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Terms & Conditions
1. Pricing
1.1 All prices are in Australian Dollars.
1.2 Until paid in full by cleared funds and tickets or vouchers are issued, all prices are subject to availability and change without notice.
1.3 Taxes are compulsory in many countries and are generally included in the Service Cost. However, some airports charge a tax payable locally and that is not included in the Service Cost.
1.4 Taxes are subject to change without notice.
2. Deposit
2.1 You must pay to Openseas – Online Cruises a minimum of $100.00 per person per Booking for the Deposit.
2.2 Each Deposit is due and payable at the time of Booking/Confirmation.
2.3 All Deposits for Confirmed Bookings are non-refundable.
3. Payments
3.1 Full payment of the total cost of a Confirmed Booking (less any Deposit paid) is due on the due date as specified by a Openseas – Online Cruises consultant.
3.2 Failure to pay for a Confirmed Booking in full by the due date will result in cancellation of the Confirmed Booking, and forfeiture of the Deposit or Booking Fees paid or both.
3.3 Payments made by credit card incur a merchant fee of 2.0% for Visa & Mastercard and 3.0% for Diners Club Card for the total of the amount paid by the credit card.
3.4 Credit card payments may take up to 48 hours to process and confirm.
3.5 Bank/Personal cheques are accepted up to 7 days before a payment is due and cannot be accepted after 7 days.
3.6 A Booking will not be confirmed until the payment has been processed and is successful.
3.7 You must pay additional ticketing fees where paper tickets are required.
3.8 Re-issue. A charge of $250 per person is due for a re-issue of lost tickets, plus any other charges from suppliers.
4. Amendment and Fees
4.1 An Amendment Fee of $50.00 per Confirmed Booking is payable to Openseas – Online Cruises upon each and every Amendment.
4.2 In addition to the Amendment Fee, you agree to pay to Openseas – Online Cruises all fees charged by the Supplier for any Amendment.
4.3 Some Suppliers charge full cancellation fees of up to 100% of the total booking cost for passenger name changes (including typographical changes), date and itinerary changes and other changes.
4.4 Spelling corrections are charged at $25.00 per change after a booking has been confirmed.
4.5 Adding or removing a passenger to a confirmed booking attracts a charge of $50.00.
4.6 All documents sent by post must be registered and a fee of $20.00 is added to all accounts. This is not charged when documents are collected in person.
5. Cancellation Fees In Respect of Confirmed Bookings paid in full
5.1 A Cancellation Fee of 100% of the total cost of a Confirmed Booking is payable upon cancellation of a Confirmed Booking which has been paid in full.
5.2 No Cancellation Fees are payable where only a Deposit has been paid for a Confirmed Booking, however the Deposit will be forfeited in full.
5.3 Openseas – Online Cruises reserves the right to charge you a minimum Cancellation Fee of $350.00 per International flight Booking, $165.00 per Domestic flight Booking, $165.00 per accommodation Booking, $165.00 per car hire Booking, $350.00 per tour Booking and/or $250.00 per cruise Booking.
5.4 Different Cancellation Fees for Openseas – Online Cruises and Suppliers apply depending on the type of Confirmed Booking, the Supplier and any specific terms and conditions relating to the Booking.
5.5 As a guide only, Cancellation Fees generally increase the shorter the time between cancellation and the due date for supply of the service. It is your responsibility to determine for yourself the Cancellation Fee charged by each Supplier with whom you have a Confirmed Booking.
6. Refunds
6.1 Refunds may take up to 6 months to obtain from the Supplier.
6.2 Openseas – Online Cruises has no obligation to provide you with any refund until it has received the refund in cleared funds from the Supplier.
7. Travel Insurance
7.1 Travel insurance is highly recommended.
7.2 It is your responsibility to make sure you have appropriate travel insurance for the event or events the subject of your Booking.
7.3 It is your responsibility to ensure that you are aware of, and obtain, any required vaccinations, medications, health advice and documentation appropriate for the event or events the subject of your Booking.
8. Agent
8.1 Openseas – Online Cruises is a travel agent only.
8.2 All Bookings placed with Openseas – Online Cruises by you are placed with Openseas – Online Cruises as agent for each Supplier concerned.
8.3 Openseas – Online Cruises in accepting a Booking from you agrees only to make a contract between you and the Supplier or Suppliers for the requested Service or Services.
8.4 Each Confirmed Booking effected through Openseas – Online Cruises is subject to the terms and conditions and limitations of liability of the Supplier of the Service the subject of that Confirmed Booking.
8.5 You expressly acknowledge and agree that there is no joint venture, partnership or employment arrangement between Openseas – Online Cruises and any Supplier.
9. Your Responsibilities
9.1 Reward Programs and Frequent Flyer Program
i) It is your responsibility to register your Booking with any reward program or frequent flyer program to which you belong or wish to join for which benefits may be conferred by that program.
ii) Openseas – Online Cruises only agrees to pass on information supplied by you to the Supplier the subject of a Booking or associated provider and takes no responsibility whatsoever for the failure or refusal of the Supplier to confer any or all of the benefits conferrable for the Booking or the Supplier or associated provider failing to receive or register the Bookings.
9.2 Confirmation of Schedules, Dates and Times
i) Openseas – Online Cruises will not be responsible for any changes to flight times, dates, numbers or schedules, including but not limited to missed flights or missed connections, loss or additional accommodation or inconvenience. See clause 10 herein.
ii) In the case of a Service involving travel it is your responsibility to check with the Supplier direct at least 72 hours before each scheduled departure and re-confirm your Booking details, even where the Supplier expressly states this is not necessary.
iii) Openseas – Online Cruises has no obligation to advise you of any change to flight or departure times, dates, numbers or schedules.
9.3 Passports and Visas
i) It is solely your responsibility to ensure that you have a valid passport which upon your return journey will be valid for at least 6 months.
ii) It is solely your responsibility to obtain any necessary visa/s or entry permit/s for your destination/s or return journey or both.
iii) It is solely your responsibility to ensure that the name displayed on your ticket or travel vouchers is exactly the same as appears on your passport used to undertake the journey.
iv) Travel may be refused where the name on a passport varies from the name on tickets or travel vouchers and the booking may be cancelled.
9.4 Baggage
i) It is solely your responsibility to comply with baggage requirements and security procedures in relation to your journey and inform yourself as to those requirements and procedures.
9.5 Special Request
i) Openseas – Online Cruises will pass on to the Supplier special requests where advised.
ii) Openseas – Online Cruises does not guarantee that special requests will be honoured or agreed to by the Supplier concerned.
iii) Openseas – Online Cruises takes no responsibility for special requests which are not met.
9.6 Information
i) It is solely your responsibility to ensure that the contact details you provide to Openseas – Online Cruises are correct and current.
ii) Openseas – Online Cruises takes no responsibility for tickets which are not received or lost.
10. Openseas – Online Cruises’ Liability
10.1 Subject to clause 10.2, you agree that Openseas – Online Cruises is exempt from any liability of whatever nature, whether in contract, tort, statutory enactment or otherwise, in relation to any:
i) loss, including consequential loss;
ii) personal injury or death;
iii) damage, loss or theft of personal property of any kind;
iv) delay;
v) expense;
vi) inconvenience or distress;
vii) disappointed expectation;
viii) accident of any kind;
ix) incurred or experienced by you or any of your dependents or travel companions, arising out of any:
x) act;
xi) omission;
xii) default;
xiii) breach of duty imposed by the common law or by statute (including but not limited to negligence);
xiv) breach of any law of the place of commencement of the journey, destination or anywhere en route to or from the destination;
xv) breach of any contractual terms (whether express or implied);
xvi) force majeure or any other event which is beyond our control
by Openseas – Online Cruises, its servants or agents, or of any sub-contractor or supplier of any product or service promoted or offered by Openseas – Online Cruises.
10.2 Where liability is not excludable by reason of operation of law, such liability is limited to the value of the travel products or services purchased.
11. Choice of Law
11.1 You agree with Openseas – Online Cruises, in so far as any contractual relationship is created between Openseas – Online Cruises and you by you making a Booking with Openseas – Online Cruises or a Confirmed Booking with a Supplier through Openseas – Online Cruises, that the contractual relationship is subject exclusively to the laws of Western Australia.
12. Jurisdiction
12.1 You agree to submit to the jurisdiction of the courts or other dispute resolution tribunals of Western Australia for the determination of any dispute between Openseas – Online Cruises and you, including the making of any claim against Openseas – Online Cruises.
12.2 You acknowledge and agree that a court or tribunal in Western Australia having jurisdiction in respect of the dispute or claim is the appropriate court or tribunal and you waive any right to object to any action being commenced or continued in such a court or tribunal.
13. Entire Contract
These terms and conditions, and any of those of a Supplier that may apply to you, form the entire contract between Openseas – Online Cruises and you.
14. Definitions and Interpretations
14.1 In these terms and conditions the following words have the following meanings:
i) Amendment means any change to any terms of, or details on, a Confirmed Booking, including but not limited to passenger name changes (including typographical changes), date changes and itinerary changes.
ii) Amendment Fee means the sum payable to Openseas – Online Cruises for an Amendment.
iii) Booking means a request to Openseas – Online Cruises made on the Website or by telephone for the provision of a Service or Services by a Supplier or Suppliers.
iv) Booking Fee means the sum payable to Openseas – Online Cruises for a Confirmed Booking.
v) Cancellation Fee means the sums payable to Openseas – Online Cruises and the Supplier on the cancellation of a Confirmed Booking which has been paid in full, representative of the costs and loss to Openseas – Online Cruises and the Supplier by reason of the cancellation.
vi) Confirmed Booking means a Booking placed with Openseas – Online Cruises that has been accepted by a Supplier for the supply of the Service or Services the subject of the Booking.
vii) Deposit means the sum payable to Openseas – Online Cruises for the making of a Booking.
viii) Domestic means within Australia.
ix) Email Address means the email address for communication to Openseas – Online Cruises.
x) International means outside Australia.
xi) Openseas – Online Cruises means GTS Travel (ABN 69 009 242 148) trading as “Openseas”.
xii) Taxes means taxes, charges, imports, duties and fees charged by a government or government instrumentality.
xiii) Service means a travel or travel-related service shown to be available on the Website.
xiv) Service Cost means the sum charged by the Supplier for the Service.
xv) Supplier means the supplier of a Service the subject of a Booking.
xvi) Website means Openseas – Online Cruises’ website at www.openseas.com.au and www.onlinecruises.com.au.
14.2 Each request for travel services is a separate Booking. For example a request for a flight, accommodation and a tour for two people travelling together is comprised of three individual Bookings, being for one for flights for two people, one for accommodation for two people and one for a tour for two people.