Panache Cruises Pty Ltd
Booking Terms and Conditions (Australia)
ABN: 16 695 935 703
Registered office:
C/- Sheltons Accountants
Level 24, International Tower Three
300 Barangaroo Avenue
Sydney NSW 2000
These Booking Terms and Conditions (Booking Conditions), together with our Privacy Policy, and any other written information we brought to your attention before we confirmed your booking, form the basis of your agreement with us (the Contract).
By making payment for your booking, you confirm that you accept these terms and conditions.
In these Booking Conditions, references to “we”, “us” and “our” are to Panache Cruises Pty Ltd. References to “you” and “your” include the first-named person on the booking and all persons on whose behalf a booking is made, or any other person to whom a booking is added or transferred.
By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:
- they have read these Booking Conditions and have the authority to and do agree to be bound by them;
- they consent to our use of personal information in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable sensitive information (for example, health conditions, disabilities and dietary requirements);
- they are at least 18 years of age and, where placing an order for services with age restrictions, declare that they and all members of the party are of the appropriate age to purchase those services; and
- they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Important: Our role (Principal or Agent)
We act in different capacities depending on what you purchase from us. In some cases, we act as a principal (sometimes described as an “organiser”) and contract directly with you for the supply of combination of travel services we package and sell to you (a Travel Package). In other cases, we act as an agent and arrange for you to enter into a contract directly with a third-party supplier (for example, a cruise line, tour operator, airline, accommodation provider or other service provider).
Because our obligations vary depending on the capacity in which we act, these Booking Conditions are split into the following sections:
- Section A – terms that apply to all bookings;
- Section B – terms that apply where we act as Principal for a Travel Package; and
- Section C – terms that apply where we act as Agent for third-party suppliers.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Accuracy of advertising material
We endeavour to ensure that the descriptions, information and prices on our website and in our advertising material are accurate; however, occasionally changes and errors occur. We reserve the right to correct prices and other details in such circumstances. You must therefore check the current price and all other details relating to the arrangements you wish to book with us at the time of booking.
2.Travel insurance
We strongly recommend you take out comprehensive travel insurance at the time of booking. Many suppliers (including cruise lines and airlines) require you to have adequate travel insurance as a condition of carriage, and it is your responsibility to ensure your policy covers your needs including pre-existing medical conditions, cancellation charges, medical expenses, evacuation and repatriation. If you choose to travel without adequate insurance cover, you accept you do so at your own risk.
3. Events beyond our control (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if our contractual obligations to you are affected by an event beyond our control. An event beyond our control means any event which we could not, even with all due care, foresee or avoid. Examples include war, terrorism, civil unrest, industrial disputes, adverse weather, natural disasters, fire, epidemics/pandemics, acts of government or other authorities (including port, river and aviation authorities), unavoidable technical problems with transport and all similar events outside our or our suppliers’ control.
4. Special requests
Any special requests must be advised to us at the time of booking (for example, dietary requests, cabin or room location, adapted cabins/rooms, mobility assistance, or a particular facility). You should then confirm your requests in writing. While we will pass reasonable requests on to the supplier(s), we cannot guarantee that they will be fulfilled. The fact that a request is noted on your invoice or passed to a supplier is not confirmation that it will be met. We do not accept bookings that are conditional upon any special request being met, unless we have specifically confirmed that request in writing.
5. Accommodation and vessel ratings & standards
Accommodation and vessel standards/ratings are displayed as provided by the relevant supplier. Standards and ratings may vary between countries and between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
6. Disabilities & medical issues
Please tell us at the time of booking if you or any member of your party has any medical condition, disability or special requirement that may affect your travel arrangements. We may need to liaise with suppliers to assess suitability and accessibility, and we may request confirmation that you are fit to travel where this is relevant. If you do not provide full details at the time of booking and this later affects the performance of your arrangements, suppliers may refuse carriage/participation or require changes which may result in cancellation charges.
7. Your responsibilities and conduct
You and your party are expected to conduct yourselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If, in our opinion or the opinion of any supplier or person in authority, you or any member of your party behaves in a way that causes or is likely to cause distress, danger or annoyance to others, damage to property, or delay/diversion to transportation, we or the supplier may terminate your arrangements immediately. In that event, our and/or the supplier’s liability to you will cease, you may be required to leave your accommodation or vessel, and no refunds will be made. You may be liable for any loss/damage caused by you or your party.
8. Excursions and third-party activities
Excursions, tours or other activities you choose to book or pay for during your trip may be provided by third parties and may not form part of the arrangements we contract to provide. Where an excursion or activity is not included in your confirmed arrangements, your contract will be with the operator of that excursion or activity, not with us. We are not responsible for the provision of the excursion or anything that happens during its provision by the operator.
9. Passports, visas, entry requirements, health formalities
We can only provide general information about passport, visa, entry, immigration, safety and health requirements. It is your responsibility to check requirements for your own circumstances, destinations and transit points well in advance of travel, including passport validity rules and any visas/authorisations required. For Australian passport holders, useful resources include martraveller (travel advisories and general guidance), the Australian Passport Office, and relevant embassies/consulates. For travel to Australia, the Department of Home Affairs provides guidance on entry requirements. You are responsible for any fines, penalties, costs or losses incurred as a result of you not meeting those requirements.
10. Names and travel documents
You must ensure all names on your booking match the relevant travel documents (including passport) exactly. If you provide incorrect names or details, suppliers may impose change fees, may require re-ticketing, or may refuse boarding. You are responsible for all costs arising from incorrect information you provide.
11. Pricing, currencies and GST
Prices may be quoted in Australian dollars (AUD) or another currency as specified. Where prices are based on supplier pricing in foreign currency, they may be subject to currency fluctuations until paid in full. Unless expressly stated otherwise, prices include applicable taxes known at the time of quotation. GST treatment varies by product and supplier; if GST applies to our services, it will be disclosed on your invoice.
12. Credit card surcharges and payment processing
We may charge a payment processing fee or credit card surcharge where permitted by law and where disclosed to you before payment is taken. Any such fee will be shown on your invoice/receipt. If you initiate a chargeback or payment dispute, we may suspend processing of refunds, amendments or further services until the dispute is resolved.
13. Consumer rights (Australian Consumer Law)
Nothing in these Booking Conditions excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (ACL) or other applicable laws which cannot be excluded. Where we are permitted by law to limit our liability, we do so to the maximum extent allowed.
14. Privacy
We collect, use and disclose personalinformation in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) where they apply to us. Please see our Privacy Policy for details of how we handle personal information, including overseas disclosures which may occur when we book travel arrangements with suppliers located overseas.
15. Complaints and dispute resolution
If you have a complaint about our services, please contact us promptly using the contact details above so we can try to resolve it. We are ATIA/ATAS accredited - Accreditation No: A19927 - we will handle complaints in accordance with the relevant Code of Conduct and escalation process.
16. Law and jurisdiction
Your Contract with us and all matters arising out of it are governed by the laws in force in New South Wales, Australia. You and we agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
SECTION B – WHERE WE ACT AS PRINCIPAL FOR A TRAVEL PACKAGE
This Section B applies only where we contract with you as principal for a Travel Package (for example, where we package and sell to you a combination of travel services under a single booking and invoice). This Section B must be read together with Section A.
17. What is a Travel Package?
For the purposes of these Booking Conditions, a Travel Package is a combination of two or more travel services (for example, cruise + accommodation, cruise + flights, cruise + tours or transfers) which we sell to you under one booking, where we are your contractingparty for those combined services (as listed on your confirmation invoice). A cruise may be sold as a standalone product or as part of a Travel Package. We will tell you at the time of booking whether we are acting as principal (Section B) or as agent (Section C).
18. Making your booking
A booking is made when you pay the deposit (or full payment if booking within the final payment period) and we issue you with written confirmation. We reserve the right to return your deposit and decline to confirm a booking at our discretion. A binding contract comes into existence when we issue your confirmation.
19. Deposit and balance payments
Deposit amounts and payment schedules vary depending on the Travel Package and suppliers involved. Your confirmation invoice will state your deposit amount and final payment due date. If we do not receive payments in full by the due dates, we may treat your booking as cancelled by you and cancellation charges will apply.
20. Price changes
We reserve the right to amend the price of unsold Travel Packages at any time and to correct errors. After your booking is confirmed, we may increase the price only to allow for increases which are a direct consequence of changes in: (a) the cost of fuel or other power sources; (b) taxes or fees imposed by third parties (including port charges, landing fees, embarkation or disembarkation fees); and (c) exchange rates relevant to the Travel Package. We will notify you of any price increase as soon as reasonably possible and will provide an explanation of the increase. If a price increase is significant, we will offer you options which may include accepting the change, choosing an alternative (if available) or cancelling for a refund of amounts paid for the Travel Package (excluding non-refundable items such as insurance premiums and fees already incurred).
21. If you change your booking
If you wish to change any part of your booking after confirmation, you must inform us in writing by emailing [email protected] . Changes are subject to availability. Panache Cruises will charge a $50 per person fee plus any fees/charges imposed by suppliers. Certain arrangements (including airfares, some promotional fares and some supplier bookings) may be on-changeable and may incur charges of up to 100% of that part of the arrangements.
22. Transfers
If any person on your booking is prevented from travelling, you may request a transfer to another person, subject to supplier rules. Transfers are only possible where permitted by the relevant supplier(s), and may require name changes, re-ticketing or reissuing travel documents. You must notify us as soon as possible, and in any event by any deadline required by the supplier(s). You and the replacement traveller remain responsible for all costs arising from the transfer.
23. If you cancel your Travel Package
To cancel, you must notify us in writing by emailing [email protected]. Cancellation will take effect when we receive your written notice. Cancellation charges apply because we incur costs in cancelling arrangements. Your cancellation charges will be the greater of: (a) supplier cancellation fees and non-refundable components; and (b) our $150 per person cancellation charge. Unless otherwise stated on your invoice, our standard cancellation charges for Travel Packages are:
- up to the final payment due date: loss of deposit and any non-refundable fees already incurred;
- after the final payment due date: up to 100% of the total Travel Package cost (depending on supplier rules and non-refundable components)
- The $150 per person Panache cancellation charge will be retained as a FCC and can be used against any new future booking within 24 months
- We will advise you of the applicable charges at the time you request cancellation
24. If we change or cancel your Travel Package
We plan Travel Packages in advance and may occasionally need to make changes. Minor changes (for example, a change of carrier, or a change of accommodation to one of the same or higher standard) will not entitle you to compensation. If we have to make a significant change or cancel your Travel Package, we will notify you as soon as reasonably possible and, where practicable, offer you options which may include: accepting the change; accepting an alternative (if available); or cancelling for a refund of amounts paid (subject to non-refundable items). Where a ancellation arises due to events beyond our control, your rights may be limited to a refund of amounts we recover from suppliers.
25. Our responsibility (Principal)
Where we act as principal, we are responsible for supplying the services specifically included in your confirmation invoice. Our liability will be limited to the extent permitted by law, and subject to the limits of liability and exclusions contained in relevant international conventions and supplier conditions (for example, airline and cruise line conditions of carriage) where they apply. Nothing in these Booking Conditions excludes rights you have under the ACL.
26. Complaints and prompt assistance
If you have a problem while travelling, you must tell the relevant supplier (for example, the cruise line or hotel) immediately and also contact us as soon as reasonably possible at [email protected] so we can try to assist. If your complaint cannot be resolved during travel, you should send us written notice of your complaint within 28 days of the end of your trip, including your booking reference and relevant details. Failure to follow this process may affect our ability to investigate and resolve your complaint. Read our full complaints handling policy.
Panache Cruises is a proud to hold ATIA Accreditation, ATIA is an industry accreditation scheme that sets the benchmark of quality for the travel industry. ATIA is also responsible for monitoring our compliance with the ATAS Code of Conduct (the Code) and assisting in the resolution of complaints.
If you would like to know more about the Code, you can visit the ATAS website www.traveltick.com.au.
27. Cutting your trip short
If you are forced to return home early, we cannot refund the cost of any elements of your Travel Package you have not used, unless we are able to recover refunds from suppliers. Your travel insurance may provide cover for curtailment depending on the policy terms.
SECTION C – WHERE WE ACT AS AGENT FOR THIRD-PARTY SUPPLIERS
This Section C applies where we act as your booking agent only. In these cases, your contract for the travel services is with the relevant third-party supplier(s) (for example, the cruise line, airline, tour operator or accommodation provider). This Section C must be read together with Section A.
28. Your contract with the supplier
Where we act as agent, we arrange for you to enter into a contract with the supplier(s) identified on your confirmation invoice. The supplier’s terms and conditions will apply to your booking, and it is your responsibility to read and understand them. Copies are available on request and are often available on supplier websites.
29. Payments
Deposit and final payment requirements are set by the supplier(s). Unless otherwise stated, monies you pay to us for an agency booking are received by us as agent on behalf of the supplier and forwarded in accordance with our agreements with them. If full payment is not received by the due date, the supplier may cancel your booking and impose cancellation fees.
30. Changes and cancellations by you
Any amendment or cancellation request must be sent to us in writing by emailing [email protected]. Amendments and cancellations can only be accepted in accordance with the supplier’s terms and conditions and may incur supplier fees (which can be up to 100% of the cost). We may also charge an administration fee for processing changes or cancellations, which will be disclosed at the time you request the change/cancellation.
31. Changes and cancellations by the supplier
If the supplier needs to make a significant change or cancel, we will notify you as soon as reasonably possible based on information provided to us. Any alternative arrangements or refunds will be governed by the supplier’s terms and conditions. We will liaise between you and the supplier where appropriate but we accept no liability for changes or cancellations made by the supplier.
32. Our responsibility (Agent)
As agent, our responsibilities are limited to arranging the booking in accordance with your instructions and using reasonable care and skill in providing that service. We are not responsible for the acts or omissions of suppliers or the services they provide. Where we are found liable to you for a breach of our obligations as agent, our liability will be limited to the maximum extent permitted by law. Nothing in these Booking Conditions excludes rights you have under the ACL.
33. Complaints
Because your contract for the travel services is with the supplier, any issues about the supply of those services should be raised with the supplier in the first instance (including during travel). If you wish to complain about our services as agent, please contact us using the details above.
ADDITIONAL IMPORTANT INFORMATION
34. Supplier rules, health and safety requirements
Cruise lines, airlines and other suppliers may have health, safety and conduct requirements, including vaccination/testing requirements, age limits, pregnancy restrictions, mobility requirements, and the right to refuse carriage. You must comply with all supplier requirements. If you are denied boarding or refused carriage due to failing to meet supplier requirements, cancellation fees may apply.
35. Onboard accounts, gratuities and inclusions
Many cruise lines require passengers to set up an onboard account at embarkation (often using a credit card). Gratuities may be included, optional or automatically charged to your onboard account depending on the cruise line. What is included in the cruise fare varies by supplier and itinerary; please refer to your invoice and supplier documentation.
36. Airfares and airline conditions
Where flights are part of your arrangements, airline schedules and fares are subject to change and availability until ticketed. Once tickets are issued, changes and cancellations may incur airline fees and fare differences and some fares may be non-refundable. Airline conditions of carriage apply.
37. Delays and cancellations of travel services
Travel services can be delayed or cancelled. Your rights and remedies will depend on the circumstances, including whether the delay or cancellation is within the supplier’s control. Airline or supplier compensation policies may apply and do not replace your rights under the ACL where it applies.
38. Travel advisories and your duty to monitor
Travel advisories and entry requirements can change. You are responsible for monitoring official travel advice, health guidance and entry requirements for your destinations and transit points and for making informed decisions about travel.