Booking Terms & Conditions
Welcome to DealsAway.com. We’re excited to have you join us for an amazing deal away! These are our booking terms & conditions, and whilst these may seem long or tedious, it’s important that you take some time to have a read. We want to make sure we start our relationship off on the right foot, and avoid any surprises later on.
If you do not understand anything written here, please get in touch with us before agreeing to them, as these are binding.
In these Booking Terms & Conditions a reference to “Customer”, “you”, “your” or “traveller” means the named person who makes a booking and where the context (including in respect of liability and responsibility provisions) includes all persons included in a booking by the Customer who makes the booking.
Reference to “DealsAway.com”, “us”, “we”, and/or “our” means DealsAway.com Pty Ltd ABN 29 641 656 877, an Australia-domiciled company. In the context of limitations of liability and responsibility, it also includes any parent company, subsidiaries, affiliates and their respective directors, officers, employees, contractors, agents, affiliates, successors, Representatives, and assigns.
You engage DealsAway.com and we act for you as an agent on a non-exclusive basis to book various travel related products from third party suppliers such as airlines, coach, rail, cruise lines, land carriers, accommodation providers, tour operators, tour guides, tour directors, travel agents, and the providers of any other product or service, who provide travel services (Travel Service Providers). DealsAway.com provides booking services only and does not provide any travel, accommodation or other activities, services or products and has no direct control over, or liability for, the products offered on its website.
DealsAway.com’s obligation to you is to make travel bookings on your behalf and to arrange relevant contracts between you and Travel Service Providers. You expressly authorise us to provide the Services on your behalf and we accept that engagement and agree to provide the Services to you in accordance with these terms and conditions.
All bookings made by us on your behalf are subject to these terms and conditions, including conditions of carriage and limitations of liability, imposed by the third party Travel Service Providers.
It is your sole responsibility to understand and comply with the terms and conditions of the relevant Travel Service Provider supplying the service or services to which your booking relates. By acquiring our Services, you expressly acknowledge that you understand and agree to the terms and conditions of the third party Travel Service Provider/s providing the travel services which are the subject of the Services.
If you have any questions or concerns relating to third-party Travel Service Provider/s’ terms and conditions, it is your obligation to raise these with us immediately. Should you not contact us within 72 hours of receiving third party terms and conditions, and by continuing with your trip after receiving third party terms and conditions, you confirm that you have read, understood, and agree to be bound by them.
Except to the extent that a problem is caused by fault of DealsAway.com, your legal rights in connection with the provision of travel services are against the specific Travel Service Provider supplying that travel service, and not against DealsAway.com.
In providing the Services, DealsAway.com agrees to:
be honest and diligent and provide its Services to the best of its knowledge and abilities;
at all times maintain reasonable ethical, professional and technical standards; and
in relation to any Personal Information of any customer, client, supplier or Representative of the Customer, any user or prospective user or any other person, comply with:
the Privacy Act and any guidelines, information sheets and other relevant material issued from time to time by the Commonwealth Privacy Commissioner; and
Travel deals advertised on our website do not constitute a legally binding offer and are on a request-only basis. Any travel promotion advertised on our website is an invitation to book travel which will at all times be subject to your full payment, due within 60 days of claiming a deal, and availability at the time of booking and fulfilment. We reserve the right to modify, change, extend, withdraw, remove or cancel any travel promotion or offer at any time and Customers should ensure that they carefully read the details of the travel promotion at the time of booking.
If flights are not included in your deal, it is important that you do not book any travel until you have received confirmation from DealsAway.com that your chosen trip is fully confirmed. It is imperative that you arrive at your chosen destination at your chosen start date and time. Please ensure you allow for travelling time to get to your destination and take into consideration different time zones.
All bookings are made via the online booking platform on the DealsAway.com website. At the time of booking we may require various details from you in relation to all travellers for trip servicing and to comply with the requirements of third party Travel Service Providers. Details which may be required include, but are not limited to contact details, passport details, full name and date of birth as displayed in the passport to be used at the time of travel, dietary, medical and mobility requirements.
DealsAway.com will make every effort to accommodate special requests, however, such requests cannot be guaranteed and are always subject to availability. Depending on the information provided, additional fees and costs associated with your specific requirements may be incurred by you.
For international travel deals, all travellers must meet the travel requirements to travel to the requested area and hold a valid passport with at least 6 months validity from the date of return and sufficient blank pages.
It is your sole responsibility to ensure the correctness of the information provided for your booking for all travellers. The Customer acknowledges that changes or corrections to information once submitted may incur additional costs based on the fare rules, cancellation and change policies of third party Travel Service Providers relating to the booking. DealsAway.com will not be liable for any additional fees and costs associated with changes or corrections to information provided by the Customer or any other consequences. In some cases, no changes (even at cost) may be made after a booking has been completed, and may result in your trip being cancelled without any form of compensation.
Our ‘Book Now, Choose Dates Later’ offer allows you to secure any deal at DealsAway.com by simply paying a deposit towards your desired trip, and deciding on the dates that you wish to travel at your convenience in the future. The trip must be embarked on by the ‘Travel By’ date listed on the deal, and the trip balance must be paid by its respective due date. Failure to confirm your travel dates by the ‘Travel By’ date, or failure to pay any balance by its due date will result in the booking being forfeited. Offer is subject to availability, non-transferable, and non-refundable. For any ‘Book Now, Choose Dates Later’ offer, payment must be received in full and the trip confirmed at least 60 days prior to your trip departure.
All prices listed on the DealsAway.com website include taxes, charges and service fees, including GST, where applicable. Prices may be withdrawn or varied without notice and Customers must ensure that they carefully check the prices displayed at the time of booking.
We accept the following payment methods:
All major credit & debit cards;
Certain Buy Now Pay Later services as advertised; and
We reserve the right not to honour any published prices determined by us to have been erroneously published due to clerical or electronic error.
All prices are valid as at the time of booking and full payment. In the event of a further discount to a particular travel promotion after you have completed your booking, you will not be entitled to, and we are not obligated to provide any refund or match any subsequent price reduction.
If you choose to make a purchase using a payment method that is not in your name, you confirm you have permission to use the account, and assume personal liability for the payment/s.
Some travel deals may be subject to mandatory surcharges, additional fees for optional extras, other government taxes, levies, gratuities, or listed fees. Specific terms in relation to particular travel deals will be included in the information relating to particular travel offers.
Full payment is recommended at the time of booking, and required to proceed to fulfilment. Some travel deals can be claimed with a low deposit that will come off the total deal price, and full payment should be made within 60 days of claiming the deal. Should payment not be received in full within 60 days of claiming a deal, we reserve the right to adjust the trip price. A deposit does not constitute a confirmed reservation, unless advised otherwise.
Following submission of the online booking form and payment via the DealsAway.com website, you will receive a booking confirmation via the email address you have provided to us. You must ensure that you provide the correct email address and that you carefully read the booking confirmation to confirm that all booking details are accurate.
Some bookings will require additional information to be provided. Details of the additional information to be provided may be contained in the booking confirmation or subsequent emails provided by DealsAway.com. DealsAway.com are not liable for any expenses, fines, penalties, costs, liabilities, damages or losses incurred as a result of your failure to read and comply with any instructions included in your booking confirmation email or any information provided thereafter.
Our travel deals advertised on the DealsAway.com website are generally discounted, exclusive and/or available for a limited time and in limited numbers. For this reason, purchases are non-refundable, including deposits, unless otherwise stated.
At your time of booking you may upgrade your trip to receive enhanced refund terms on your booking with DealsAway.com. By booking a trip with enhanced refund terms with DealsAway.com you expressly acknowledge that you understand and agree to the Refundable Terms & Conditions, available at https://dealsaway.com/refundable.
If you upgrade your trip to include enhanced refund terms at your time of booking and are unable to attend your booking due to unforeseen circumstances outside of your control, you may be entitled to a refund pursuant to the Refundable Terms & Conditions available via the link above. To apply for a refund please contact your Trip Coordinator to gain access to our online refund application form.
We, and any third party Travel Service Providers must comply with the requirements of the Australian Consumer Law in respect to consumer guarantees and any refund and remedy rights which may be available to you pursuant to that legislation. Except to the extent required by law (including the Australian Consumer Law), our liability to you is limited to the booking services provided by us and does not extend to any failure of travel services provided by third party Travel Service Providers.
DealsAway.com reserves the right to grant transfers or changes to bookings upon request. A decision to grant a transfer or change may be granted or withheld in DealsAway.com’s sole and unfettered discretion.
Some international travel requires specific visa and health requirements. It is your responsibility to ensure that you have obtained the appropriate visa requirements for travel to the destination that is the subject of your booking. You are also solely responsible for complying with any specific health and safety requirements and recommended precautions relevant to your booking.
It is your responsibility to obtain appropriate travel insurance to cover your travel arrangements. We strongly advise that you ensure that your travel insurance is fully comprehensive and includes cover for cancellation, medical and repatriation expenses, personal injury and accident, death, loss of personal luggage and money, and personal liability insurance. You can purchase comprehensive travel medical insurance at globaltravelcover.com, or your Trip Coordinator can provide you with travel insurance options.
To the extent permitted by law, DealsAway.com do not accept any liability for any injury, death, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers, including third party Travel Service Providers over whom we have no direct control.
To the extent permitted by law, DealsAway.com’s liability is limited to the extent that any relevant international conventions limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
To the maximum extent permitted by law, DealsAway.com and its Representatives expressly exclude liability for any damage, compensation and/or delay in the performance of any obligation of DealsAway.com under these terms and conditions where such damage or delay is caused by circumstances beyond the reasonable control of DealsAway.com. DealsAway.com shall be entitled to a reasonable extension of time for the performance of such obligations up to 18 months and should DealsAway.com not be able to perform their obligations due to unavoidable or extraordinary circumstances, will only provide to the customer any funds retrieved from third-parties on their behalf after costs have been covered. The Customer acknowledges and agrees that DealsAway.com holds the benefit of this clause for itself and as agent and trustee for and on behalf of each of its Representatives.
General limitation of liability
Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
If you use DealsAway.com’s services to book travel services on behalf of other travellers, as the primary purchaser, you are responsible for knowing the contact details of all travellers included in your booking. In the event you are contacted directly by the Government, including the Department of Health for the purpose of contact tracing, you must: (a) make the contact details of all travellers included in your booking available to the Government (if you have the consent of each traveller to do so); or (b) contact every traveller included in your booking, and request that they provide their contact details to the Government directly.
It is your responsibility to ensure that you and any other travellers included in your booking meet any relevant eligibility criteria in relation to border restrictions to allow all travellers to participate in the travel services booked through DealsAway.com. DealsAway.com are not obligated to provide travel information in relation to border restrictions, or other travel restrictions or requirements imposed by various state, national and international governments from time to time. You must check all relevant travel advice prior to booking and travel.
Each party must (at its own expense, unless otherwise provided in these terms and conditions) promptly execute and deliver all such documents, and do all such things, as any other party may from time to time reasonably require for the purpose of giving full effect to the provisions of these terms and conditions.
These terms and conditions are made for the benefit of the parties to it and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
These terms and conditions must be read in conjunction with any other DealsAway.com policy available on our website and may be varied from time to time. These terms and conditions together with all DealsAway.com policies constitute the entire agreement between you and DealsAway.com as to the subject matter set out in them and supersedes any previous arrangement, understanding or agreement relating to its subject matter. There are no express or implied conditions, warranties, promises, representations or obligations, written or oral in relation to these terms and conditions other than those expressly stated in it or necessarily implied by statute.
If a provision of these terms and conditions is invalid or unenforceable in a jurisdiction:
It is to be read down and severed in that jurisdiction to the extent of the invalidity or unenforceability; and
That fact does not affect the validity or enforceability of that provision in another jurisdiction, or the remaining provisions.
Relationship of parties
These terms and conditions do not create any relationship of principal and agent, joint venture, partnership or fiduciary relationship between you and DealsAway.com.
No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under these terms and conditions will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under these terms and conditions.
Governing law & jurisdiction
These terms and conditions and any disputes or Claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or Claims) are governed by, and shall be construed in accordance with, the laws of Queensland, Australia.
The parties irrevocably agree that the courts of Queensland, Australia have exclusive jurisdiction to settle any dispute or Claim that arises out of, or in connection with, these terms and conditions or their subject matter or formation (including non-contractual disputes or Claims).
Valid as of: 27 June 2022