Terms & Conditions

Welcome to our website! The following terms and conditions govern your use of our flight and accommodation booking services, our car hire booking services and any other services we offer from time to time (the Services). You may access and use our website solely to assist you in gathering general travel information, making bookings (whether through our website or third party suppliers) and determining the availability of different travel-related goods and services. Please let us know if you any questions – we would be delighted to assist!

1 Accepting these terms and conditions

(a) This website is operated by Bargain Flights Pty Ltd ABN 97 625 940 230 (we, our or us). You can find it at www.bargainflights.com.

(b) By accessing and/or using our website or making a booking (either through our website or with our customer service team) you:

(1) warrant to us that you have reviewed these Terms and Conditions and our Privacy Policy (Privacy Policy) (available on our website) (Terms), with your parent or legal guardian (if you are under 18 years old), and you understand them;

(2)  warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use our website and they have agreed to the Terms on your behalf; and

(3) agree to use our website in accordance with the Terms.

Please read the Terms carefully and immediately cease using our website if you do not agree to them.

(c) You must not make a booking through our website unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to make a booking through our Site, you agree to: (i) supervise the Minor’s use of our website and their account, if they create an account, (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of our website and their account; (iii) ensure that the content on our website is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

2 Third party suppliers

(a) Information provided by suppliers: The information displayed on our website, such as pricing and availability information and the description of certain goods and services, is information which is provided to us by third party suppliers, such as airlines and accommodation providers (Suppliers). We are not responsible for the accuracy of such information. If we are notified or otherwise become aware that the information provided by a Supplier is incorrect or inaccurate, we may, in our sole discretion, correct such information and amend your booking (in consultation with you) to ensure that it reflects the correct information.

(b) Supplier terms and conditions: When you book the services, or goods, provided by a Supplier through us (Booking), additional Supplier terms and conditions may apply to your Booking, and these terms and conditions apply in addition to these Terms. We will advise you of these additional terms and conditions where relevant and you must read such additional terms and conditions carefully. You agree to comply with the terms and conditions imposed by a Supplier for your Booking.

(c) Waivers: Certain Suppliers, including but not limited to Suppliers who are airlines, may require you to sign a liability waiver. You understand that breaching any Supplier’s waiver or other rules and restrictions may result in your Booking being cancelled, you forfeiting any monies you have paid for the relevant Supplier product or service (Travel Product) and/or us debiting your payment account for any costs we incur due to your breach of a Supplier’s waiver or terms and conditions.

3 Prices you see on our website

(a) Additional costs: As described in clause 2(a), Suppliers provide us with information, including pricing information and we rely on Suppliers to provide us with accurate information. In some situations, the price we display on our website for a Travel Product may not be the final price; additional costs such as baggage fees, seating fees or credit card payment fees may apply depending on your choices as you proceed through the booking process. You should verify these additional costs before making a Booking.

(b) Prices for products or services based overseas: For Travel Products originating, or based overseas, prices may be supplied to us by a Supplier in a currency that is not AUD. In this case, we will provide you with an estimated AUD price, however you acknowledge and agree that the actual amount charged by the relevant Supplier may differ slightly due to exchange rates applied by different card issuers. Your card or bank statement may also show a transaction or conversion fee charged by your card issuer to process the transaction. We are not associated with these additional fees and we are not responsible for payment of them.

(c) Booking one way or return ticket airfares: You are permitted to book one-way or return or ‘roundtrip’ ticket airfares. We may offer you the opportunity to make a reservation for a combination of two one-way tickets, as an alternative to booking a return or roundtrip airfare. Please note that:

(1)  we are not responsible for the additional cost (if any) of changing a flight if one flight is cancelled or rescheduled by a Supplier affecting the other flight; and

(2) unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions and fees.

(d) Your payment card will be charged: If you make any Booking through our website, you acknowledge and agree that we, or a Supplier, will charge your credit, debit or other payment card or other selected payment method the total booking fee (Booking Fee) of the relevant Booking. The Booking Fee is the price displayed on our website for a Travel Product, plus service fees such as fees for baggage or selected seating (where applicable).

4 Creating an account

(a) We may permit you to create an account (Account) on our website, to save you time next time you make a Booking.

(b) You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date, noting that the information you give us will be provided to the relevant Supplier where you make a Booking for the Supplier’s Travel Products. For flights, you confirm that the information you provide to us, including but not limited to your last name, first name and any middle names and the last name, first name and middle names of any traveller in your party is accurate, as you may not be able to travel with a Supplier if this information is not correct.

(c) All personal information that you give to us will be treated in accordance with our Privacy Policy (please see the collection notice below for further information).

(d) When you create an Account, we will give you certain Account details (such as a username and password). It is your responsibility to keep your Account details confidential. You are liable for all activity on your Account, including purchases made using your Account details.

5 Collection notice

(a) We collect personal information about you in order to enable you to access and use our website, to make Bookings  through our website and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to Suppliers and other third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Services or allow you to make a Booking.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

6 Booking accommodation

When booking accommodation, please be aware that some accommodation providers require a deposit to be made on check in, such as via cash deposit or with a credit card, to cover the cost of additional expenses such as damage you cause to a room, purchases from a mini bar or room service. You are responsible for payment of any additional expenses relating to accommodation services, including deposits and you acknowledge and agree that any amounts charged to your credit card by the relevant accommodation provider are not related to any payment made through our website for your Booking. You acknowledge and agree that you are responsible for all charges, taxes and other costs relating to your Booking and which are payable when requested by the accommodation provider, usually at check-in. We do not collect taxes for remittance to the applicable taxing authorities.

7 Confirming tickets

(a) In some circumstances when you make a Booking, we will provide you with a confirmation number before an airline ticket has been issued by the relevant Supplier. We will contact you with details of the confirmation number and usually a ticket is issued shortly after we issue the confirmation number to you. Note that in these circumstances, the booking process is not complete until the ticket has been issued.

(b) We are not responsible for any Bookings that cannot be processed due to inaccurate and/or incomplete credit card verification information, or due to other technical malfunction with internal or external pricing or booking systems, including errors by the airline or the airline reservations system. We will notify you via email if this occurs.

8 Promotions

From time to time, we may offer special deals or vouchers to you. Such deals or vouchers are available for a limited time only. The terms and conditions applicable to a deal or voucher will be displayed on our website.

9 Frequent flyer or other travel programs

(a) If you are a member of any airline frequent flyer program, or any other rewards-based travel program offered by a Supplier, and your Booking permits you to enter details of your program, please ensure you enter your membership details if you wish to accumulate points under this program.

(b) We do not accept any responsibility if the relevant Supplier does not accept or does not register your Booking for their program and you cannot earn points or miles. We recommend keeping copies of your boarding pass and any other proof of travel/purchase so that you have evidence of your Booking in case you ever need to contact a Supplier regarding their rewards program and your Booking.

10 Making changes to, or cancelling your Booking

Amendments

(a) If you want to change any details of your Booking (such as changing which hotel you stay at, changing your departure date, or changing the departure airport), we will assist you to the extent we are able to, however we do not guarantee that the change will be permitted by the relevant Supplier.

(b) Note that there is a service fee associated with making any changes to your Booking. The amount of this service fee is set out on our website. Our service fee is in addition to any fee the relevant Supplier may charge in connection with any changes, which will be payable by you. The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the Travel Products.

Cancellations

(c) If you need to cancel your Booking, please contact us. If you request a refund, then that request for a refund of monies paid for any Travel Products booked through our website or customer service team will be governed by the terms and conditions of the relevant Supplier, and we are not responsible for, and we do not have any control over, such terms and conditions. Please note that many airfares are non-refundable and some Suppliers may charge cancellation fees for cancellations.

11 Airline schedule changes

(a) In some circumstances, airlines may need to change flight departure times. The relevant Supplier is solely responsible for this change, and we will make reasonable efforts to notify you of a schedule change affecting a Booking.

(b) We recommend that you reconfirm your flight with the relevant Supplier, directly, at least 24 hours prior to the scheduled departure date and time.

(c) If a Supplier offers you the option of rescheduling or reserving another flight as a result of the rescheduling of the original Booking, then you must confirm, directly, with the relevant Supplier whether you wish to re book your flight or not.

12 Visa, passports and travel information and requirements

Passport requirements and flights

(a) It is solely your responsibility to ensure that you (and/or the person(s) on whose behalf you make a Booking, if relevant): (a) comply with all applicable government travel requirements including, without limitation, holding a valid passport (with sufficient time remaining before the expiry of the passport) and visas to enter the destination or countries to which you are traveling; and (b) check in by the required check-in time. We accept no liability if you cannot board a flight due to having an invalid passport or you have not arrived at the airport by the required check-in time.
As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.

(b) For international travel, passports are required. Many if not most countries require travellers to hold a passport that is valid for a minimum period after the traveller enters that country, typically 6 months.

(c) When purchasing flights, you must ensure that the name on the passport matches the name on the Booking otherwise you may not be able to travel and any travel insurance you hold may be invalid. If, after purchasing Travel Products but before traveling, any member of your party changes their name you must notify the relevant Supplier or us immediately so that the necessary changes can be made to your documentation. Please note that a Supplier’s terms and conditions may not permit a name change, or may require the payment of a fee for a name change and you are responsible for payment of this fee.

Visas

(d) It is your responsibility to obtain information and advice on the visa requirements of the destinations you intend to visit. You should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of your departure date. Visa or other travel requirements may change and you should check for up to date information before Booking and departure.

Information and requirements

(e) The above information and any links are provided to you in good faith and must be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so we recommend that you apply well in advance of your departure date. We accept no responsibility if you fail to fulfil visa, passport or other requirements when you travel.

(f) Please note that travel to some destinations may involve risk. You should review any travel prohibitions, warnings or announcements made by the Australian Department of Foreign Affairs and Trade prior to departing.

(g) We recommend that you obtain travel insurance for your trip and that you review the policy document for any such insurance policy carefully.

(h) If you are travelling with a minor, you must review the relevant Supplier’s terms and conditions relating to travel with a minor. The specific requirements attaching to travel with a minor may vary from Supplier to Supplier. If you fail to comply with any requirements relating to travel with a minor, you may not be able to board a flight and you may forfeit any fees paid.

(i) We recommend checking with your doctor for any required or recommended inoculations prior to your departure date.

13 Payment

(a) You must pay the Booking Fee in full in order to access the Travel Products offered by the relevant Supplier for your Booking.

(b) By clicking the “pay now” button or similar, you:

(1) accept the Booking Fee;

(2) accept the Supplier’s offer to sell their Travel Products to you for the Booking Fee and subject to any terms and conditions of that Supplier;

(3) consent to us supplying your billing, payment and identification information (including personal information) to those Suppliers who will supply the Travel Products which form part of your Booking and accept that the recipients of this disclosure may not have in place privacy policies equivalent to ours;

(4) accept that your Booking is not confirmed until full payment is received by us and confirmation is provided to you by us or the Supplier with a confirmation or booking number for the relevant Travel Product or Travel Products.

(c) You:

(1) authorise our agents to:

I. charge all fees incurred to the credit card designated by you; and

II. disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide;

(2) must take steps to confirm that there is sufficient credit on your credit card account to meet likely charges;

(3) authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate; and

(4)  consent to us supplying your billing, payment and identification information (including personal information) to those Suppliers which supply their Travel Products to you.

(d) If we do not receive payment for your Booking for any reason, you agree to pay us all amounts due on demand.

(e) If you make any payment via credit card, then your Booking Fee may be displayed as an “authorised transaction” or as “pending” on your bank account. There may be a short delay between the time a transaction is settled on our website and when it is removed from its status as an authorised transaction or pending on your bank account.

14 Limitations

(a) You accept that where we act as an interface between you and Suppliers, we will under no circumstances be held liable with respect to Travel Products you have booked with one or more Suppliers. We are not liable if and insofar as you are able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with these Terms (including the subject matter of these Terms) will be limited to, and must not exceed $100; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) injury or loss to any person;

(2) failure or delay in providing the Travel Products; or

(3) breach of the Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Travel Products.

(d) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

(e) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

(f) The Travel Products provided by a Supplier might also confer you certain Statutory Rights.

(g) These Terms apply to the offer of Services by us, to you. We operate our website which acts as an interface between you and various Suppliers offering their Travel Products. When you make a Booking for a Supplier’s Travel Products through our website, you will be entering into a contract with the relevant Supplier for their Travel Products.

15 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent:

(1) copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with our website or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

(c) You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our website.  By making available any User Content on or through our website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our website or our other channels.

(d) You agree that you are solely responsible for all User Content that you make available on or through our website.  You represent and warrant that:

(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

16 Prohibited conduct

(a) You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our website; which we would consider inappropriate; or which might bring us or our website into disrepute, including (without limitation):

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(2) using our website to defame, harass, threaten, menace or offend any person;

(3) interfering with any user using our website;

(4) tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;

(5) using our website to send unsolicited email messages; or

(6) facilitating or assisting a third party to do any of the above acts.

17 Termination

(a) We may immediately suspend, terminate or limit your access to and use of our website and (where applicable) your Account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

(b) You may stop using our website at any time for any reason.

(c) We may stop making our website (or any part of it) available without prior notice. If we do this, any Booking that you have made will not be affected, subject to these Terms.

18 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your Account (if relevant) or when making a Booking. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(f) Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.

(g) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(h) Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on our website. Prior to making a Booking, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you made your Booking.

(i) Governing law: These Terms and Conditions are governed by the laws of New South Wales. Our website may be accessed in Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside of Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access our website.

For any questions and notices, please contact us at:

Bargain Flights Pty Ltd ABN 97 625 940 230

Level 4, 87-95 Pitt Street

Sydney NSW 2000

Email: contact@bargainflights.com

Last update: 18 January 2019