we are entitled to be paid (and you agree to pay us) for the Booking and Advisory Services we have provided for any Travel Arrangements that are cancelled or modified due to Unavoidable and Extraordinary Circumstances.
  • If you are due a refund for any cancelled Travel Arrangement, then we will use reasonable endeavours to obtain the refunds from the Travel Provider, but we do not guarantee and expressly disclaim that we will be able to obtain refunds from any Travel Provider.
  • We have no obligation to pay any refund to you until we have received the corresponding amount from the Travel Provider. Please note that it may take some Travel Providers several months to process a refund.
  • You authorise us to deduct Advisory and Booking Service Fees and any Extraordinary Circumstances Service Fees from any refund that is due to be paid to you (if applicable). We may in our discretion choose not to charge Advisory and Booking Service Fees where the Travel Provider has cancelled Travel Arrangements for reasons other than due to Unavoidable and Extraordinary Circumstances.
  • You must give us notice in writing if you intend to lodge a chargeback request with your credit or debit card issuer due to the failure by a Travel Provider to deliver Travel Arrangements.
  • As we are the agent for the Travel Provider and not the principal supplier of Travel Arrangements, if you make a successful chargeback request against us because Travel Arrangements have not been delivered due Unavoidable and Extraordinary Circumstances or due to the Travel Provider’s insolvency then:
  • if we have already paid the Travel Provider, you agree that we may claim against you for any loss and damage we incur; and
  • you agree to pay us the for the Booking and Advisory Services in relation to the subject Travel Arrangements.

 

PASSPORTS, VISAS & VACCINATIONS

  • Passport and visa requirements are your responsibility. It is a requirement that you hold a valid passport to depart Australia, and most countries require passports to have at least 6 months validity. This means your passport should be valid for at least 6 months from your scheduled return to Australia.
  • It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of your travel. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the destinations to be visited. You should consult your GP or a specialist travel medical practitioner at least 8 weeks prior to travel.
  • We will not be responsible for any loss you incur if you are denied boarding or entry to a destination because you do not have necessary documentation or records of vaccinations.
  • Any information provided by us is given in good faith and for guidance only. We do not warrant its completeness, accuracy, and authenticity, you must make your own enquiries to satisfy yourself of entry and other requirements.

COVID-19

  • You acknowledge that you are choosing to travel at a time when you may become exposed to Covid-19. You agree that you assume responsibility for risks to your health associated with travelling in the current environment.
  • You should familiarise yourself with any vaccination obligations and obligations to have a negative Covid-19 PCR test within a certain period prior to travel and any obligations to quarantine either in destination or on return to Australia, or domestically. It is your responsibility to satisfy these requirements and associated costs.
  • Please note that some airlines and other Travel Providers have implemented mandatory requirements in relation to vaccines and mask-wearing. It is your responsibility to familiarise yourself with these requirements and to comply with them.
  • TRAVEL INSURANCE
  • We strongly encourage you to be adequately insured for the duration of your trip. We recommend you consider comprehensive travel insurance to cover cancellation, medical requirements, luggage, and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges may be imposed from that time.
  • SPECIAL REQUESTS & REQUIREMENTS
  • Any special requests and requirements (including dietary, medical and disability access requirements) must be notified to us prior to you booking Travel Arrangements. While we will pass on requests and requirements to Travel Providers, note that we are not responsible if Travel Providers do not accommodate them. Any special requests and requirements notified to us after booking may be considered a booking amendment.

MONIES NOT HELD ON TRUST

  • All payments made to us will not be held on trust for you and may be held in any account of our choosing. Payments will be considered debts due and payable to Travel Providers subject to the Travel Provider Booking Conditions and payments in satisfaction of the Advisory and Booking Service Fees and any other fees payable by you to us. Please note that we can only provide you with a refund of payments not yet paid to a Travel Provider after the Travel Provider has authorised us to do so and after we have deduced any fees due to us.

IMPORTANT INFORMATION

  • We strongly suggest that you contact the Department of Foreign Affairs and Trade (“DFAT”) or visit the Smart Traveller website link for the most up to date travel advisories for the destinations that you wish to travel to. You can register your travel plans with DFAT so that you can be easily contacted in an emergency.
  • If you request us to book Travel Arrangements in or to a destination that is subject to a DFAT travel advisory, we accept no liability for your choice and the risks associated with travelling to that destination.

 

RESEVATIONS

Reservations (even after payment of your deposit and final payment) are subject to us receiving confirmation from the service provider including ticketing from the airline provider. In the rare instance where a reservation request cannot be confirmed by the service provider, you will be offered the choice of alternative arrangements (which may be with an alternative service provider), which may be at an additional cost or alternatively a full refund provided where the service provider allows. You agree that we are not liable to you for any such additional costs.

 

FLIGHT SCHEDULE CHANGES

The airlines have the right to reschedule or cancel flights at any time. It is your responsibility to contact the airline prior to travel to ensure the scheduled departure time has not changed. We do not accept responsibility should changes occur nor do we accept responsibility for any additional cost incurred by you to make alterations to your booking to accommodate these changes as these are beyond our control.

SUPPLIER CHANGES

Many of the bonus inclusions which are incorporated into various packages have no associated costs to your package purchase price i.e., they are ‘free’ inclusions. This includes, but is not limited to, bonus inclusions such as cruises, golf, massages, day tours etc. Should you elect to cancel any component of your package there will be no refund forthcoming or any reduction in the overall package price. Additionally, should any ‘bonus’ inclusions be cancelled by an operator or any such service not be provided to you, no refund will be forthcoming, nor will any additional service or compensation be provided unless offered directly to you by the service provider responsible for that service. In such circumstances that the inclusion cannot be provided for any reason, we may elect to find an alternate date, supplier, or inclusion.

TRAVEL DOCUMENTATION

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, reissue and/or amendment fees. All Travel Documents are non-transferable. All airline tickets must be issued in the name of the passport/photo identity holder and some carriers will deny carriage if the name varies from the passport or photo identification provided and the booking may be cancelled. It is your responsibility to ensure you have all required Travel Documents prior to travel. We will not be held responsible for tickets and/or documentation lost by you or a third party. Any charges associated with re-issue and re-sending of tickets and/or documentation will be at your expense. An incorrect 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 your documentation will be your responsibility. Please advise us immediately of any errors.