My Cruises Specific Terms & Conditions
Ignite Holidays Pty Ltd ABN 86 119 314 377 (“Ignite Holidays Pty Ltd”, “My Cruises”, “we”, “us”, “our”), a subsidiary of Ignite Travel Group Ltd, is a travel agency providing holiday packages and other travel related products.
The terms and conditions below will apply to your purchase and booking of a My Cruises holiday. Please read the following terms and conditions carefully. You must be 18 years of age or older to make a booking. It is important you understand and agree with the following terms and conditions. You should not proceed with any purchase or booking unless you do.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions. The person making the booking has ultimate authority over the booking, including amendments and cancellations.
By confirming your holiday with My Cruises you agree to adhere to and be bound by each individual suppliers terms and conditions and the terms and conditions imposed by My Cruises.
We act as an agent only. We offer a range of travel services (which may include but are not limited to cruise liner services, flights, accommodation, coach and rail services) on behalf of others who provide those services. Our duties to you are limited to arranging bookings on your behalf with those service providers. We are not responsible for providing those services to you, or for the standard of any service provided. If a service provider fails to provide you with a service, or you are not satisfied with the standard of any service provided, you agree that your only rights are directly against the service provider and not against us. You agree that we are not liable to you for any losses that you suffer in those circumstances, and that you will not claim against us (directly or indirectly) any refund, credit or other compensation. You agree that any money that you have paid to us will not be held on trust for you, but will be used by us to make payment to the service providers to secure the booking for your travel services.
LIMITATION OF LIABILITY
We do not accept any liability, whether in contract, tort or otherwise, for any act or omission of travel service providers including their failure to provide a service whether through their negligence or otherwise. We do not make any representation about the standard of the services to be provided by travel service providers, and we accept no liability in that regard. We do not accept any liability, whether in contract, tort or otherwise, for any injury, losses, expenses, delays or inconvenience suffered by you in connection with your booking or your travel services, unless our liability is prescribed by legislation which cannot be excluded. Without limiting the foregoing, we will not be liable for any loss of benefit or change in status relating to any loyalty, rewards, frequent flyer or other program which result from the actions of a travel service provider, including a change in flights or a change in airline carrier. Where our liability cannot be excluded, our liability is limited to the amount that you have paid for your travel services.
RATES AND PRICES
Rates and prices quoted in print or on the website and quoted by our reservations personnel are correct at the time of advertisement, subject to availability and can be withdrawn or varied without notice. The price is only guaranteed when final payment has been received by us. Price changes may occur by reason of matters outside our control which increase the cost of the product or the service provided by the suppliers. Such factors include but are not limited to adverse currency fluctuations, fuel surcharges, price increases made by our suppliers, taxes and airfare increases. Rates and prices do not include any costs incurred en route to and from the destination, meals and/or alcoholic beverages (unless specified), telephone calls, items of a personal nature, and personal services not specified as being included in costs on the relevant web pages for each supplier’s product. Where gratuities are included in the price, this refers to cruise gratuities only. On board credit for use on board the ship and amount is per cabin based on twin share.
DEPOSITS, HELD BOOKINGS & FINAL PAYMENTS
You will be required to pay a deposit or deposits when booking. Our consultant will advise you of how much that will be. Payment of a deposit merely holds the reservation and does not guarantee that the final payment amount will not change due to circumstances beyond our control as referred to in the rates and prices clause.
All deposits are non-refundable (including where you cancel the booking for any reason) unless the booking is cancelled due to some negligence or breach of duty by us.
Payment by Credit Card
Credit card surcharges of 1.98% for Visa and MasterCard and 3.3% for American Express will apply. If you have paid any amount to us by credit card, you agree that you will not lodge any dispute with your credit card issuer about the validity of the transaction or the provision of goods or services by us, where a service provider fails to provide a service to you for any reason. You agree that your remedy lies against that service provider and not against us, and that by lodging a dispute with your credit card issuer you will be seeking a remedy against us in breach of these terms and conditions.
Payment by Cheque, Money Order or Cash
If you pay by cheque (including bank cheque), money order, Electronic Funds Transfer or cash, bookings can only be confirmed upon receipt of cleared funds. If you are paying by these methods you will need to make payment at least 5 business days prior to the actual date due for payment. You agree not to stop payment even when you cancel a booking. You agree that we may apply the proceeds of the payment to satisfy any liability you have with us, including any liability in respect of cancellation fees, before refunding the balance to you.
CANCELLATION CHARGES & OTHER SERVICE FEES
For payments made by you, if you cancel the booking we are unable to provide any refund to you unless and until we receive a refund of the amounts paid by us on your behalf to third party travel service providers. Cancelled bookings will incur charges. Travel service providers are entitled to impose cancellation charges, which can be up to 100% of the amount paid to them for the relevant service, regardless of whether travel has commenced.
If we receive any refunds from travel service providers, we will pass those refunds on to you. However you agree that we shall be entitled to retain a minimum cancellation fee of $300 per person which you agree is reasonable compensation to us for the services that we have provided and expenses incurred by us in facilitating and booking your holiday, and processing the cancellation of your holiday.
Should you default in making any payment in accordance with the agreed trading terms all monies owing to us will immediately become due and payable. We will be entitled to charge interest at the rate of 3% above the 90 day bank bill rate as set by The Reserve Bank of Australia per calendar month on all overdue amounts from the date due for payment until the date of actual payment. We reserve the right to recover from you any expense and/or costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and legal costs.
Booking amendments will incur a minimum fee of $55 per person, together with any additional amendment fees applied by the service providers.
Other Service Fees:
We reserve the right to apply other service fees in addition to those charged by airlines, resorts and other service providers, for any services provided by us in addition to those included in your holiday package. Some of these fees may include, but are not limited to, credit card surcharges, late booking fees, processing fees and urgent documentation delivery.
Australian departure tax is recorded on your ticket as being paid. All quoted taxes are subject to change until tickets are issued. There are still some countries where taxes are paid upon arrival and/or departure from the airport.
Reservations (even after payment of your deposit and final payment) are subject to us receiving confirmation from the service provider. 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. You agree that we are not liable to you for any such additional costs.
All seating and meal requirements must be requested at the time of booking. We do not provide any guarantees in relation to these requests and they are subject to availability.
Cruise itineraries may be varied by the cruise operator from time to time due to factors such as high or low water levels, flooding, lock closures, unscheduled vessel maintenance or for any other circumstances beyond our control, variations include but are not limited to cabin allocation changes, cabin type change, differing sail date, alternate ship, cruise cancellation.
Guests who are pregnant during their cruise are required to supply a physician’s ‘fit to travel’ note, including your estimated due date, prior to embarkation. Cruise operators are unable to accept any guests who will have entered their 24th week or later of pregnancy, by the end of the cruise.
LEAVING THE CRUISE EARLY
If you are required, or choose, to leave the cruise for any reason (unless caused by our proven negligence or failure to provide services with due care and skill and that are reasonably fit for purpose), we are not responsible for any expenses, including your return home. This also applies if you do not return to the ship in time for sailing after a port visit. If we assist with any costs, you will need to repay us on your return. In addition, you will not be entitled to any refunds.
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.
Many of the bonus inclusions which are incorporated into various packages have no associated charge to you the customer 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.
We strongly recommend that you obtain travel insurance. The Australian Government also strongly recommends that all travellers obtain travel insurance prior to travel. We are an authorised representative of QBE Insurance (AFSL 239545), on whose behalf we are able to offer you a travel insurance product. You must obtain a Product Disclosure Statement relating to the travel insurance product you are considering purchasing and should read that documentation before making any decision about whether to acquire the product. Our reservations consultants can provide you with general information about travel insurance at the time of booking. If you do not obtain travel insurance either through us or another travel insurance provider, you acknowledge that you may be required to sign a disclaimer.
Travel Documents include (without limitation) airline tickets, hotel vouchers, cruise ship 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, re-issue 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.
Passports and Visas:
As of April 1, 2016, to qualify for an ESTA you must have a passport containing an integrated chip and display the universal e-passport symbol on the front cover.
It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Passports are required by all passengers travelling internationally and are always the responsibility of the passenger. Many countries require travellers to have at least six months validity remaining on their passports beyond the date of return, and immigration authorities may refuse entry if you arrive with less than this. Some countries require a machine readable passport.
If you are travelling to the United States (including Hawaii) please see https://esta.cbp.dhs.gov for information regarding compulsory pre-registration for their visa waiver program. Please note, you may not meet the requirements of ESTA and may be required to obtain a visa.
Health requirements are the responsibility of all individual travellers. Our consultants are not qualified to advise you on vaccinations. Please contact your own doctor or a specialist vaccination clinic.
Please advise your consultant of your frequent flyer membership details for inclusion in your booking. Please check your frequent flyer program for the specific terms of your membership. We cannot guarantee that the supplier will credit you with points for your booking.
MONIES NOT HELD ON TRUST
All monies paid by you to us will be the property of Ignite Holidays Pty Ltd and will be a debt due and payable to the travel service provider once the service to which the money relates has been provided, except for monies paid for flights with an IATA airline which might be held on trust for that IATA airline. You agree and acknowledge that such monies will not be held by us on trust for and on your behalf and we may hold such monies in any account as we see fit, including with our own and /or other customer monies.
I acknowledge that I am 18 years of age or older and that I understand and agree with the terms and conditions above.