{"id":481,"date":"2026-03-26T10:16:28","date_gmt":"2026-03-26T10:16:28","guid":{"rendered":"https:\/\/desiretravelzone.com\/au\/?page_id=481"},"modified":"2026-03-26T10:17:11","modified_gmt":"2026-03-26T10:17:11","slug":"term-and-condition","status":"publish","type":"page","link":"https:\/\/desiretravelzone.com\/au\/term-and-condition\/","title":{"rendered":"Term And Condition"},"content":{"rendered":"\t\t
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In these Terms, when we say you <\/b>or your<\/b>, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us,<\/b> or our<\/b>, we mean Desire Travel Zone Pty Ltd <\/b>(ACN 693 463 393). We and you are each a Party<\/b> to these Terms, and together, the Parties<\/b>.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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  1. Engagement and Term<\/b>
    1. These Terms apply from the Commencement Date until the date that is the earlier of:<\/li><\/ol><\/li><\/ol>
      1. <\/b>the date set out in the Proposal;<\/li>
      2. <\/b>the date the Services are completed (as reasonably determined by us); or<\/li>
      3. <\/b>the date on which these Terms are terminated,<\/li><\/ol>

        (Term<\/b>)<\/p>

        1. Services<\/b>
          1. In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.<\/li>
          2. If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.<\/li>
          3. Nature of Services:<\/b> We act as principal in organising and conducting guided tours, cultural experiences, and related travel services using our own tour leaders. We act as agent when organising airline travel, accommodation, train journeys and other Third-Party Services in accordance with clause 5.<\/li>
          4. All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.<\/li>
          5. Notwithstanding clause 2.3, you agree that we may vary the Services or the Price at any time, by providing 30 days\u2019 written notice to you (Variation Notice Period<\/b>). If you do not agree to any amendment made to the Services or Price, you may, before the end of the Variation Notice Period, terminate these Terms by giving us 30 days\u2019 notice in writing, in which case, the proposed variation will not come into effect and clause 19.2 will apply.<\/li><\/ol><\/li>
          6. Membership and Account<\/b>
            1. To access your Booking details, you must create an Account on our Website.<\/li>
            2. By creating an Account, you agree that you will be subject to and will abide by these Terms and that you may receive correspondence and marketing information from us. You can unsubscribe from receiving marketing information at any time.<\/li>
            3. Your Account will include a dashboard where you can manage your Bookings, view invoices, Tour details and other relevant information.<\/li>
            4. You will be provided with a unique password to access your Account. You may change this password at any time and you agree that it is your responsibility to keep these login details secure. We will never ask you to share your login details. You agree that we will not be liable for any loss resulting from you sharing login details with a third party.<\/li><\/ol><\/li>
            5. Your Obligations<\/b>
              1. You agree to (and to the extent applicable, ensure that your Personnel agree to):<\/li><\/ol><\/li><\/ol>
                1. comply with these Terms, all applicable Laws, and our reasonable requests;<\/li>
                2. provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and<\/li>
                3. not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.<\/li><\/ol>
                    1. You must provide accurate and complete information when making a Booking. We will not be liable for any costs, fees or denial of service resulting from incorrect, inaccurate or incomplete information provided by you, including but not limited to incorrect names, passport details, dates of birth or spelling errors. If you provide incorrect or inaccurate information that results in fees from us or Third-Party Suppliers, you will be responsible for paying those fees.<\/li>
                    2. You must submit all required traveller details through the online Traveller Details Form within a reasonable timeframe as specified by us. Failure to provide these details may result in delays to your Booking confirmation, additional fees or cancellation of your Booking.<\/li>
                    3. You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause <\/b>4.<\/li><\/ol><\/li><\/ol>
                      1. Third-Party Services<\/b>
                        1. Agency Services:<\/b> When providing Services, we act as your agent to book Services with tour operators, airlines, hotels, train operators and other Third-Party Suppliers in the provision of certain Services. These services are ultimately fulfilled by the applicable Third-Party Supplier according to their terms and conditions in addition to these Terms. Should our terms and conditions conflict with those of the Third-Party Supplier, the Third-Party Supplier terms will apply to the extent of the conflict.<\/li>
                        2. The operation of Tours, Flights, Train Journeys and other Third-Party Services is entirely the responsibility of the relevant Third-Party Supplier and we will not be responsible for any loss resulting from your Booking of or participation in those Third-Party Services, except to the extent required by Law.<\/li>
                        3. You acknowledge that, as Agent, any payments made to us include payments for the Third-Party Supplier in return for their services as well as for us for the provision of the booking service.<\/li>
                        4. Flight Bookings:<\/b> Flights are arranged with Third-Party Supplier airlines according to their terms and conditions and fare rules. Flights may be booked at any time after your Booking is confirmed, at our discretion. Where no variations have been requested at the time of Booking, Flights may be booked with no further correspondence. Once Flights have been booked, any changes you make will incur fees from both us and the airline. We will not be liable for any costs resulting from schedule changes, delays or disruptions by the airline, or for any costs incurred in joining the Tour at a different location or for additional Accommodation. You are responsible for familiarising yourself with the airline’s terms and conditions, including luggage limits and conditions of carriage, and for regularly checking schedules prior to departure for any changes.<\/li>
                        5. Accommodation:<\/b> Accommodation listed in your Booking should be viewed as a guide only. Where specified Accommodation is not available, we will provide Accommodation of a similar standard. We will not be liable for any costs incurred as a result of a change in Accommodation. While all care is taken in selecting Accommodation of an appropriate standard, the day-to-day operations of the Accommodation provider remain beyond our control and any injury, illness or loss of enjoyment resulting from a fault on the part of the Accommodation provider will not be our responsibility. Accommodation check-in is subject to the timing stipulated by the Accommodation. Early check-in will not be provided where Flights arrive early and late check-out will not be provided where Flights depart late. Availability of early check-in or late check-out is at the discretion of the Accommodation and you are responsible for any additional costs. Requests for specific room types are subject to availability and cannot be guaranteed.<\/li>
                        6. Train Journeys:<\/b> Train Journeys are arranged with third-party train operators according to their terms and conditions. We will not be liable for any schedule changes, delays or disruptions by the train operator.<\/li><\/ol><\/li>
                        7. Booking Options<\/b>
                          1. You may book either a complete Package with us (including Flights, Accommodation, Activities and Transfers) or individual components such as Activities only.<\/li>
                          2. You may also arrange your own Flights and book only the land-based components of a Tour with us. Where you book individual components separately, each Booking will be treated as a separate arrangement subject to these Terms and the terms of the relevant Third-Party Supplier.<\/li>
                          3. While we seek to provide a seamless Booking experience, you agree that any Flight arrangement made with us is independent of any other travel component booked. While all reasonable effort will be made to ensure your travel operates without interruption, any Flight Booking will be viewed independently from any land, cruise or other Flight component. Flight Bookings may require different Payment Terms, which will be advised at the time of Booking. Where the Flight itinerary is chosen and confirmed by you, it remains your responsibility to ensure Flights are booked to meet the requirements of the travel Package. You agree that we are not liable for any loss or damage resulting from an interruption, change or cancellation of your Flight arrangements with regards to other travel components booked. Further, you agree that we are not liable for any loss or damage resulting from an interruption, change or cancellation of your Tour Package with regards to your Flight arrangements<\/li><\/ol><\/li>
                          4. Health, Fitness and Participation Requirements<\/b>
                            1. You must be in good health, free of infectious illness, and have a level of physical and mental fitness appropriate for the Activities included in your Booking. Our Tours may involve Activities such as hiking, rock climbing, boat rides and Train Journeys. Our Tours may involve long days, walking, climbing stairs, the carrying of luggage and extreme heat or cold. We recommend that you familiarise yourself with the Tour itinerary to ensure the suitability of the Tour to your abilities. Should there be any hesitations, we recommend you consult a doctor.<\/li>
                            2. At the time of Booking, you must disclose any disability or medical condition that may require assistance or affect your participation. We will make reasonable efforts to accommodate your requirements, however we cannot guarantee that all Third-Party Suppliers will comply with your request and we will not be held liable for any failure to accommodate your requirements or for any denial of service. Where a component of a Package, or the Package in its entirety, is not able to be provided as a result of a disability or medical condition, no refund will be available.<\/li>
                            3. If during a Tour it becomes apparent, in the reasonable judgement of our tour leaders or operators, that you are unable to cope with the Tour requirements, you may be asked to opt out of certain Activities or leave the Tour altogether at your own expense. No refund will be provided in these circumstances.<\/li>
                            4. We reserve the right to refuse any Booking or remove a passenger from a Tour for health and fitness related reasons and will not be liable for any resulting loss or additional costs.<\/li>
                            5. Minors<\/b>: Travellers under the age of 18 must be accompanied by a parent or guardian at all times. All Accommodation must be shared with an accompanying adult.<\/li>
                            6. Medical Assistance:<\/b> Medical professionals cannot be guaranteed to accompany any of our Tours and it is your responsibility to obtain any medical assistance required. We will not be liable for any costs incurred or for the quality of care provided.<\/li><\/ol><\/li>
                            7. Travel Requirements<\/b>
                              1. It is your responsibility to ensure you have a valid passport and any required visas for your intended destination. Your passport must be valid for at least six months beyond the date of travel. For certain countries, your passport must have been issued less than 10 years before the date you enter the country and be valid for at least 3 months after the day you leave. We are not in a position to provide advice on visa requirements and will not be held liable for any denial of service resulting from a failure to obtain a valid visa or passport. We will not provide refunds or cancellations if you do not have the required visas or passport.<\/li>
                              2. You must obtain comprehensive travel insurance prior to travel. Travel insurance is a requirement of Booking and must cover, at minimum, medical treatment, repatriation, loss of property and cancellation. We reserve the right to request a copy of your Travel Insurance as part of your Booking. We will not be liable for any loss that would have been covered by adequate travel insurance.<\/li>
                              3. It is your responsibility to be aware of conditions in your intended destination before and during your travel. We recommend you review the information published on www.smartraveller.gov.au and register your travel plans.<\/li>
                              4. Certification of your medical history, such as proof of vaccinations, may be required for entry to certain countries or to be eligible for certain services. It is your responsibility to familiarise yourself with these requirements and to ensure that you are compliant. We cannot be held liable for any losses resulting from denied service or unused Package components in the case of non-compliance. We cannot be held responsible for any changes in requirements between the date of Booking and the expected date of service. Any non-compliance may require you to cancel your Booking, which will be considered voluntary in nature and normal cancellation terms will apply.<\/li><\/ol><\/li>
                              5. Tours, Activities and Transfer<\/b>
                                1. Sri Lanka Tours: <\/b>Tours are operated by our registered company in Sri Lanka and conducted by our tour operators and guides. Tours may be conducted on a private basis or in groups of up to 15-20 people, and may include private coaches, tour guides, drivers and assistants.<\/li>
                                2. Where included in your Booking, Transfers will be provided between the airport and your Accommodation, and between your Accommodation and Activities. Transfers are included only where you have booked the relevant components with us. If you book a complete Package including Flights, Accommodation and Activities, we will provide full transportation including Transfers from the airport to the Accommodation and from the Accommodation to Activities. If you book Activities only, you are responsible for making your own way to the Activity location. Transfers cannot be redirected from an alternative source or to an alternative destination. Should a Transfer be missed for any reason, it is your responsibility to make your way to the necessary destination. No refund will be provided where a Transfer remains unused.<\/li>
                                3. Circumstances such as weather conditions, local events or other factors beyond our control may prevent us from operating a Tour exactly as advertised. We will use reasonable efforts to provide a satisfactory alternative. If changes represent a significant loss to the Tour, we will offer appropriate compensation. If you cancel because our alternative is inadequate, we will provide a full refund. However, if the weather is adverse or there is an event beyond our control, we will do our best to replace an Activity with another Activity or move it to another day, but no refund will be provided.<\/li>
                                4. The countries we provide our Tours in have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays may result in a reduction of facilities and entertainment. No refund will be provided in these circumstances.<\/li>
                                5. Any Activity undertaken during any free time whilst on Tour is at your discretion and we will not be responsible for any circumstances arising from those Activities. This includes shopping and we carry no liability for the quality or delivery of any items purchased and the use of any payment method is entirely at your own risk.<\/li>
                                6. You acknowledge that Activities may involve inherent risks. We will not be liable for any injury, illness or loss arising from your participation in Activities, except where such injury, illness or loss is caused by our negligence or breach of these Terms or where we cannot exclude liability under Law.<\/li><\/ol><\/li>
                                7. Price and Payment<\/b>
                                  1. In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms.<\/li>
                                  2. Unless otherwise specified in the Booking Confirmation:
                                    1. you may choose to pay either a Deposit or the full amount at the time of Booking;<\/li>
                                    2. where you pay a Deposit, the Deposit amount will be specified in the Booking Confirmation; and<\/li>
                                    3. where you pay a Deposit, the balance must be paid in accordance with the payment schedule set out in the Booking Confirmation or invoice.<\/li><\/ol><\/li>
                                    4. If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):<\/li><\/ol><\/li><\/ol>
                                      1. after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and\/or<\/li>
                                      2. <\/b>charge interest at a rate equal to the Reserve Bank of Australia\u2019s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.<\/li><\/ol>
                                          1. When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. \u201cGST\u201d has the meaning given in A New Tax System (Goods and Services Tax) Act 1999<\/i> (Cth).<\/li>
                                          2. Payments made to us may be subject to transaction fees, which include fees for credit card or other payment methods. The applicable fees will be disclosed when you make the payment.<\/li>
                                          3. You are responsible for making all payments, including any additional charges for optional Activities or changes to the Booking. If you have only paid a Deposit, you will need to make the final payment by the stipulated due date on your invoice, regardless of whether there are other travellers in your Booking or if you are making the purchase on behalf of someone else. If payment is not settled by the due date, your Booking may be immediately cancelled. In such a case, refunds or reinstatement of the Booking may not be available. If it is agreed to reinstate a Booking, fees may be applied.<\/li><\/ol><\/li><\/ol>
                                            1. Cancellations and Refunds<\/b>
                                              1. You may cancel your Booking within 7 days of making your first payment (Cooling-Off Period<\/b>) and receive a full refund, less any unrecoverable costs incurred by us from Third-Party Suppliers.<\/li>
                                              2. Cancellation by You:<\/b> If you cancel your Booking after the Cooling-Off Period, the following cancellation charges will apply:
                                                1. For Tours and Activities:
                                                  1. 180<\/span> days or more prior to departure: Deposit only<\/li>
                                                  2. Between 179 and 90<\/span> days prior to departure: 50% of the total Price<\/li>
                                                  3. 89 days or less prior to departure: 100% of the total Price<\/li><\/ol><\/li>
                                                  4. For Flights: Cancellation of Flights will be subject to the airline’s cancellation policy in addition to our cancellation fees. The airline may charge additional fees which may be substantial. Any refund will only be processed once we have received the refund from the airline, which may take several weeks. If a Flight or Flight segment is not used or is not used in ticket sequence, it can be construed by the airline as a ‘no-show’ and no refund will be available in these circumstances.<\/li><\/ol><\/li>
                                                  5. Changes to Bookings<\/b>: If you wish to make changes to your Booking (such as changing dates, Flights, Accommodation or Activities), the following fees will apply. For Tours and Activities:
                                                    1. 180<\/span> days or more prior to departure: no fee other than Third-Party Supplier fees<\/li>
                                                    2. Between 179<\/span> and 120<\/span> days prior to departure: $[199<\/span>] per person plus Third-Party Supplier fees<\/li>
                                                    3. 120 days or less prior to departure: changes not permitted<\/li>
                                                    4. For Flights: $[150]<\/span> per person plus airline fees. Note that airline fees can be substantial, even for minor name corrections. In some cases, an entirely new ticket may need to be issued.<\/li><\/ol><\/li>
                                                    5. Changes will be calculated against the availability and price at the time of the change being made, not the original date of purchase. Date changes can impact the seasonality of travel and may change the Price.<\/li>
                                                    6. After deducting any applicable fees and unrecoverable costs from Third-Party Suppliers, any remaining amounts will be refunded to the same method of payment. Refunds will only be processed once we have received any applicable refunds from Third-Party Suppliers, which may take several weeks or months and is beyond our control.<\/li>
                                                    7. Refunds will not be available in the following circumstances:
                                                      1. where there is a voluntary change of mind outside the Cooling-Off Period;<\/li>
                                                      2. where you have failed to read these Terms or the details of your Booking;<\/li>
                                                      3. if you fail to obtain the correct travel documents, including passports, visas or medical certificates;<\/li>
                                                      4. where your experience has not met your expectations;<\/li>
                                                      5. where you are dissatisfied with reasonable amendments to your itinerary;<\/li>
                                                      6. if you fail to check in for your Flight on time or arrive at a Tour starting point by the designated time (‘no-show’);<\/li>
                                                      7. where you have failed to obtain appropriate travel insurance;<\/li>
                                                      8. where you choose to cancel your Booking due to concerns about the travel destination but where your Booking is expected to proceed;<\/li>
                                                      9. where your travel is prevented due to a Force Majeure Event;<\/li>
                                                      10. where a service cannot be delivered due to reasons beyond our control;<\/li>
                                                      11. where your Booking is cancelled due to your conduct in breach of clause 12;<\/li>
                                                      12. where you are unable for any reason to travel due to illness or personal circumstances that would have been covered by travel insurance; or<\/li>
                                                      13. any other reason unless specifically mentioned within these Terms as being eligible for a refund.<\/li><\/ol><\/li>
                                                      14. Cancellation by Us:<\/b> We may cancel your Booking at any time if circumstances beyond our control prevent us from providing the Services. Where we cancel your Booking, we will provide a refund of all amounts paid less those amounts unrecoverable from Third-Party Suppliers. We will not be liable for any other loss resulting from a Booking being cancelled. This clause does not apply where a Booking is cancelled due to a Force Majeure Event, in which case clause 20.5 will apply.<\/li>
                                                      15. We endeavour to provide you with all the Services confirmed to you at the time of your Booking. However, we plan arrangements a long time in advance of your departure date using independent Third-Party Suppliers over whom we have no direct control. On occasions that changes do have to be made, we reserve the right to cancel or amend Bookings accordingly and will not be liable for any other expenses or loss incurred. This may include circumstances where your Booking cannot be confirmed by the Third-Party Supplier or is later cancelled by that Third-Party Supplier.<\/li><\/ol><\/li>
                                                      16. Conduct<\/b>
                                                        1. You must comply with all local laws and customs, and follow the reasonable directions of our tour leaders and representatives at all times.<\/li>
                                                        2. We are committed to providing a safe, inclusive and respectful environment for all travellers, tour leaders and local representatives. Racism, harassment, discrimination, intimidation, or any inappropriate, illegal or unsafe behaviour will not be tolerated. This applies before, during and after the Tour.<\/li>
                                                        3. If, in our reasonable opinion or the reasonable opinion of our tour leader, your behaviour is deemed unsafe, illegal, or opposes these guidelines or the operation of the Tour, we reserve the right to remove you from the Tour at any time. The decision is final.<\/li>
                                                        4. Any traveller removed from a Tour due to their behaviour will not be entitled to a refund and will be responsible for all additional costs incurred as a result of their removal.<\/li>
                                                        5. It is expected that you will be contactable via phone and email while you are travelling, where local service coverage is available. It may be necessary to contact you regarding important updates to your Booking or in the unlikely case of emergencies. Note that any service costs involved will be your responsibility.<\/li>
                                                        6. Special Requests:<\/b> Any special requests should be detailed in your Booking form and, while all reasonable efforts are made to satisfy your requests, we will not be liable for any injury, illness or loss of enjoyment resulting from a Third-Party Supplier’s failure to satisfy your request. All reasonable efforts will be taken to satisfy seating or cabin requests, however we will not be responsible for any changes made at the discretion of the Third-Party Supplier.<\/li>
                                                        7. Documentation:<\/b> The Booking Confirmation and itinerary will contain most of the information relevant to your Package and should be the first point of reference for any itinerary related queries. Specific Booking information will be provided approximately 14-30<\/span> days prior to travel, including Flight e-tickets and Accommodation details. Information may be provided earlier as it becomes available at our discretion or will alternatively be provided in the timeframe indicated. The distribution of documentation may be dependent on the Third-Party Suppliers operating your Booking and so unforeseen delays may be beyond our control. The non-delivery of documentation for any component, such as an airline e-ticket, should not be taken to indicate the level of fulfilment completed to date.<\/li>
                                                        8. All Bookings should be reviewed upon confirmation to ensure all details are correct and to communicate any errors as soon as possible.<\/li><\/ol><\/li>
                                                        9. Complaints<\/b>
                                                          1. All complaints should in the first instance be communicated to your tour manager or the relevant Third-Party Supplier as many issues can be resolved in a timely manner with proper communication. Failure to do so may result in any claim for compensation being reduced or denied.<\/li>
                                                          2. If you wish to contact us directly, please email [insert email] within 30 days from the completion of your Services. Communication after this time may result in any claim for compensation being reduced or denied<\/li><\/ol><\/li>
                                                          3. Intellectual Property <\/b>
                                                            1. As between the Parties:<\/li><\/ol><\/li><\/ol>
                                                              1. we own all Intellectual Property Rights in Our Materials;<\/li>
                                                              2. you own all Intellectual Property Rights in Your Materials; and<\/li>
                                                              3. nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.<\/li><\/ol>
                                                                  1. As between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights.<\/li>
                                                                  2. We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you and the New Materials, solely for your use and enjoyment of the Services, as contemplated by these Terms.<\/li>
                                                                  3. You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 <\/i>(Cth)) and non-transferable right and licence to use Your Materials that you provide to us solely for the purpose of performing of our obligations or exercising our rights under these Terms.<\/li>
                                                                  4. If you (if you are an individual) or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights.<\/li>
                                                                  5. This clause 14 will survive termination or expiry of these Terms.<\/li><\/ol><\/li><\/ol>
                                                                    1. Confidential Information<\/b>
                                                                      1. Subject to clause 15.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party\u2019s business and operations.<\/li>
                                                                      2. Clause 15.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 15.1.<\/li>
                                                                      3. This clause 15 will survive the termination of these Terms.<\/li><\/ol><\/li>
                                                                      4. Privacy<\/b>
                                                                        1. If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988<\/i> (Cth), and any other applicable Laws relating to privacy (Privacy Laws).<\/li>
                                                                        2. Without limiting this clause 16, you must ensure that:<\/li><\/ol><\/li><\/ol>
                                                                          1. <\/b>you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and<\/li>
                                                                          2. <\/b>we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.<\/li><\/ol>
                                                                              1. Without limiting this clause 16, you agree to only disclose Personal Information to us if:<\/li><\/ol><\/li><\/ol>
                                                                                1. <\/b>you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and<\/li>
                                                                                2. <\/b>you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.<\/li><\/ol>
                                                                                    1. We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with any applicable Laws.<\/li><\/ol><\/li><\/ol>
                                                                                      1. Australian Consumer Law <\/b>
                                                                                        1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights<\/b>). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.<\/li>
                                                                                        2. Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.<\/li>
                                                                                        3. This clause 17 will survive the termination or expiry of these Terms.<\/li><\/ol><\/li>
                                                                                        4. Liability<\/b>
                                                                                          1. Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:\u00a0<\/li><\/ol><\/li><\/ol>
                                                                                            1. neither Party will be liable for Consequential Loss;\u00a0<\/li>
                                                                                            2. a Party\u2019s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and<\/li>
                                                                                            3. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and<\/li>
                                                                                            4. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.\u00a0<\/li><\/ol>
                                                                                                1. Third-Party Services:<\/b> Our Services may comprise services provided by multiple independent Third-Party Suppliers who are not our agents or employees and whose day-to-day operations are beyond our control. While all care is taken in selecting those suppliers, we are not responsible for the provision of those services or for any resulting injury, illness or loss of enjoyment, except to the extent we cannot exclude liability under Law. By purchasing the Services, you acknowledge and assume the inherent risks associated with your chosen destination and Activities. It is your responsibility to familiarise yourself with the terms and conditions applicable to each Third-Party Supplier.<\/li>
                                                                                                2. We accept no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention or delay beyond our control.<\/li>
                                                                                                3. To the full extent permitted by Law, our liability arising under or in connection with these Terms excludes liability for any indirect or consequential losses suffered by you or any third party however caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage.<\/li>
                                                                                                4. This clause 18 will survive the termination or expiry of these Terms.<\/li><\/ol><\/li><\/ol>
                                                                                                  1. Termination<\/b>
                                                                                                    1. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party<\/b>) if:<\/li><\/ol><\/li><\/ol>
                                                                                                      1. the other Party (Defaulting Party<\/b>) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or<\/li>
                                                                                                      2. the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.<\/li><\/ol>
                                                                                                          1. Upon expiry or termination of these Terms:<\/li><\/ol><\/li><\/ol>
                                                                                                            1. we will immediately cease providing the Services;<\/li>
                                                                                                            2. without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;<\/li>
                                                                                                            3. you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;<\/li>
                                                                                                            4. by us pursuant to clause 19.1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and<\/li>
                                                                                                            5. we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 15.<\/li><\/ol>
                                                                                                                1. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.\u00a0<\/li>
                                                                                                                2. This clause 19 will survive the termination or expiry of these Terms.<\/li><\/ol><\/li><\/ol>
                                                                                                                  1. General <\/b>
                                                                                                                    1. Amendment:<\/b> Subject to clauses 2.3 and 2.4, these Terms may only be amended by written instrument executed by the Parties.<\/li>
                                                                                                                    2. Assignment:<\/b> Subject to clauses 20.3 and 20.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).<\/li>
                                                                                                                    3. Assignment of Debt:<\/b> You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.<\/li>
                                                                                                                    4. Disputes:<\/b>\u00a0 <\/span>A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute<\/b>) without first complying with this clause 20.4. A Party claiming that a Dispute has arisen must give written notice to the other Party specifying the nature of the Dispute (Dispute<\/b> Notice<\/b>). The Parties must meet (whether in person, by telephone or video conference) within 10 Business Days of service of the Dispute Notice to seek (in good faith) to resolve the Dispute.<\/li><\/ol><\/li><\/ol>

                                                                                                                      If the Parties do not resolve the Dispute within 20 Business Days of the date the Dispute Notice was served (or such further period as agreed in writing by the Parties), either Party may:<\/p>

                                                                                                                      1. <\/b>where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre, to be conducted in Brisbane, Queensland, in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation.<\/li>
                                                                                                                      2. <\/b>where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.<\/li><\/ol>

                                                                                                                        Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.<\/p>

                                                                                                                          1. Force Majeure:<\/b> Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:<\/li><\/ol><\/li><\/ol>
                                                                                                                            1. <\/b>as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and<\/li>
                                                                                                                            2. <\/b>uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.<\/li><\/ol>

                                                                                                                              Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party\u2019s obligation to pay any amount that is due and payable to the other Party under these Terms.<\/p>

                                                                                                                                1. Governing Law:<\/b> These Terms are governed by the laws of Queensland.\u00a0 <\/span>Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.\u00a0<\/li>
                                                                                                                                2. Notices:<\/b> Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. 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 transmission by email.<\/li>
                                                                                                                                3. Publicity:<\/b> Despite clause 15, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.<\/li>
                                                                                                                                4. Relationship of Parties:<\/b> These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.<\/li>
                                                                                                                                5. Subcontracting:<\/b> We may subcontract the provision of any part of the Services without your prior written consent.\u00a0 <\/span>We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.<\/li><\/ol><\/li><\/ol>
                                                                                                                                  1. Definitions <\/b><\/li><\/ol>

                                                                                                                                    In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Proposal, and:<\/p>

                                                                                                                                    Account <\/b>means the online account you create on our Website to access product details and make Bookings.<\/b><\/p>

                                                                                                                                    Accommodation <\/b>means hotels, resorts or other lodging arranged as part of the Services.<\/p>

                                                                                                                                    Activities <\/b>means tours, excursions, experiences and other activities arranged as part of the Services.<\/p>

                                                                                                                                    Australian Consumer Law <\/b>means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act <\/i>2010 <\/i>(Cth), as amended, from time to time.<\/p>

                                                                                                                                    Business Day<\/b> means a day on which banks are open for general banking business in Brisbane, Queensland, excluding Saturdays, Sundays and public holidays.<\/p>

                                                                                                                                    Commencement Date <\/b>means <\/b>the date that is the earlier of:<\/p>

                                                                                                                                    1. the date that you accept the Proposal;<\/li>
                                                                                                                                    2. the date that you ask us to begin supplying the Services; or<\/li>
                                                                                                                                    3. the date that you make part or full payment of the Price.<\/li><\/ol>

                                                                                                                                      Consequential Loss<\/b> includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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. <\/b>However, your obligation to pay us the Price and any other amounts payable under these Terms will not constitute \u201cConsequential Loss\u201d.<\/p>

                                                                                                                                      Consumer Law Rights <\/b>has the meaning given in clause 17.1.<\/p>

                                                                                                                                      Cooling-Off Period <\/b>has the meaning given in clause 11.1.<\/p>

                                                                                                                                      Deposit <\/b>means the initial payment required to secure a Booking, as specified in the Booking Confirmation.<\/p>

                                                                                                                                      Flights <\/b>means air travel arranged as part of the Services.<\/p>

                                                                                                                                      Force Majeure Event <\/b>means any event or circumstance which is beyond a Party\u2019s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.<\/p>

                                                                                                                                      Intellectual Property Rights<\/b> or Intellectual Property<\/b> means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.<\/p>

                                                                                                                                      Law <\/b>means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.<\/span><\/p>

                                                                                                                                      Liability <\/b>means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and\/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.<\/p>

                                                                                                                                      Moral Rights<\/b> has the meaning given in the Copyright Act 196<\/i>8 (Cth) and includes any similar rights in any jurisdiction in the world.<\/p>

                                                                                                                                      New Materials<\/b> means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.<\/p>

                                                                                                                                      Our Materials <\/b>means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.<\/p>

                                                                                                                                      Payment Terms<\/b> means the timings for payment of the Price and any other amounts payable under these Terms, as set out in the Proposal.<\/p>

                                                                                                                                      Package <\/b>means a combination of Services including Tours, Accommodation, Flights, Activities, Transfers and other travel services booked together.<\/p>

                                                                                                                                      Personal Information<\/b> means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.<\/p>

                                                                                                                                      Personnel <\/b>means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.<\/p>

                                                                                                                                      Price <\/b>means the price set out in the Proposal, as adjusted in accordance with these Terms.<\/p>

                                                                                                                                      Proposal<\/b> means the document to which these Terms are attached or incorporated.<\/p>

                                                                                                                                      Services <\/b>means the services set out in the Proposal, as adjusted in accordance with these Terms.<\/p>

                                                                                                                                      Terms<\/b> means these terms and conditions and any documents attached to, or referred to in, each of them.<\/p>

                                                                                                                                      Third-Party Supplier <\/b>means any independent supplier of services forming part of the Services, including but not limited to airlines, hotels, tour operators, train operators, activity providers and transfer providers.<\/p>

                                                                                                                                      Tour <\/b>means a guided tour or travel experience operated by us or our tour operators, including all activities, Accommodation, Transfers and other services included in the Tour itinerary.<\/p>

                                                                                                                                      Train Journeys <\/b>means train travel arranged as part of the Services.<\/p>

                                                                                                                                      Transfers <\/b>means ground transportation between locations, including but not limited to airport transfers and transfers between Accommodation and Activities.<\/p>

                                                                                                                                      Traveller Details <\/b>Form means the online form through which you provide your personal details, passport information and other information required to complete your Booking.<\/p>

                                                                                                                                      Website <\/b>means www.[insert website<\/span>].com.<\/p>

                                                                                                                                      Your Materials<\/b> means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to these Terms) and\/or developed by or on behalf of you or your Personnel independently of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                                                                                                      In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Desire Travel Zone Pty Ltd (ACN 693 463 393). We and you are each a Party to these Terms, and together, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-481","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/pages\/481","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/comments?post=481"}],"version-history":[{"count":0,"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/pages\/481\/revisions"}],"wp:attachment":[{"href":"https:\/\/desiretravelzone.com\/au\/wp-json\/wp\/v2\/media?parent=481"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}