Terms and Conditions

Summary

1. References to “us”, “we” and/or “our” in these Booking & Advisory Services Terms
   and Conditions means Mainpath Pty Ltd trading as Travel Avenue and all associated
   companies.
2. We are a travel agent. We arrange travel services and sell a Travel Product on
   behalf of Third Party Travel Providers (Providers) including
   airlines, tour and cruise operators, car hirers and accommodation providers. We
   charge a service fee for providing this service.
3. Once we have booked a Travel Product on your behalf, your contract is then with the
   Provider of those services.
4. Your rights to amend or cancel your Travel Booking and the cost of doing so will be
   governed by the Provider’s terms and conditions. The Provider’s terms and conditions
   may be non-refundable or may have amendment and cancellation fees. It is important
   that you understand this when entering into a contract with us. These fees are in
   addition to amendment and cancellation fees charged by us, outlined in the Schedule
   of Professional Service Fees.

Agency

5. We provide you with Booking & Advisory Services that allow you to acquire Travel
   Products from a Provider. We act as agent for the Provider.
6. By acquiring Booking & Advisory Services from us, you agree that you have read
   and understood our terms and conditions and the terms and conditions of the
   Providers.

Fees and Commissions

7. We charge a fee for providing the Booking & Advisory Services to you. The fee is
   non-refundable, even if the Travel Product is not used.
8. All fees are outlined in the Schedule of Professional Service Fees.
9. We may receive a commission, fee, rebate, gift or financial incentives from
   Providers, in respect of your booking. Any commission, gift, fee, rebate and/or
   financial incentive received by us from Providers in relation to your booking is
   non-refundable in the event of cancellation.

Liability of Agency and Limitations of Liability

10. We are liable to you for providing Booking & Advisory Services in accordance
    with these terms and conditions.
11. Our travel Booking & Advisory Services come with guarantees under the Australian
    Consumer Law which cannot be excluded. These guarantees include that the services:
    1. will be provided with due care and skill;
    2. will be reasonably fit for the specified purpose;
    3. can reasonably be expected to achieve the desired result; and
    4. will be provided within a reasonable time.
12. If we do not meet any of the expectations set out in paragraph 11, you have rights
    under the Australian Consumer Law.
13. Subject to the Australian Consumer Law, we are not liable for any technical errors,
    corruption of any data, unauthorised access to your personal data, inaccuracies in
    information supplied by you or third parties, or failure to complete bookings when
    that failure is due to circumstances beyond our control.
14. Subject to the application of consumer guarantees which may be implied into the
    supply of Booking & Advisory Services to you, we are not otherwise liable to you
    or anyone else for any loss or damage which is suffered directly or indirectly in
    connection with the:
    1. the delivery or non-delivery of the Travel Product; or
    2. any act or omission of Providers or other third parties.
15. Apart from the rights you have under the Trade Practices Act that cannot be lawfully
    excluded, we shall not be liable for any inconvenience, delay, loss, death, injury
    or damage to you or your belongings or otherwise caused directly or indirectly by
    the acts, omissions or default, whether negligent or otherwise, of third party
    suppliers, force majeure or any other event which is beyond our control.
16. Nothing in these terms and conditions is intended to exclude or restrict the
    application of consumer guarantees under consumer protection law.

Liability of the Provider

17. Once you have acquired Booking & Advisory Services from us, the Provider will
    provide you with the Travel Product on the terms and conditions agreed between you
    and the Provider. You should obtain and read the Provider’s terms and conditions
    before acquiring Booking & Advisory Services from us.
18. The Provider is liable to you for a breach of obligations in providing you with the
    Travel Product.
19. As an agent of the Provider, we have no control over or liability for, the services
    provided by Providers. We cannot guarantee the performance of the Provider and we
    have no liability in respect of the supply of any Travel Products including any
    liability in contract, tort or otherwise, for any injury, damage, loss, delay,
    additional expense or inconvenience caused directly or indirectly by any provider of
    travel services or products by Providers. All bookings with us are subject to the
    terms and conditions and limitations of liability imposed by the Provider.

Booking Terms

20. The Travel Products offered are subject to availability and can be withdrawn without
    notice by the Provider. Travel Products may also change at any time in accordance
    with the Providers terms and conditions.
21. When making a booking, you must provide details of each traveller correctly. We have
    no responsibility for any loss or damage arising from the incorrect entry of a
    traveller’s details.
22. Travel Products obtained through the Booking & Advisory Services are not
    guaranteed until payment has been made in full and documents have been processed.
23. It is your responsibility to contact the Provider prior to departure to ensure there
    is no change to the scheduled departure time.
24. Most airlines offer only electronic confirmation of your reservation, or
    ‘e-ticketing’. We cannot be held responsible if your e-ticket does not arrive due to
    an incorrect email address or your junk email settings. You must notify us
    immediately if you change your email address or contact telephone number after
    making a booking. It is your responsibility to advise us if you have not received
    your e-ticket confirmation.
25. When making a booking you must advise your consultant of any medical, dietary or
    mobility conditions you may have.
26. When making a booking you must advise us if you are pregnant.

Payment Terms

27. All pricing is reflected in Australian Dollars unless otherwise specified.
28. All pricing is inclusive of goods and services tax (GST), or other such value added
    taxes where applicable.
29. Payments processed in foreign currency (currency other than the original card
    holders country of issue), may incur a currency conversion fee. Please refer to your
    financial institution for applicable fees.
30. We sell Travel Products in two different ways:
31. as merchant, where we take payment directly from you at the time of booking
    confirmation; or
32. as retail, where your Travel Product will either be paid to the Provider directly at
    the time of booking or payable to the Provider on the date of travel.
33. Travel Products purchased in accordance with the ‘retail’ method, will not be bound
    by these terms and conditions and you are responsible for pursuing any claims of
    cancellation, re-scheduling, refunds or chargebacks directly with the merchant.
34. As the merchant we are governed by the terms and conditions of the provider of the
    merchant facility.
35. A credit card or debit card fee may also be charged by certain Providers and low
    cost carriers. You will be notified of such charges prior to your purchase
36. All charges, including the credit card fees, may be in another currency (e.g. EUR),
    which we will provide an estimate for in Australian dollars.

Refunds and Credits

35. If you cancel your Travel Product, your right to a refund or credit is subject to
    the terms and conditions of the Provider.
36. If the Provider is required to provide you with a refund or credit for the Travel
    Product, we will liaise with the Provider to arrange that refund. Where you are
    entitled to a refund, we are unable to provide you with this refund until we receive
    it from the Provider. Please note that most Providers take 60 – 90 days to process
    any refund.
37. Any refund or credit will be subject to these terms and conditions and will not
    include the Booking & Service Advisory fee, credit card fees or any commissions
    received. You may also be charged a cancellation fee by the Provider.
38. Where refunds for unused services are allowed, a service fee may be charged by the
    Provider against the value of the refund.

No Show

39. If you have a booking for a Travel Product (including flights and accommodation) but
    you do not show up to check-in or otherwise do not avail yourself of such Travel
    Product, you will not be entitled to any refund from us.

Cancellation and Amendments

40. If you amend or cancel your Travel Product, we reserve the right to charge the
    cancellation and amendment fees as per the Schedule of Professional Service Fees.
41. The Provider may charge cancellation and amendment fees in accordance with the terms
    and conditions agreed between you and the Provider. These will be in addition to the
    fees charged by us. We are not liable for any cancellation fees or refusals to
    refund made by the Provider.
42. Many Providers treat name changes and route and/or itinerary alterations as a full
    cancellation and these can incur full cancellation charges.
43. We will not charge a cancellation or amendment fee if you cancel or amend your
    booking due to a breach by us of our obligations to you or due to our fault.

Cancellations and amendments for hotel bookings only

44. Please review the cancellation policy for your hotel booking for any penalties that
    may apply.

Force Majeure

45. We will not be liable for any failure or delay in performing our obligations in
    booking the Travel Product that is due to events beyond our control.
46. If a force majeure event occurs that affects your booking, your entitlement to a
    refund, a credit or re-scheduled travel booking will depend on the Provider’s terms
    and conditions.
47. If your booking is impacted by a force majeure event and you are entitled to a
    refund or credit from the Provider, we will facilitate this refund or credit.
48. The Booking & Service Advisory fee, credit card fees or any commissions received
    are non-refundable in the circumstance that a force majeure event occurs.

Additional Airline Charges

49. Some Providers may also charge additional fees. Please check with the Provider for
    their full terms and conditions.

Hotel/Accommodation Bookings

50. Some Providers will require an additional charge to be paid locally (e.g. a resort
    fee) at the time of check in or check out. This amount is in addition to the amount
    shown during the booking process under the ‘total booking cost’ amount.
51. There may be taxes levied abroad but not paid at the point of purchase that are
    payable in relation to your hotel booking (e.g. local taxes, sales tax etc.). Any
    local taxes will be payable by you directly to the Provider at the time of check
    in/check out.

Changes in Price and Itineraries

52. We reserve the right to cancel your booking in the event we have reasonable grounds
    to believe it is fraudulent.
53. If a Provider changes any part of your booking for reasons beyond its control, we
    will use our reasonable endeavours to notify you. If any such changes result in your
    Travel Product costing more or otherwise being materially different, then you may
    cancel the Travel Product. Any refund would be subject to the Travel Provider terms
    and conditions.
54. These terms and conditions are subject to variation at any time. Any variation will
    be displayed here, and you will be deemed to have accepted a variation if you have
    made a booking after it has been displayed.

Your Obligations and Warranties

55. You warrant to us that:
56. you are at least 18 years old and have the power, capacity and authority to enter
    into a binding contract with us and with the Providers of the Travel Products that
    you acquire;
57. you have read and understood these terms and conditions and if booking on behalf of
    third parties, you have conveyed these terms and conditions to them;
58. the information you provide us about yourself is true, accurate, current and
    complete (apart from any optional items) as required by any registration process;
59. you have considered acquiring comprehensive travel insurance and we are not
    responsible for any failure by you to acquire adequate insurance cover; and
60. you will use the Booking & Advisory Services in accordance with these terms and
    conditions and you will not use the Booking & Advisory Services in any way to
    breach any laws or defame anyone.

Jurisdiction and Law

56. All matters arising out of or in connection with the Booking & Advisory Services
    and these terms and conditions are governed by the laws of Victoria, By acquiring
    the Booking & Advisory Services, you consent and submit to the exclusive
    jurisdiction of the laws of Victoria, Australia.

Definitions

“We” and “us” means Mainpath Pty Ltd trading as Travel
Avenue and all associated companies. “You” or “your” means
any user of our Website or any person who acquires the Booking & Advisory Services,
including any person who acquires a Travel Product (whether or not the Booking &
Advisory Services were acquired by another person). “Booking & Advisory Services</strong >” means services provided by us to you in assisting you to acquire a Travel Product from a
Provider and includes advisory and consulting services.

“Force Majeure” means, but not limited to: acts of God, accident, riot,
war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any
other public health crisis, civil commotion, breakdown of communication facilities, natural
catastrophes, adverse weather conditions, governmental acts or omissions, changes in laws or
regulations, national strikes, fire, explosion and generalised lack of availability of raw
materials or energy. “Travel Provider” or
“Provider” or “Providers” means the company or person who
provides you with the Travel Product on terms and conditions agreed with you. “Travel Product</strong >” means the service or product provided by a Provider, for example, an airline or a hotel.
“Website” means our website www.travelavenue.com.au

Schedule of Professional Service Fees

The following schedule of fees apply to travel bookings & associated services made with
Travel Avenue, either “online” or “offline”. These Service Fees are charged per person in
addition to those charged by airlines, tour operators and other travel service providers.
All fees are inclusive of GST and non-refundable. All bookings made with Travel Avenue are
protected by our participation of Magellan Travel Group, AFTA Travel Accreditation Scheme
(ATAS) and the Australian Federations of Travel Agents (AFTA).

Service Fees

$55 Domestic/Trans-Tasman airfare only per person $55 Domestic/Trans-Tasman land
arrangements only per person $55 Domestic/Trans-Tasman frequent flyer reservation per person
$150 International airfare only per person $150 International land arrangements per person
$150 International frequent flyer reservation per person $55 Domestic or International rail
only arrangements $150 Late booking fee (travel within 14 days of enquiry)

Commitment Deposit

At the time of quoting, we ask a non-refundable $150 commitment deposit for the work put
into research and information. Please note this is not an additional fee to the overall
costing of your holiday and will come off the final balance.

Reservation Deposit

For all bookings, a payment of a deposit of $150 per passenger at time of booking. This
deposit is non-refundable. Please note additional deposits may be required as outlined by
booking provider.

Amendment Fee

Changes to International bookings and Domestic/Trans-Tasman bookings will incur a fee of $55
per passenger per booking in addition to Provider and any credit card fees.

Cancellation Fee

10% of the total balance of booking. Please see deta`ils below regarding cancellations due to
Covid-19.

Processing Fee

$55 per person for international visa processing – this applies to both traditional “in
passport” visas as well as online visa processing.

Paper Documentation Fee

$20 per documentation wallet. For more information, please see below. Due to the travel
restrictions that have been enforced by governments both in Australia and abroad due to
Covid-19, we have amended our cancellation fee accordingly- A 10% cancellation fee shall now
be held by Travel Avenue – Italia Mia, and shall be available funds to be used for future
travel. Credited amounts are valid for 3 years from the original date of cancelled holiday.
If you are unable to make use of the credit, you may nominate the value for use towards
another traveller (ie. Family member or friend).

Documentation

In an attempt to become more environmentally friendly, Travel Avenue – Italia Mia will now
distribute documentation via a user friendly mobile phone application. Documents are
available on the app, approximately 2 weeks before scheduled departure. Some tours, rail
tickets and cruises will require physical documentation, which shall be provided without a
fee. If you do require a hard copy of your e-documentation, please contact your consultant.