Please read the following Terms and Conditions carefully.
These Terms of Business constitute a legal agreement between you (you or the Customer) and Akash Travels Pty Ltd trading as “Cheers Travel Partners” (ABN 59 631 570 806) of 2/113 Swanport Road Murray Bridge SA 5253 Australia. (we/us or the Provider). Please read this agreement carefully because it governs the services received by us. If you are agreeing to this agreement as an individual or on behalf of a company, government, or other entity for which you are acting, then you mean the entity and you are binding the entity to this agreement. We may modify this agreement from time to time.
By clicking “I agree” (or similar button or checkbox) or by ordering through this website or through the Provider, you indicate that you agree to be bound by this agreement. If you do not agree to this agreement, do not make payment, or purchase any services with us.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these terms and conditions.
These terms and conditions do not grant you any other rights other than those expressly contained herein and your rights pursuant to law.
A The Customer agrees to engage the Provider to provide the Services to the Customer, and the Provider has agreed to provide the Services to the Customer on the terms of this agreement.
B The Customer must not engage the Provider unless they are 18 years of age or older.
C The Customer agrees and acknowledges that they and their Travellers are solely responsible for obtaining the appropriate travel insurance to cover their travel arrangements. Such insurance protection is recommended to include cover for cancellation, medical and repatriation expenses, personal injury, accident, death and loss of baggage and money, and personal liability insurance.
D The Customer understands that they are solely responsible for undertaking and carrying out the necessary or recommended health requirements and precautions relevant to their travel booking, including vaccination documentation. The Customer is responsible for consulting with their local doctor, travel medical service or specialist vaccination clinic before commencing such travel. General health advice for specific destinations is available through DFAT (see www.smartraveller.gov.au).
E The Customer understands and acknowledges that:
(a) The Provider’s obligation to the Customer is to (and the Customer expressly authorises the Provider to) provide booking and advisory services, including making travel bookings on the Customer’s behalf and arranging relevant contracts between the Customer and Travel Service Providers.
(b) The Provider exercises care in the selection of reputable Travel Service Providers, but it is not itself a provider of travel services and has no control over or liability for the services provided by third parties. All bookings are made on the Customer’s behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by those third-party Travel Service Providers.
(c) The Provider can provide the Customer with copies of the relevant Travel Service Provider’s terms and conditions on request. The Customer’s legal rights in connection with the provision of travel services are against the specific Travel Service Provider and are not against the Provider. If for any reason, any Travel Service Provider is unable to provide the services for which the Customer has contracted, the Customer’s rights are against that Travel Service Provider and not against the Provider.
(d) When booking or purchasing a travel service or product, the Provider is acting on behalf of the third-party supplier and/or Travel Service Provider to accept the Customer’s booking and payment.
(e) Each booking the Customer makes forms a contract between the Customer and the applicable Travel Service Provider and is subject to those terms, including conditions of carriage and limitations of liability, imposed by the Travel Service Provider.
(f) The Customer acknowledges and agrees that it will read the Travel Service Provider’s terms and conditions before the Provider finalises any such booking on the Customer’s behalf. The Provider can provide the Customer with copies of such terms and conditions on request.
1.1 The following definitions apply in this agreement unless the context requires otherwise:
Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in Adelaide, South Australia are open for business.
Charges means Fees and Expenses.
Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).
Customer means the party that will receive the Services as named in the Quote.
Customer Service means the Provider’s Customer Service offering which includes access to staff, either online, email or phone to confirm, amend or otherwise seek assistance with the Customer’s booking.
Control has the meaning given in Section 50AA of the Corporations Act.
Corporations Act means the Corporations Act 2001 (Cth).
Default Rate means a rate of interest of 10.00% per annum.
Engagement has the meaning given in clause 3.1, being each individual engagement for the Provider to provide specific Services to the Customer pursuant to a Quote.
Event of Default means any of the following on the part of the Customer:
(a) committing any material or persistent breach of this agreement;
(b) repudiating or, or, in the reasonable opinion of the Provider, evincing an intention to repudiate, this agreement.
(c) misleading the Provider in any material way; and/or
(d) an Insolvency Event occurring in respect of the Customer.
Expenses mean the expenses of the Provider for which the Provider is entitled to be reimbursed by the Customer pursuant to clause 4.11.
Fees has the meaning given in clause 4.1.
Fixed Price means, in respect of a particular Engagement, if, as specified in the relevant Quote.
Governmental Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity whether foreign, federal, state, territorial or local.
GST has the same meaning given to that expression in the GST Law.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as in force from time to time.
GST Law has the same meaning given to that expression in the GST Act.
Travellers means all individuals who the Customer has made a booking on behalf of, including the Customer.
Travel Service Provider means the travel-related services provided by a third party including, but not limited to, airlines, train operators, rental car agencies and hotels or accommodation.
1.2 The following rules of interpretation apply in this agreement unless the context requires otherwise:
(a) headings in this agreement are for convenience only and do not affect its interpretation or construction.
(b) no rule of construction applies to the disadvantage of a party because this agreement is prepared by (or on behalf of) that party.
(c) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning.
(d) a reference to a document (including this agreement) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced.
(e) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to this agreement.
(f) in each schedule to this agreement, a reference to a paragraph is a reference to a paragraph in that schedule;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any Governmental Agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;
(i) a reference to writing includes any communication sent by post, facsimile or email;
(j) a reference to time refers to time in Adelaide, South Australia and time is of the essence;
(k) all monetary amounts are in Australian currency;
(l) a reference to a “liability” includes a present, prospective, future or contingent liability.
(m) the word “month” means calendar month and the word “year” means 12 calendar months;
(n) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;
(o) a reference to a “party” is a reference to a party to this agreement and a reference to a “third party” is a reference to a person that is not a party to this agreement;
(p) a reference to any thing is a reference to the whole and each part of it;
(q) a reference to a group of persons is a reference to all of them collectively and to each of them individually;
(r) words in the singular include the plural and vice versa; and
(s) a reference to one gender includes a reference to the other genders.
2.1 The Customer hereby engages the Provider on a non-exclusive basis to provide the Services to the Customer, and the Provider hereby accepts that engagement and agrees to provide the Services to the Customer, in accordance with the terms of this agreement.
2.2 The Provider’s engagement with the Customer will:
(a) commence on the Start Date; and
3.1 In respect of each individual engagement for the Provider to provide Services to the Customer under this agreement (each an Engagement), the parties must first agree on a Quote. The Provider’s obligation to provide the Services that are the subject of each Engagement does not arise unless and until the Customer has notified the Provider of the Customer's acceptance of the relevant Quote.
3.2 The Provider’s Quote may vary subject to the Travel Service Provider’s fees.
4.1 Subject to clause 3.1, in respect of each Engagement, the parties have agreed that the total price for the relevant Services (exclusive of GST and Expenses, and including a Deposit) (the Fees) will be, if as designated in the relevant Quote:
(i) (Fixed Price) a Fixed Price applies – that Fixed Price payable in arrears upon completion of the Services to the reasonable satisfaction of the Customer; or
4.2 All prices are subject to availability and can be withdrawn or varied without notice. Such changes may by reason of matters outside the Provider’s control including, but not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
4.3 The Customer must ensure that it contacts the Provider for confirmation of the most up-to-date Fees.
4.4 The Fees are only guaranteed once the Customer’s booking has been paid for in full.
4.5 The Customer is required to pay a deposit or deposits to the Provider at the time of booking (‘Deposit’).
4.6 Subject to Australian Consumer Law, all Deposits are non-refundable for changes of mind or cancellations, or if the Travel Service Provider’s terms and conditions provide that such deposit is non-refundable.
4.7 Should the Deposit be refundable by a Travel Service Provider, return of the Customer’s Deposit is subject to the Provider receiving the Deposit from the Travel Service Provider and/or the Provider being authorised by the Travel Service Provider to refund the Deposit.Reimbursement of Expenses
4.8 The Customer will pay all reasonable expenses properly and necessarily incurred by the Provider in the course of providing the Services, provided that:
(a) the Provider:
(i) obtains the Customer’s written consent before incurring the expenses.
(ii) provides the Customer with acceptable documentation for the expenses incurred; and
(iii) complies with any applicable expenses policy of the Customer in force from time to time, provided that a copy of the policy has been provided to the Provider by the Customer prior to the relevant expense being incurred; and
(b) the Customer will not be required to reimburse the Provider for any amount of GST that the Provider has paid, or is liable to pay, in relation to any supply acquired by the Provider from any third party if the Provider has received, or is entitled to receive, an Input Tax Credit for that GST.
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking.
Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part).
Visas are obtained from the issuing authority in Australia, usually an embassy. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket, please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
We recommend before travelling that you check the Government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries.
Please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program ("ESTA"). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.If you are travelling to or transiting through Canada
Please see http://www.cic.gc.ca/english/visit/eta.asp for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals ("ETA"). Australian passport holders will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.
We provide a travel booking service that enables you to:
a) book or purchase travel related goods and services promoted on our website.
b) conduct flight and other travel related searches and reservations
c) access our Customer Service assistance service
d) use our payment processing, and ticketing services
e) When booking or purchasing a Travel Product we act on behalf of the Supplier to accept your Booking and payment. Each booking you make forms a contract between you and the applicable Supplier and is subject to the Product Terms, including conditions of carriage and limitations of liability, imposed by the Supplier. We recommend that you read the Product Terms before finalising your booking. We can provide you with copies of the relevant terms and conditions on request
f) When you make a flight Booking through Cheers Travel, we provide you with access to our global Customer Service offering. The Customer Service provided includes access to staff either online, by email or by phone to confirm your Booking, make any changes to your Booking or otherwise seek assistance with your Booking. The Customer Service provided by Cheers Travel is global in nature and can be accessed from anywhere around the world. There are charges applicable on these services as per the Terms and Conditions.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Your insurance protection should at least include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel.
We recommend that you contact the Department of Foreign Affairs and Trade ("DFAT") or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency. We strongly recommend that you familiarise yourself with the current status and updates to Australia's immigration and border arrangements during the COVID-19 outbreak, available at covid19.homeaffairs.gov.au. In addition, you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend you update yourself in relation to the relevant airline and government policies for your transit and destination at each of (i) the time of booking, (ii) as you approach your travel date, and (iii) immediately before travel. You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g., proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smartraveller.gov.au). Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
We receive remuneration through commissions, financial incentives, and other means (together, "financial arrangements") from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.
You will be required to pay a deposit or deposits when booking. We will advise you of how much that will be. Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you, or if the travel service provider's terms and conditions provide that your deposit is non-refundable. If your deposit is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit.
All bookings made through our Call centre incur a Service fee.
Domestic Bookings in Economy Class – All Domestic bookings have a service fee of $35 per person for all flights booked in addition to the consolidation fees of $25 per person (capped at $100 per booking).
Domestic Bookings in Premium Economy, Business and First Class – All Domestic bookings have a service fee of $99 per person for all flights booked in addition to the consolidation fees of $25 per person (capped at $300 per booking).
International Flights in Economy Class - All International bookings have a service fee of $175 per person for all flights booked in addition to the consolidation fees of $35 per person (capped at $1400 per booking).
International Flights in Premium Economy, Business and First Class - All International bookings have a service fee of $475 per person for all flights booked in addition to the consolidation fees of $35 per person (capped at $1900 per booking).
Subject to your refund and remedy rights under the Australian Consumer Law, any change and cancellation fees that will apply to your booking are set out in your quote, tax invoice and/or itinerary (as applicable) and as set out in sections 9 to 13 below: Payment of change or cancellation fees via credit card may attract the applicable credit card surcharge. All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider's terms and conditions contain a "no refund policy", we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the travel service provider processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider's change or cancellation policy.
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees and any change fees set out in your quote, tax invoice and/or itinerary (as applicable), and you may be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and any cancellation fees set out in your quote, tax invoice and/or itinerary (as applicable), and we will provide you with a refund for the remaining funds (if any). Alternatively, we or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or our applicable cancellation fees. If your deposit or booking is refundable, this is subject to us having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
Changes to Domestic bookings will incur a fee of $75 per person in addition to travel service provider fees and consolidation fees of $35.
Changes to International bookings (including Trans-Tasman bookings) will incur a fee of $150 per person in addition to travel service provider fees and consolidation fees of $35 per person (capped at $700 per booking).
Cancellations of Domestic bookings towards Refund or Credit will incur a fee of $75 per person (capped at $300 per booking) in addition to consolidation fees of $35 per person
Cancellations of International bookings towards Refund or Credit for travel in Economy Class (including Trans-Tasman bookings) will incur a fee of $175 per person (capped at $1000 per booking) for all flights booked in Economy Class in addition to travel service provider fees and consolidation fees of $35 per person.
Cancellations of International bookings towards Refund or Credit for all Business Class/ Premium Economy bookings (including Trans-Tasman bookings) will incur a fee of $375 per person in addition to the travel service provider fees and consolidation fees of $35 per person (capped at $1400 per booking) in addition to travel service provider fees.
The change and cancellation fees reflect the reasonable, direct, and indirect costs, time and effort incurred or involved in us providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, your booking or putting them towards credit for future use.
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 12 and 13 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available, or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider's change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or we will deduct any unrecoverable costs, and any applicable travel service provider fees and our applicable cancellation fees.
"Unrecoverable costs" means all reasonable, direct and indirect costs the travel service provider and/or we have incurred in relation to your booking, and includes amounts paid by us to other relevant travel service providers who are responsible for components of your booking, and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider's change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or us.
International Flights including Trans-Tasman: In case of any Waivers for Full Refunds due to any Changes or cancellation by the Airlines, our service fee of $175 per ticket plus consolidation fee of $25 per person applies on all international flights.
Domestic Flights: In case of any Waivers for Full Refunds due to any Changes or cancellation by the Airlines, our service fee of $125 per ticket plus consolidation fee of $25 per person applies on all domestic flights within Australia.
All tickets cannot be put towards Credit for Future Use. Tickets that are applicable towards credit for future use have restrictions attached to them.
Cheers Travel Service fee of $175 per person for putting the tickets towards Credit.
Below are the Terms and Conditions that apply towards the use of Credit for future use:
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Booking Terms and Conditions "unavoidable or extraordinary circumstances" means any cause outside a travel service provider's reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
If your booking is cancelled due to unavoidable or extraordinary circumstances, either the travel service provider will offer you a travel credit or we may, subject to any applicable hardship policy, offer you a travel credit for the full amount paid by you.
Any credit card surcharges as set out in your quote, tax invoice and/or itinerary (as applicable) will apply when paying by credit card or debit card.
You authorise us to charge all fees incurred by you in relation to the services provided by us to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
(ii) authorise your credit card issuer, payment provider or financial institution to verify that your payment credentials (for example, your credit card and identification details) you have provided to Cheers Travel are accurate; and
(iii) consent to Cheers Travel supplying your billing, payment, and identification information (including personal information) to those Suppliers and/or hotels who will supply the Travel Products in your Booking to you.
(b) Before Cheers Travel proceeds to process any Booking on your behalf or issues your travel documentation, various checks are taking place to validate the integrity of your payment credentials, including any credit card or account information and in certain circumstances you will be required to submit verification documentation to substantiate identity. This process is intended to reduce the potential risk for fraud and disruption to passengers upon check in.
(c) If your credit card or other payment option is not approved Cheers Travel may attempt to contact you. Where Cheers Travel cannot contact you and the ticket issuance period lapses (thereby making the Booking invalid), Cheers Travel will have no choice but to cancel the booked arrangements. Under these circumstances Cheers Travel accepts no responsibility for any re-Booking costs unless the loss was caused directly and primarily by fault on our part.
(d) Cheers Travel reserves the right to decline Bookings where in its reasonable opinion it is appropriate to do so. Any automatic Booking confirmations are conditional on Cheers Travel's acceptance of any financial risks, potential ticket despatch delays, or other regulations that may apply.
(e) If payment is not received for your confirmed Booking for any reason, you agree to pay Cheers Travel all amounts due on demand.
Our booking and advisory services come with guarantees under the Australian Consumer Law that:
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
We act as an agent for and sell various travel related products as agent on behalf ofairlines. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. We do not act as an agent for, and are not authorised to enter into any agreement with you on behalf of Akash Travels Ptly Ltd trading as Cheers Travel Partners.
Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, 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 over whom we have no direct control, force majeure, supplier insolvency or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. 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 Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
Without limiting section 22, for the avoidance of doubt, in the event of a third party provider being unable to provide you with the product or service you have booked due to that third party provider becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law, we have no obligation to reimburse you for the cost of your booking, or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.
Please liaise with us regarding any special requirements you may have for your travel arrangements such as special meal and seating requests and must be advised to us at least 96 hours before departure. All requests are subject to the airline’s approval.
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes, and airfare increases. Please contact us for up-to-date prices.
Flexible Ticket: Flexible Ticket allows you to change date/or time of your flights under the terms set out in the section below.
Flexible Ticket is a service offered by Cheers Travel partners and not by any airlines. You cannot make use of our Flexible Ticket service by contacting the airline directly.
All rebooking requests must be made through our contact centre at 08 - 70992292 or emailing us minimum 48 hours before the flight departure.
If purchased during the booking procedure, the Flexible Ticket allows you to change date and/or time of your flight booking under the terms set out in this section, without paying the airline’s change fee, only the fare and tax difference plus the Cheers Travel Service fees of $175 per person applies.
When providing our Flexible Ticket service, we only mediate the transport contract between You and the relevant airline. As the Flexible Ticket is our own service (i.e., You cannot make use of our Flexible Ticket service by contacting the airline directly) all rebooking requests making use of the Flexible Ticket service must be made via our customer service.
The Flexible Ticket allows flights to be rebooked under the following conditions:
Please be advised that a booking fees of $75 per person applies for any booking made over the Phone through our contact centre plus the Service fees as per the conditions of International or domestic travel applicable in the Terms and Conditions and listed above. This fee reflects the reasonable, direct, and indirect costs,time and effort incurred by our travel Consultants on booking the new flights for the travellers.
All Domestic Flights have a booking fee of $35 on all One-way Flights and $49 on all Return flights.
All requests towards Refunds and Credit shall have a Service fee as mentioned under Clause 11 of Change or Cancellation by you:
You have rights under the Australian consumer guarantees that can't be taken away by terms and conditions. Nothing in these Terms and Conditions affects your rights under the Australian Consumer Laws. The rights described in these Terms and Conditions and the relevant Supplier's Terms and Conditions are in addition to your consumer guarantee rights.
Except as required under the Australian Consumer Laws, your right to a refund of a travel product booked on the website or through our Contact Centre is governed by the terms and conditions of this Website. You should read the refund policy carefully. Many travel products are non-refundable and Supplier charges or cancellation fees may apply to your particular travel product.
Subject to your rights under Australian Consumer Law, upon acceptance of a Travel Credit, you release Akash Travels Pty Ltd, trading as Cheers Travel Partners from any and all claims and liabilities, without limitation, relating to your travel booking, your inability to complete the travel booking, and/or any refund or compensation you might be entitled to in relation to cancelling your travel booking.
Cheers Travel Partners will only be liable to provide a refund to you of a payment for a Travel Product to the extent that it actually receives a refund from the relevant Supplier. Where refunds are due to you from a Supplier, Cheers Travel Partners will provide reasonable assistance to you in claiming any refunds from that Supplier. In that situation, Cheers Travel Partners is authorised (but not obliged) to seek such refunds from the Supplier directly and on its own behalf.
Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund is beyond the control of Cheers Travel Partners. Cheers Travel Partners will act diligently to pursue your claim for a refund from a Supplier and promptly remit any refund received from a Supplier in a timely manner once it has been cleared by our bank.
Refund to any overseas Bank shall incur a fee of $75. The conversion rate is not guaranteed and is subject to the Bank.
Refunds shall be processed in the same form of payment as received.
We reserve the right to amend your Booking in consultation with you where an error or omission was made in relation to the Travel Product or services purchased and.
Errors and omissions on our Website are corrected upon learning of the error or omission. If there are any errors we would notify you within 2 hours of making the reservation and offer you a Full Refund for the price of the Travel Product.
Please let us know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty program will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.
We recommend that you contact the travel service provider to confirm your scheduled departure time 24 hours prior to your departure.
For all schedule Changes due to the airlines or any unforeseen circumstances, Cheers Travel Partners will charge a fee of $75 per booking.
We reserve the right to modify any of these Booking Terms and Conditions at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking.
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia and waive any right that you may have to object to an action being brought in those courts. These terms are governed by the laws in South Australia.
These terms were last updated on 15 Dec 2020.