Seatem Travel Pty Limited (trading as Keith Prowse Travel) A.B.N 31 003 276 775 (“The Company”, “We”,” Us”,”Our”) is an entity incorporated in Australia with its head office in North Sydney, New South Wales and as such the following terms and conditions shall be governed by and interpreted in conjunction with the laws of New South Wales and the parties agree to be bound to the jurisdiction of the courts of New South Wales.
1. Binding Contract
The issue of an invoice and receipt of the non-refundable deposit constitutes the contract with the parties to the contract being The Company and You. The Company agrees to contract with You (“Client”,”Your”,”You”) on the terms and conditions contained herein. These terms and conditions apply to on-line, over the phone via our consultants, e-mail or in-office bookings.
These terms and conditions take precedence over any terms and conditions issued prior or subsequently by You.
Please refer to the invoice for payment methods and the Fees and Charges section 4 for details on credit card surcharges.
The Total Invoiced Amount is payable as follows:
- A deposit of 50%, unless stated at the time of booking must be paid to the Company;
- Final balance must be paid to the Company 90 days prior to the Event or travel date whichever is earlier.
Please read the following section in conjunction with the Fees and Charges in section 4.
Clients request for change:Clients request for change: All requests for amendments/cancellations (“change”) will need to be made in writing to The Company detailing the change requested. The Company will endeavor to accommodate the Clients written request however, The Company reserves the right to refuse the change should it feel that The Company will incur a loss or additional costs.
Change request by Company: Should The Company be required to make alterations to the Itinerary, The Company will make reasonable efforts to adhere to the itinerary, but The Company may from time to time alter, omit or change the services for any reasonable cause.
If the altered itinerary or price is unreasonably changed the Client is entitled to cancel the order within 48 hours of receiving notification. The cancellation by the client must be in writing. In this event the Client shall be entitled to a full refund of the monies paid in respect of the Services or Event concerned provided that the client shall indemnify The Company for all obligations incurred by The Company on behalf of the client subject to any refunds which The Company may be able to obtain and provided that company shall be entitled to retain the deposit.
The cancellation or alteration of one or more Events or Services shall not entitle the client to cancel any other Event or Services.
The Company reserves the right to pass on any supplier’s price increases and/or significant foreign exchange fluctuation for Events or Services conducted internationally, to the Client.
In the event that The Company cancels the service or event due to any situations which are unusual and/or unforeseeable (e.g. any force majeure event, supplier bankruptcies) a full refund will not be made. However, The Company will make reasonable efforts to recover any compensation or refunds offered.
4. Fees and Charges
Where The Company has agreed to accept the written request for change or cancellation the following fees and charges are applicable. These charges are not intended to be punitive but are an estimate of the cost or loss that may be caused to The Company. The Company will endeavor to limit the client’s liability by trying to re-sell the services.
Administrative change fee: A change to the Booking will incur an administrative fee of $75, except where the change results in the increase in value of the booking.
Change Fee: The Company will calculate the additional cost to accommodate the change, including the administrative change fee and advise the Client accordingly.
Cancellation fee: All payments made by you are non-refundable.
Credit Card Surcharge: Payment made by Mastercard and Visa incur a credit card charge of 1.55%, payment made by AMEX incur a credit card charge of 2.07%
5. Clients Obligations
The Client and its guests promise to conduct themselves in a reasonable manner so as not to cause offence or injury to any other party. The Company reserves the right to refuse entry for the service outlined in their itinerary should The Company feel that the behavior of the Client is likely to cause offence or injury to another. Should the client or its guests cause damage or injury the Client shall be liable for any loss suffered by The Company. This obligation shall be without limit of time.
You agree to follow instructions given by The Company or its 3rd party suppliers and confirm that you are fit for travel or engagement in the service provided.
Travel Documents: It is Your responsibility to check all travel documents and obtain all documentation for your trip such as passports, visas, and certificates. The name/s supplied to The Company must be exactly what appears on the passports (including any middle name), passengers can be refused boarding at time of departure if names differ.
Travel Advice: It is Your responsibility to be aware of travel warnings and conditions in the destination countries, visit w ww.smarttraveller.gov.au and register your travel itinerary at w ww.orao.dfat.gov.au, which is a free e-mail service giving you regular updates. Travel insurance can also assist in recovering costs where events or services are cancelled.
Flights: It is Your responsibility to contact the airline prior to departure as airlines have the right to reschedule or cancel flights. For significant delays, it is Your responsibility to notify the 3rd parties example hotel, event, tour guide as no-shows or significant delays can result in involuntary cancellation. It is prudent to arrive to any significant event a day ahead, especially if travelling internationally.
Baggage allowance on flights differ from airline to airline, excess luggage can be expensive and is payable by You directly to the airline.
The recording of Frequent Flyer points, if applicable to your flight/s are your responsibility and should be quoted at the time of check-in.
The Company will make reasonable endeavors to ensure your seating preference, however it is at the sole discretion of the airline, We recommend confirming Your seating request directly with the airline at the time of check-in or by calling the airline directly.
Special request: We will make all reasonable efforts to accommodate special requests
However, where 3rd party suppliers are engaged We are unable to guarantee the request.
Ticket delivery: Within Australia tickets are generally sent to your nominated address approximately 1-2 weeks prior to the event. For some international tickets’ delivery may be made to your hotel or may be sent as an e-ticket to your nominated address. Please ensure that you have access to your e-mail while travelling.
i) The Company acts at all times as an agent for the Client, unless notified otherwise. In conducting The Company’s business, it sources events products and services on behalf of its clients from 3rd The Company will make all reasonable efforts and use its best endeavors to ensure the event products and services are suitable quality and are available and fit for purpose, however The Company provides no warranty as to their availability, fitness for purpose, quality or that they will be provided or take place.
ii) The Company has no control over the Events or Services and cannot be held liable for any omission by any person not employed directly by The Company. Where The Company has no control over the Events or Services it will not nor does it accept any lability for the actions or omissions of the organizers or operators of the Events or their servants, agents or employees.
iii) The Company assumes no responsibility for any claim, loss, damage, cost or expenses arising out of personal injury, accident or death, loss, damage, delay of baggage or other property, or delay, inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental resulting from the any of the following:
- Your failure to obtain the documentation required for your trip such as passports, visas, and certificates
- Your failure to follow instructions given by The Company or its 3rd party suppliers
- Unfit for travel or engagement in the service provided
iv) The Company makes arrangements with 3rd parties and whilst The Company makes every effort to conduct business with the most reputable suppliers, We are not responsible for their acts and omission or the acts or omissions of their respective employees, representatives or agents. Your legal rights in connection with the Event or Services are against the specific 3rdparty provider unless the problem is caused by fault on Our
If for any reason the 3rd party provider is unable to provide the Event or Service your rights are against that provider.
v) The Company’s liability will under no circumstances exceed the price paid for the Service or
vi) The Company reserves the right to the form of delivery of Event tickets and it will vary under the circumstances and the approximation of the date of the The delivery of the tickets can take place up until the day of the Event. The Client must demonstrate conclusively the identity of the person(s) receiving the tickets. Upon receiving the tickets, The Company is excluded from any liability or fraudulent use thereof.
7. Travel Insurance
It is prudent to ensure that You are adequately covered for travel, the Department of Foreign Affairs strongly recommend this cover for overseas travel. We recommend that a travel insurance policy is immediately made after booking to cover you against cancellation, medical and repatriation expenses, injury loss of baggage, money etc.
We are an authorized representative of Cover-More Insurance Services Pty Limited (ABN 95 003 114 145) (“Cover More”) and receive financial and non-financial benefits on policies purchased by our Clients. We and Cover-Moore are authorized to provide you with general advice about, and arrange, travel insurance products on behalf of the insurer, Zurich Australian Insurance Limited (ABN 13 000 296 640, AFSL 232507)
Advertised prices on The Company’s website and promotional material are in Australian Dollars, unless stated otherwise and can change without notice due to factors both outside the control of The Company or errors caused by The Company for example (but not limited to) foreign exchange changes, 3rd party price increases, printing errors, clerical errors and as such The Company reserves the right not to honor any published prices.
In the event of a price decrease We are not obliged to refund You to match any subsequent price reductions after purchase.
9. Group Tours/Events
Some tours/events require minimum numbers to participate. If minimum numbers are not reached The Company reserves the right to cancel and provide a full refund to the Client, similarly some tours/events have a maximum capacity, and should the capacity be exceeded, and we are unable to provide the Event or Service to You a full refund will be made to You.
10. Photos and Marketing
We reserve the right to use images, video footage or testimonials taken during the Event or Service for advertising and promotional purposes on a perpetual, royalty-free, worldwide, irrevocable license.
We welcome any complaints from our Clients as it gives us the opportunity to improve our services to you. Should you wish to make a complaint please refer to our Complaint Policy and Procedures on our website.
Updated 18 February 2020
Seatem Travel Pty Limited t/as Keith Prowse Travel (ABN 31 003 276 775)
Level 4 Bowman House
276 Edward Street
Brisbane City 4000 QLD
Tel: 1300 730 023