Experience the extraordinary

Booking Terms & Conditions (2023/01)


These terms and conditions (Terms) set out the terms under which you or the company which you represent (the Client or you) make travel bookings with and receive other services from Take Off Go Pty Ltd (ABN 15 634 608 567) (Take Off Go, we, us or our). These Terms apply to bookings your make with us on the phone, via email or on our website located at https://www.takeoffgo.com/ (Website).

These terms were last updated on January 17, 2023.

1. THESE TERMS, BOOKINGS

1.1 THESE TERMS

  1. These terms will apply to all the Client's dealings with Take Off Go, including being incorporated in all agreements, quotations or orders under which Take Off Go is to provide services to the Client including booking travel services on the Client's behalf (each a "Booking") together with any additional terms included in such Booking (provided such additional terms are recorded in writing).
  2. You will be taken to have accepted these Terms if you:
    1. click a tick-box indicating that you agree to them;
    2. submit a Booking after receiving or becoming aware of these Terms; or
    3. otherwise indicate your agreement to the Terms.
  3. These Terms will apply to all Bookings together with any additional terms included in such a Booking (provided such additional terms are recorded in writing).
  4. In the event of any inconsistency between these Terms and any Booking, these Terms will prevail to the extent of such inconsistency.

2. ELIGIBILITY & RESPONSIBILITY

  1. By making a Booking you represent and confirm that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
  2. If you are making a Booking on behalf of another individual, company or organisation you warrant that you have the necessary authority from that individual, company or organisation to do so.
  3. If you are making a Booking on behalf of a group of travellers, you agree and acknowledge that:
    1. you are personally responsible for all Fees (defined in clause 4.1) payable for a Booking;
    2. you are responsible for ensuring that all travellers within your group complete a collection form for the purpose of providing us with all the necessary details to complete your Booking (Collection Form) within 7 days of making the Booking; and
    3. if we are not provided with the information requested in the Collection Form (or any other information reasonable requested by us) within 7 days, we may not be able to complete your Booking and additional Fees may be payable by you.

3. AGENCY AND THIRD-PARTY TERMS

3.1. AGENCY

  1. Take Off Go sell various travel related products as agent for and on behalf of third-party transport, accommodation, tour and other service providers (Travel Service Providers). The goods and services provided by Travel Service Providers include but are not limited to transport by airlines, bus, rail, or boats, accommodation in hotels, camps or other lodging and activity or tours (Activities).
  2. The services we provide to you are collateral to our agency relationship with Travel Service Providers. Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange relevant contracts between you and Travel Service Providers.
  3. Take Off Go accepts no responsibility for the acts or omission of any Travel Service Provider and expressly excludes liability for any loss or damage sustained by you or any other party in connection with any Activities or the provision of goods or services a Travel Service Provider.

3.2. THIRD PARTY TERMS

  1. You acknowledge and agree that we do not provide travel services ourselves and that the terms and conditions of Travel Service Providers (including cancellation and no-refund policies) (Travel Service Provider Terms) will apply to all Bookings you make through us.
  2. You acknowledge that Travel Service Providers may change or withdraw their prices without notice prior to you purchasing the relevant goods and/or services from them.
  3. We will not be liable for any loss or damage suffered by you in connection with any Travel Service Provider Terms, including where any information provided by a Travel Service Provider is incomplete or inaccurate. If, for any reason (excluding fault on our part), any Travel Service Provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
  4. You acknowledge and agree that if you wish to cancel a Booking, additional change and cancellation fees charged by the relevant Travel Service Provider may also apply (in addition to any cancellation fees charged by Take Off Go). You agree to indemnify Take Off Go in relation to any Travel Service Provider fees that may arise in connection with you changing or cancelling a Booking with a Travel Service Provider, except to the extent any such fees arose because of a breach by us of these Terms.
  5. You must take all reasonable steps to seek out and familiarise yourself with any Travel Service Provider Terms that are applicable to your Booking. We will take all reasonable steps to provide you with copies of, or URL links to, any Travel Service Provider Terms that will apply to you.

4. FEES, PAYMENTS AND TAXES

4.1. FEES

  1. You must pay to Take Off Go fees in the amounts and at the times set out in the Booking comprising Take Off Go's service fees for providing the travel booking services (Take Off Go Fees) and fees charged by the Travel Service Providers (TSP Fees) for the Activities and travel services to be provided in connection with a Booking (together, the "Fees").
  2. You acknowledge and agree that, unless you comply with clause 4.1(a) you may lose your Booking, including any deposits already paid, and/or your Booking may be subject to price increases and additional costs.
  3. You acknowledge and agree that all Bookings are not confirmed, until we have explicitly sent you a written confirmation and until you have made the payments specified in your Booking.

4.2. DEPOSITS

  1. Each Booking will contain:
    1. a "Departure Date", being your date of departure or the date you first receive a service from a Travel Service Provider under the relevant Booking; and
    2. a "Booking Date", being the date you make a Booking with us.
  2. Unless otherwise specified on our Website or in a Booking:
    1. for a Booking where the Departure Date is more than 90 days after the Booking Date, you must pay:
      1. 30% of the Fees within three (3) business days of the Booking Date (as a deposit); and
      2. 70% of the Fees on or before the date 90 days before the Departure Date.
    2. for a Booking where the Departure Date is less than 90 days after the Booking Date, you must pay 100% of the Fee within three (3) business days of the Booking Date.
  3. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Client has under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL)).

4.3. OTHER EXPENSES

The Client will be responsible for paying all relevant expenses that Take Off Go incurs in connection with providing the services under these Terms (Expenses), and none of these Expenses are included in the Take Off Go Fees, unless they are specifically set out in the Booking.

4.4. INVOICES

Unless otherwise agreed:

  1. if Take Off Go issues an invoice to you, payment must be made by the time(s) specified on such invoice; and
  2. in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.

4.5. PAYMENT METHOD

You can pay the Fees via a credit card, direct debit, Electronic Funds Transfer or any other payment method by which Take Off Go accepts payment.

4.6. CARD SURCHARGES

We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express).

4.7. ONLINE PAYMENT PARTNER

We may use a third-party payment provider, currently Stripe, (Payment Provider) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

4.8. GST

Unless otherwise indicated, amounts stated in a Booking are exclusive of all taxes, including GST.

4.9. OTHER TAXES

  1. Local travel and airport taxes and charges may apply in various overseas countries.
  2. Unless specifically included in a Booking, these taxes are not included as part of the Fees.
  3. Taxes and duties can change without notice to you and may need to be paid in local currency at the time of departure or arrival.

4.10. FREQUENT FLYER POINTS

It is your responsibility to check with the relevant Travel Service Provider about whether your Booking with Take Off Go and any specific Activities qualify you for any points under any frequent flyer program or other loyalty programs. We cannot guarantee that the Travel Service Provider will credit you with points for your Booking. Please retain all boarding passes to allow verification of your travel, if required.

5. CLIENT OBLIGATIONS

5.1. TRAVEL INFORMATION

  1. Prior to making a Booking, we strongly encourage you to contact the Department of Foreign Affairs and Trade (DFAT) and the equivalent local government department in your destination to obtain information and advice about the destination you intend to travel to and make an assessment of the suitability of such a destination.
  2. If you have booked a flight as part of your Booking, we recommend that you contact the relevant airline company 24 hours prior to your schedule departure time to confirm that your flight details have not changed since the time of Booking.
  3. You must tell us on or prior to Booking, if you have any special travel requirements, such as dietary preferences or seating requests.

5.2. PASSPORT AND VISA

  1. You acknowledge and agree that all travellers in connection with a Booking must have a valid passport, and if applicable, a valid visa, or other travel permit, for international travel.
  2. You acknowledge and agree that:
    1. it is solely your responsibility to ensure that you have (and each other traveller has) a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to;
    2. you will advise us at the time of making your Booking, if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to;
    3. any information we provide to you regarding passport and/or visa requirements are of general nature only and should not be relied upon you as professional advice; and
    4. Take Off Go will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.

5.3. INSURANCE

  1. You acknowledge that travel insurance is a mandatory element of some travel arrangements and it is solely your responsibility to obtain insurance that will cover you and all travellers in connection with a Booking. Unless explicitly stated otherwise, travel insurance is not included as part of your Booking.
  2. We strongly encourage you to take out adequate travel insurance to cover you in all of the regions you will visit, and any Activities you will participate in, and any cancellations, medical and repatriation expenses, personal injury and accident, contracting any illness (including COVID-19), death and loss of personal baggage and money and personal liability and may request that you provide evidence of obtaining such insurance before completing a Booking.
  3. We may provide you with travel insurance quotes from third party insurance providers (Insurance Companies). In such cases:
    1. we may receive financial and non-financial benefits from the Insurance Companies, if you purchase their products through us;
    2. any information we provide about the Insurance Companies' products is of general nature only and should not be relied on you as personal insurance advice or other professional advice;
    3. we will not be a party to any contract between you and an Insurance Companies and your remedies in relation to any insurance products you purchase from an Insurance Companies, will be against the Insurance Companies and not us; and
    4. you must read any applicable Product Disclosure Statements and Financial Service Guides provided by the Insurance Companies in relation to their products prior to purchasing such products.
  4. If you do not obtain insurance through us and you request assistance from us in relation to such insurance, additional fees will apply.

5.4. HEALTH

  1. You acknowledge and agree that:
    1. it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination and any Activities in connection with your Booking; and
    2. you might be denied entry to some countries or be refused from participating in certain Activities if you do not present certain health-related documentation (such as proof of vaccinations).
  2. Prior to booking travel to an overseas destination, we strongly encourage you to consult DFAT and the equivalent department in the country you intend to travel to for health-related information and see your general practitioner for any required vaccinations and other recommended health treatments.

5.5. TRAVEL DOCUMENTS

  1. Travel documents are issued by Travel Service Providers to confirm your travel arrangements with them and entitle you to the Activities or other services they contracted to provide to you (including airline and other transport tickets, hotel or accommodation bookings, or tour tickets) (Travel Documents).
  2. Travel Documents are subject to the Travel Service Providers Terms, such as change or cancellation fees and non-refund policies. It is your responsibility to check the terms and conditions applicable to your Travel Documents.
  3. You acknowledge and agree that:
    1. Travel Documents must be issued in the name of the passport or other identity documentation holder;
    2. Travel Documents cannot be transferred to another person for use (unless this is expressly permitted by the Travel Service Providers Terms);
    3. you must provide correct name and other Travel Document information (as requested by us or a Travel Service Provider) at the time of booking, as otherwise you may be unable to use your Travel Document or your Booking might be cancelled;
    4. you must review your Travel Documents upon receipt and notify us immediately, if you discover any errors in the destinations, names, dates or timing; and
    5. if you have made a Booking via our Website, you must print out the Travel Documents in electronic form and retain them until you arrive at your destination.

5.6. TRAVEL ITINERARY

  1. You acknowledge and agree that it is solely your responsibility to confirm your travel itinerary and any other details relevant to your booking before finalising a Booking.
  2. We will not be responsible for any incorrect or incomplete information you provide to us in a Booking and you agree to indemnify us for any loss or damage incurred as a result of providing such information, in accordance with clause 11.

5.7. RISK

You acknowledge and agree that:

  1. that the nature of the Activities in connection with your Booking may expose you to, without limitation, environmental hazards, dangerous animals, altitude sickness, as well as significant risks inherent in dangerous physical activity and being far away from emergency services in the case of medical emergency;
  2. you assume all risks and liability for injuries to or deaths of persons or damage to property arising in connection with your participation in any Activities in connection with your Booking;
  3. you accept responsibility for avoiding environmental hazards and minimising harm to yourself and others while undertaking any hazardous Activities (including by following instructions from Travel Service Providers and local government authorities);
  4. Take Off Go will not be liable for any loss or damage suffered by you (or any other party) in connection with your participation in any Activities booked by Take Off Go on your behalf under these Terms.

5.8. TRAVELLERS REPRESENTATIONS

  1. You acknowledge and warrant that you:
    1. understand the risks and requirements of the activities that they will participate in as part of your Booking;
    2. possess the necessary fitness and are physically able to participate in all activities that form part of the Booking; and
    3. do not have any medical conditions or mobility issues which may affect your ability to participate in any Activities under a Booking which have not been notified to Take Off Go.
  2. You acknowledge that Travel Service Provider may, in their discretion, refuse to allow you to participate in any Activities if they do not believe that the you are fit to participate in the Activities and may not offer you a refund of any TSP Fees paid by you in respect of those Activities.

6. PRICING

  1. The Fees stated in a Booking, on the Website, or as quoted to you by us at the time of completing your Booking.
  2. You acknowledge and agree that:
    1. the TSP Fees are set by Travel Service Providers and all Fees are subject to availability, and changes based on factors such as currency fluctuations, exchange rates, fuel price variations, tax and airfare increases;
    2. we may vary or withdraw the Fees in connection with a Booking at any time without prior notice to you;
    3. Fees quoted are based on the information which you submit to us, and we may vary the Fees, if that information is incorrect; and
    4. the Fees we quote to you are only guaranteed once you pay for a booking in full and we confirm your Booking and the Fees in writing (which may occur once the Travel Service Provider providing confirmation of payment of the TSP Fees).
  3. In the event that we discover an error or inaccuracy in the price at which Booking was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Booking at the correct price or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited for the Fees, the full amount will be credited back to your original method of payment. —>

7. CANCELLATIONS

7.1. CHANGES & CANCELLATIONS

  1. If you wish to change or cancel your Booking, you acknowledge and agree that you must request any changes or cancellations through us directly, and not through a Travel Service Provider.
  2. You must pay Take Off Go any additional fees for changes requested by you to an accepted Booking, including any changes of names, dates, or destinations (Changes) or for cancellations of any services or Activities in a Booking (Cancellations).
  3. Changes and Cancellations will be charged on a time and materials basis, at Take Off Go's standard rates available on our Website or as otherwise notified to you, and these amounts will vary for domestic and international Bookings. All Cancellations will be subject to a minimum $500 administration fee for each traveller on the Booking.
  4. You acknowledge and agree that Travel Service Providers may impose additional TSP Fees in relation to any Changes or Cancellations and agree that you are responsible for paying such TSP Fees.

7.2. REFUNDS

  1. You acknowledge that many Travel Service Providers do not offer refunds and you must review the Travel Service Providers Terms before requesting any Changes or Cancellations.
  2. Take Off Go does not guarantee that you will be entitled to a refund (from either Take Off Go or a Travel Service Provider) of any of the Fees paid if you request Changes or Cancellation of your Booking.
  3. In some circumstances, where a Booking is changed or cancelled, a Travel Service Provider may only offer a travel credit which can be used to rebook similar goods and services through Take Off Go with the same Travel Service Provider (Travel Credit). The use of Travel Credit for any subsequent Bookings will be subject to the relevant Travel Service Provider Terms.
  4. Where your Booking is cancelled or changed and you are entitled to a refund of the TSP Fees or a Travel Credit from the Travel Service Provider under the Travel Service Provider Terms, we may offer to assist you in obtaining a refund or Travel Credit from the Travel Service Provider (though we are not under any obligation to do so).
  5. You acknowledge and agree that:
    1. we are not required to credit any refund back to you until we have received payment from the relevant Travel Service Provider;
    2. while we will endeavour to credit the refund within a reasonable amount of time, Take Off Go cannot guarantee that a particular Travel Service Provider will provide a refund within a particular time frame;
    3. we reserve the right to deduct any Take Off Go Fees due to us from the relevant refund prior to crediting it back to you;
    4. we will credit any amount due to you as a refund back to your original method of payment; and
    5. Take Off Go is not under any obligation to take any action against a Travel Service Provider and it is your responsibility to enforce any rights you may have under any applicable local laws against the Travel Service Provider.
  6. Where an Activity or Booking is cancelled by the Travel Service Provider:
    1. we will attempt to rebook the affected Activities (or a suitable alternative arrangement);
    2. if we are not able to rebook suitable alternative arrangements for you, we will provide you with a refund of any Take Off Go Fees in respect of the affected Activities to your original payment method (but no refund will be given in respect of unaffected Activities); and
    3. your ability to obtain a refund of any TSP Fees in respect of the affected Activities will depend on the refund policy of the relevant Travel Service Provider.

8. PROMOTIONAL PHOTOGRAPHY

You acknowledge and agree that Take Off Go may arrange for photographs and video footage of you and other travellers to be taken while you are participating in Activities. We reserve the right to publish such photographs on our social media accounts and/or Website for the purpose of marketing and professional advancement.

9. PRIVACY POLICY

The information we collect from you will be stored, used and disclosed in accordance with our Privacy Policy, which may be found here. You agree to be bound by the terms of our Privacy Policy.

10. WARRANTIES

  1. To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms or a Booking are excluded.
  2. Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

11. LIMITATION OF LIABILITY

  1. (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Take Off Go to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms is limited to the total Take Off Go Fees paid to Take Off Go by the Client in the 6 months preceding the first event giving rise to the relevant liability.
  2. (Indemnity) The Client agrees at all times to indemnify and hold harmless Take Off Go and its officers, employees, agents and contractors ("those indemnified") from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client's officers', employees', agents' or contractors':
    1. breach of any term of these Terms; or
    2. negligent, fraudulent or criminal act or omission.
  3. (Consequential loss) Take Off Go will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by Take Off Go, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

12. NOTICES

  1. A notice or other communication to a party under these Terms must be:
    1. in writing and in English; and
    2. delivered to:
      1. the Client via the email address supplied by the Client in a Booking; or
      2. Take Off Go via [email protected].
      The parties may update their Email Address by notice to the other party.
  2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern these Terms, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,
    whichever is earlier.

13. DISPUTE RESOLUTION

  1. A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  2. A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
  4. If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into these Terms.
  5. If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

14. GENERAL

14.1. GOVERNING LAW AND JURISDICTION

These Terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts ofVictoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

14.2. AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

14.3. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

14.4. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

14.5. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

14.6. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

14.7. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

14.8. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

14.9. INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word "includes" and similar words in any form is not a word of limitation;
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  11. (currency) a reference to $, or "dollar", is to Australian currency, unless otherwise agreed in writing.