GENERAL TERMS AND CONDITIONS

1. INTRODUCTION
   1. This web site is owned by Our Vacation Centre Pty Ltd ABN 54 105 176, a proud member of The Australian Federation of Travel Agents (AFTA).
   2. This website is facilitated by Our Vacation Centre and below are our Terms and Conditions under which the site can be used as well as our General Terms and Conditions for all transactions.
   3. Our Vacation Centre can be contacted at 58 Kingston Drive, Helensvale QLD   4212.  Tel 1300 180 420 or 
      +61 7 5501 0793.
   4. The Terms and Conditions contained within are to be read in conjunction with our Reservations Process and Conditions which can be viewed at https://ourvacationcentre.net/reservations-process-and-conditions or contact Our Vacation Centre.
   5. References to "us", "we" "our" “OVC” shall mean Our Vacation Centre Pty Ltd.
   6. References to “you”, “client”, “and passenger”,“ member” shall mean an authorised person dealing with Our Vacation Centre Pty Ltd.
   7. References to “supplier”, “wholesaler”, “provider” “booking channel”, booking facilitator” shall mean a supplier of travel related services such as but not limited to airlines, cruises, tours, rail, coach, accommodation, car rental, and hotels.
   8. When booking cruise, travel, accommodation or services with Our Vacation Centre you acknowledge and accept to abide by these terms and conditions and those applying to the cruise, travel, accommodation or service supplier with who you have contracted by that booking.
   9. These terms and conditions were last updated on 12/12/2019.

2. PRIVACY
   1. We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which can be viewed at https://ourvacationcentre.net/privacy.php
   2. Protection and Privacy.  We shall process any personal data you provide to us for the purpose of providing you with the products and services you have requested and in accordance with our Privacy Policy. We may also record or monitor telephone calls to and from us, without notification to customers, for staff training and quality control purposes.

3. WARRANTIES & REPRESENTATIONS
   1. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, Our Vacation Centre gives no warranties and makes no representations regarding the cruise, travel, accommodation or service provided by the supplier specifically; the usability, fitness of purpose, class, standard, rating or visual images of the cruise or travel, accommodation or service advertised and is not liable for any misleading or false information, misrepresentations, inaccuracies and errors as a result of incorrect information supplied to us by such parties.

4. LIMIT OF LIABILITY
   1. We do not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
   2. We will not be liable for damages of any kind related to your use of or inability to access this site. Access to this site, is not guaranteed and is subject to availability of communication links and access rights. As a user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site and you agree that access is undertaken at your own risk.
   3. By using this website you indemnify us of all liability for any claim, charge, demand, damage, liability, loss or expense of whatever nature whether arising directly or indirectly out of or in connection with the use of this site or any links provided by this site even if we knew or should have known they were possible, or they were otherwise foreseeable, including without limitation for consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of profit or income, loss of or damage to property and loss resulting from claims by third parties, damages incurred or suffered by reason of act or omission or incorrect information contained within these terms and conditions.
   4. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited;
      1. We will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with any products or services booked by us or displayed on the website or any linked website.
   5. Where our liability cannot be excluded, to the extent permitted by law, such liability is limited to either:
      1. Re-supply the service; or
      2. The cost of re-supplying the service; or
      3. Value of the booking made.
   6. We sell cruise, travel, accommodation or services from inventory supplied by each cruise, travel, accommodation or service provider and we cannot accept additional liability for unavailability caused by a supplier over-selling its own inventory.
   7. Without limitation, we will not be responsible if the cruise, travel, accommodation or service is not available due to inclement weather conditions, force majeure or other acts of God.
   8. We will not be responsible for any loss occasioned by any delay, expense, illness, injury, death, force majeure event, damage or shock associated with any occurrence whilst using the cruise, travel, accommodation or service, irrespective of its cause.
   9. All quotations and reservations are made in accordance with known schedules and availability from our cruise, travel, accommodation and service providers, and we will not be liable for any costs incurred due to any change in that schedule, availability or delays or resulting impact on changes to arrangements.
   10. 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 the law governing these Terms and Conditions.  
   11. 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. No other law will apply to these Terms and Conditions unless, the jurisdiction you accept these Terms and Conditions, requires it.

5. SALES AND SPECIALS
   1. In addition to these Terms and Conditions you are also bound by specific Terms & Conditions applicable to “specials” or “conditional sales of products and travel services” and these can be found on the promotional marketing e-mail, websites or on the booking confirmation and the voucher if supplied.
   2. Some bookings of specials and conditional sale products and travel services are non-refundable, non-exchangeable and cannot be cancelled or amended under ANY circumstances.
   3. Sales may not be offered in conjunction with any other offer or combined with any other form of discount or membership.

6. YOUR OBLIGATIONS AND RESPONSIBILITY
   1. When you make a booking with us, legal obligations arise and your right to a refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms and Conditions, and by the conditions of the particular supplier. You must not make any booking unless you understand and agree to all of our Terms and Conditions. Once payment is made for the booking, it is deemed that you have read and understood the Terms and Conditions for the booking. If you have any queries please contact us before making any booking for any product or service.
   2. You must be at least 18 years old to make a valid booking for any cruise, travel, accommodation or other product or service, and we reserve the right to decline any booking unless proof of identification is provided.
   3. On arrival at a cruise, travel, accommodation or service location you may be required to supply a credit card or cash bond for security purposes. Bond requirements are set by the cruise, travel, accommodation or service provider and may vary with each supplier as it is their discretion as to the amount required.
   4. Our Vacation Centre has several membership and reward programs and if you participate in any of these programs you will be issued with a user name and password so you can access details on the respective website. A condition of the program is that the user name and password is kept in a secure place and not available to the general public and you must warrant to us that you are the holder of the membership and the details used to access this site, or have the authority of the membership holder to use this site, and enter into a contract with us and our suppliers.

7. CUSTOMER SERVICE
   1. We pride ourselves on the level of customer service that we provide. If any issues arise we will always endeavour to settle any issues or complaints quickly and fairly.
   2. In the event that you have an issue regarding any of our products or services please contact our Customer Solutions Department on 1300 195 845 or email us enquiries@ourvacationcentre.com   

8. CAPACITY IN WHICH WE ACT
   1. In all instances we act as booking agents only. As booking agents we are contracted by various third party to sell and make reservations on their behalf.
   2. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make cruise, travel and accommodation bookings such as but not limited to airlines, coach, rail and cruise line operators on your behalf, and to arrange relevant contracts between you and our various service providers.
   3. We exercise care in the selection of reputable suppliers, but we are not ourselves a provider of cruise, travel and accommodation services and have no control over, or liability for, the services provided by third parties.
   4. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers.
   5. We can provide you with copies of the relevant service provider terms and conditions upon request though any terms that are critical to the booking, will be relayed to you during the quotation or booking process.
   6. Your legal rights in connection with the provision of cruise, travel and accommodation services are against the specific 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 cruise, travel and accommodation service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
   7. NO AGENCY RELATIONSHIP. We do not agree to act as your agent or fiduciary in providing services hereunder.

9. GOVERNING LAW
   1. Regardless of the customer’s nationality, these Terms and Conditions shall be governed exclusively by the laws of Queensland, Australia. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or vacationing with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against OVC or its associated entities, designees, or contractors must be submitted exclusively to the jurisdiction of the courts of Queensland, Australia. You and/or guests waive all rights to trial by jury. In the event a Member or Member’s guest initiates an action at law or in equity and the OVC is successful or partially successful in defending that action, that Member or Member’s guest shall pay all costs incurred by the OVC in defending such action, including all  solicitor’s and barrister’s fees, disbursements, paralegal fees and court costs.  In cases of conflict or inconsistency, where these Booking Terms and Conditions are translated into a language other than English, the English text shall prevail.

10. Force Majeure
    1. OVC does not assume any liability or responsibility, without limitation, for ANY damage, expense, inconvenience, loss, injury, death or damage to persons or property on any CRUISE line SHIP or RESORT or on any aircraft/ship in transit to and from THE CRUISE SHIP OR the RESORT, or for any cause whatsoever due to delays, cancellations due to nature, oil spills, mechanical breakdowns, strikes, civil unrest, actual, possible or threatened TERRORISM, force majeure event, or the consequences of either, acts of God and all similar events outside our control.

11. TRAVEL ADVICE
    1. Health
       1. 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 smarttraveller.gov.au) for Australian travellers and may be available from your country’s own Department of Foreign Affairs if you are a non-Australian traveller.
       2. It is your responsibility to ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of vaccination) may deny you entry into a country.

12. Checking your bookings
    • OVC will not take responsibility for an incorrect booking unless any discrepancies are advised to us within 48 hours from your booking confirmation. It is your responsibility to check all booking details are correct, and advise us if you do not receive a copy of your booking confirmation.
    • Should you fail to notify us of any errors we will deem the booking details correct and no refunds will be applicable thereafter.
13. TRAVEL, ACCOMMODATION & SERVICE DESCRIPTIONS
    1. The description of cruises, flights properties, holiday accommodation inventory and other services advertised on our website or advised by a reservation consultant is based solely on information provided to us by the suppliers or owners of such cruise, travel accommodation properties or service providers.
    2. We accept responsibility to present the information provided to us by our clients fairly and accurately. We do not accept responsibility for errors in description based on information provided to us by owners of such properties and service providers and do not guarantee the accuracy of any such information.
14. TRAVEL DOCUMENTS
    1. Travel documents are (without limitation) cruise tickets, airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) that confirm an arrangement with a service provider.
    2. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees.
    3. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder.
    4. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. First, middle names and surnames on the booking MUST be exactly the same as per your passport. If the spelling is different to your passport/photo identification - PLEASE ADVISE US IMMEDIATELY.
    5. In the case of an airline ticket requiring to be reissued due to a name correction, a fee will be incurred. In some cases you may have to pay more for your ticket if there are no seats available to rebook in the correct name. Any fees will be the responsibility of the passenger if we have not been informed of the correct name and spelling at the time of booking.
    6. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings.
    7. If you have booked online, you should print out and retain your travel documents as provided to you by the website (or in a follow up email we send you).
    8. You can also register your travel plans with DFAT if you are an Australian citizen, so that you may be more easily contacted in an emergency. If you are not an Australian traveller, we recommend that you contact your country’s own Department of Foreign Affairs. 
    9. You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation, as per section 11.1.
    10. All travellers must have a valid passport for international travel and many countries require at least six months validity from the date of return and some countries require a machine-readable passport.
    11. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Passport. If this is not the case, let us know prior to making your booking.
    12. It is important that you ensure that you have valid passports, visas and entry permits which meet the requirements of immigration and other government authorities in any countries visited.
    13. Please advise your consultant if you are not traveling on an Australian or New Zealand passport. You may require a returning resident visa if coming back to Australia. We also recommend that if you are a non-Australian traveller you ask your consultant what the requirements are for returning to the country of your departure.
    14. Non- Australian passport holders should contact their own government’s Embassy or Consulate for additional information on what requirements they must comply with to return their country of departure.
    15. Any previous criminal convictions or drink driving offences may require a visa application prior to departure
    16. 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).
15. We are only able to provide general passport and visa advice. For more specific advice relating to your own personal circumstances you can contact an external visa provider such as Toll Visas Direct (www.tollvisasdirect.com) directly however we do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
16. If you are travelling to the United States please see https://esta.cbp.dhs.govfor important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
16. PRICES, BOOKING FEES, DEPOSITS, PAYMENTS and CANCELLATIONS
    1. Prices
       1. All prices are subject to availability and can be withdrawn or varied without notice.
       2. Price changes may occur due to matters outside our control, such as currency fluctuations, fuel surcharges, taxes and airfare increases therefore contact your consultant for up-to-date prices and availability.
       3. Quoted price, availability and schedules are only valid at the time of the quotation and may change if the itinerary is booked later. You will be advised when receiving your quotation the period that is applicable for items contained within, and can only be confirmed at time of booking.
       4. Fuel surcharges are levied as per the rules of the individual cruise line or flight operator and may be applied at any time prior to departure. Additional terms and conditions imposed by the supplier may apply.
17. Booking Fees
    1. We may charge a booking fee which is calculated as a percentage of the total cost of the travel, accommodation or services we have booked for you or in some situations a flat administration fee will be applied. The amount will be advised at the time of quotation or booking.
    2. Our booking fee is inclusive of GST.
    3. Booking fees apply to all cruise, travel, accommodation and service reservations booked by us unless otherwise advised in writing. Current fees are listed in our Reservations Process and Conditions which can be viewed at https://ourvacationcentre.net/reservations-process-and-conditions.php.
    4. Our booking fee is earned and charged when your booking reservation is confirmed and non-refundable.
18. Deposits
    1. You are required to make a deposit in respect of your cruise, travel, accommodation and service cost at the time of booking your reservation.
    2. The amount of the deposit varies according to the requirements of each cruise, travel, accommodation and service provider with whom we make your reservation and the amount of the deposit will be advised to you by your reservation consultant or shown online, before your booking reservation is confirmed.
    3. Certain cruise, travel, accommodation and service providers require the full amount of the cruise, travel, accommodation or service cost to be paid at the time of booking. If this is the case your reservation consultant will advise you at the time of the quotation or booking, and in the case of online booking the full amount will be displayed as required at the time of booking.
    4. All cruise, travel, accommodation and service deposits paid are non-refundable (subject to your rights under the Australian Consumer Laws or the applicable law of the jurisdiction that you paid for your booking) but may be transferable on request depending on the circumstances of each booking. Contact one of our reservation consultants for details for assistance.
19. Payments
    1. All monies paid to us, with the exception of the booking fee, are received by us on behalf of the cruise, travel, accommodation or service provider with whom we are contracted and thereafter paid to them subject to our contractual marketing and reservation booking agreement with them.
    2. All monies paid by you to us will be and remain the property of OVC as a debt due and payable to the cruise, travel, accommodation or service provider with whom you are booked once the cruise, travel, accommodation or service to which the money relates have been provided (except for monies paid for flights with an IATA airline, which might be held on trust for that IATA airline).
    3. You agree and acknowledge that for monies not required to be held in trust that we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
    4. We shall process your payments either over the telephone, or online if you are making a booking through our website paying through our interface.
    5. We may store details of your payment method in accordance with our Privacy Policy (securely using SSL encryption), however we shall not take any payments from your credit or debit card unless we have your authority to do so and the appropriate authorisation.
    6. Please refer to our Reservation Process Terms & Conditions for pricing and payment information.
20. Credit Card Payment
    1. By providing your credit card details to Our Vacation Centre you irrevocably authorise us to process payments for;
       1. All amounts owing by you for the cost of your cruise, travel, accommodation or service booking against the credit card provided on the dates below:
       2. The booking or administration fee at the time of paying the deposit.
       3. The cruise, travel, accommodation or service deposit cost on the date on which you’re booking is confirmed.
       4. The balance of the payment for your cruise, travel, accommodation or service, after deducting your deposit payment, to meet the supplier’s payment terms. The payment date/s will be advised at time of quotation or booking by our consultant or displayed on the website for online bookings.
    2. Credit card surcharges are applicable and may vary from month to month.  In line with current applicable legislation we will work with our designated financial institution to ensure that we only ever pass on the average cost of acceptance which will be advised at time of booking and included within your receipts. For current surcharges, please click here https://ourvacationcentre.net/creditcardfees
21. Cancellations and Changes
    1. Cancelled bookings may also incur additional supplier fees, which can equal up to 100% of the cost of the booking, regardless of whether travel has commenced.
    2. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued.
    3. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee.
    4. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
    5. All government fees, port charges, surcharges and taxes are subject to change without notice until the final payment is made and documents have been issued.
22. GENERAL
    1. We advise you to review the supplier’s Terms and Conditions and any relevant Product Disclosure Statements or similar document provided to you, carefully before confirming your booking.
    2. We will not change any of our terms and conditions which apply to your booking after it has been made by us unless these changes are also agreed with by you.
    3. For future orders, our terms may change and we recommend you read them carefully and agree to them each time during the booking process.
    4. MODIFICATIONS OF THE TERMS AND CONDITIONS. These Terms and Conditions are subject to change without prior notice at the sole discretion of OVC.
23. INTELLECTUAL PROPERTY
    1. Web Site
       1. The site's presentation and each element, including the domain name, trademarks, logos, brand names, drawings, illustrations, photographs, texts, graphics and other files found on this site, are protected by the current intellectual property laws of Australia and internationally and belong to Our Vacation Centre Pty Ltd or alternatively SOR Technology LLC or have been authorised for the use of by ICE Vacations Asia Pacific Pty Ltd or SOR Technology LLC.
24. Submitting Pictures
    1. By submitting photos you acknowledge that you are the owner of the image and/or authorised to use this image in such way that the following paragraph sets out. You understand that the image will be viewed by the general public and may be used in future marketing or promotions by us. Consequently, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use. If you decide to delete the photo, you understand that removed content may persist in backup copies for a period of time.
25. Submitting Videos
    1. By submitting video you acknowledge that the video is being streamed via a third party such as You Tube, Facebook, Instagram or other social media platform, and that you are adhering to the terms and conditions outlined on their website. 
26. Submitting Travel Tips

By submitting travel tips you acknowledge that this information will be displayed on our website. You understand that the tip will be viewed by the general public and may be used in future marketing or promotions by us. Consequently, you grant us a free non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use. If you decide to delete the tip, you understand that removed content may persist in backup copies for a  period of time.