1. Definitions and Interpretations

1. In these terms and conditions the following words have the following meanings:

   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.

   Amendment Fee means the sum payable to SkySwan for an Amendment.

   Booking means a request to SkySwan made on the Website or by telephone for the provision of a Service or Services by a Supplier or Suppliers.

   Booking Fee means the sum payable to SkySwan for a Confirmed Booking.

   Cancellation Fee means the sums payable to SkySwan and the Supplier on the cancellation of a Confirmed Booking which has been paid in full, representative of the costs and loss to SkySwan and the Supplier by reason of the cancellation.

   Confirmed Booking means a Booking placed with SkySwan that has been accepted by a Supplier for the supply of the Service or Services the subject of the Booking.

   Deposit means the sum payable to SkySwan for the making of a Booking.

   Domestic means within Australia.

   Email Address means the email address for communication to SkySwan as shown on the Website.

   Information means all information and illustrations on the Website.

   International means outside Australia.

   SkySwan means SkySwan Holdings Pty Ltd ACN 088 755 873 trading as "SkySwan" and/or "SkySwan Travel".

   Taxes means taxes, charges, imports, duties and fees charged by a government or government instrumentality.

   Service means a travel or travel-related service shown to be available on the Website.

   Service Cost means the sum charged by the Supplier for the Service.

   Supplier means the supplier of a Service the subject of a Booking.

   Website means SkySwan's website at www.skyswan.com.au.

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.

2. Pricing

1. All prices are in Australian Dollars.

2. Until paid in full by cleared funds and tickets or vouchers are issued, all prices are subject to availability and change without notice.

3. The price for a Service only includes those components of the Service specified on the Website.

4. 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.

5. Taxes are subject to change without notice.

3. Deposit

1. You must pay to SkySwan a minimum of $165.00 per person per Booking for the Deposit.

2. Each Deposit is due and payable at the time of Booking.

3. All Deposits for Confirmed Bookings are non-refundable.

4. Booking Fees

1. You agree to pay SkySwan upon making a Booking the Booking Fee in the sum of $14.95 per International flight service Booking, $12.95 per Domestic flight Booking, $2.95 per accommodation Booking, $2.95 per car hire Booking, and/or $300.00 per tour Booking.

2. The Booking Fee is non-refundable.

3. Booking Fees are displayed on the payment page on the Website and are included in the cost of each Confirmed Booking.

5. Payments

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 SkySwan consultant.

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. Payments made by credit card incur a merchant fee of 2% for Visa and Mastercard for the total of the amount paid by the credit card. Those charges appear on the payment page of the Website.

4. Credit card payments may take up to 48 hours to process and confirm.

5. A Booking will not be confirmed until the payment has been processed and is successful.

6. Each Booking is processed separately. In the event that one Booking out of several Bookings is unavailable, cannot be provided or cannot be processed, any remaining Bookings will be processed and confirmed if available and paid for notwithstanding that one or more of the other Bookings is not proceeding.

7. You must pay additional ticketing fees where paper tickets are required.

6. Amendment and Fees

1. Subject to clause 6.5, SkySwan will, at your request, attempt to make an Amendment on request by you where such an Amendment is possible.

2. An Amendment Fee of $110.00 per Confirmed Booking is payable to SkySwan upon each and every Amendment.

3. In addition to the Amendment Fee, you agree to pay to SkySwan all fees charged by the Supplier for any Amendment.

4. 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.

5. Amendments to Confirmed Bookings with Virgin Blue and Jetstar must be made directly with those airlines.

6. Any request for an Amendment (excluding those relating to Virgin Blue and Jetstar) must be requested in writing to SkySwan, which may be by email to the Email Address.

7. Cancellation Fees In Respect of Confirmed Bookings paid in full

1. A Cancellation Fee of up to 100% of the total cost of a Confirmed Booking is payable upon cancellation of a Confirmed Booking which has been paid in full.

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.

3. SkySwan 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 and/or $350.00 per tour Booking.

4. Different Cancellation Fees for SkySwan and Suppliers apply depending on the type of Confirmed Booking, the Supplier and any specific terms and conditions relating to the Booking.

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. Any cancellation made by you must be made in writing to SkySwan, which may be by email to the Email Address.

8. Refunds

1. Refunds may take up to 12 weeks to obtain from the Supplier.

2. SkySwan has no obligation to provide you with any refund until it has received the refund in cleared funds from the Supplier.

9. Insurance and Health

1. Travel insurance is highly recommended.

2. It is your responsibility to make sure you have appropriate travel insurance for the event or events the subject of your Booking.

3. SkySwan can provide you with information about travel insurance, as to which see the insurance section of the Website.

4. 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.

10. Agent

1. SkySwan is a travel agent only.

2. All Bookings placed with SkySwan by you are placed with SkySwan as agent for each Supplier concerned.

3. SkySwan 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.

4. Each Confirmed Booking effected through SkySwan is subject to the terms and conditions and limitations of liability of the Supplier of the Service the subject of that Confirmed Booking.

5. You expressly acknowledge and agree that there is no joint venture, partnership or employment arrangement between SkySwan and any Supplier referred to on the Website.

11. Information

1. The Information is representative and illustrative only.

2. The Information is provided to SkySwan from third parties and/or the Suppliers responsible for providing Services and relayed by SkySwan in good faith.

3. SkySwan does not represent that any of the Information is true or correct.

4. Except to the extent that the law imposes a non-excludable liability, SkySwan does not represent or make any warranty as to the standard of the Service supplied, nor the class or fitness for purpose of any Service offered for sale through it.

5. You should not rely upon, and are not invited to rely upon, the accuracy, currency or validity of any of the Information. You should independently verify the accuracy of the Information.

6. SkySwan takes no responsibility for any act or omission taken or disbursement incurred by you arising out of any act, omission or disbursement incurred in reliance upon any of the Information.

12. Your Responsibilities

1. Reward Programs and Frequent Flyer Program

   • 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.

   • SkySwan 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.

2. Confirmation of Schedules, Dates and Times

   • SkySwan 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 13 herein.

   • 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.

   • SkySwan has no obligation to advise you of any change to flight or departure times, dates, numbers or schedules.

   • You should check your SkySwan online account from time to time in the event that notification by SkySwan of any schedule or other changes or important information is made to you.

3. Passports and Visas

   • 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.

   • It is solely your responsibility to obtain any necessary visa/s or entry permit/s for your destination/s or return journey or both.

   • 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.

   • 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.

4. Baggage

   • 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.

5. Special Request

   • SkySwan will pass on to the Supplier special requests where advised.

   • SkySwan does not guarantee that special requests will be honoured or agreed to by the Supplier concerned.

   • SkySwan takes no responsibility for special requests which are not met.

6. Information

   • It is solely your responsibility to ensure that the contact details you provide to SkySwan are correct and current.

   • E-tickets will be emailed to the email address you have supplied.

   • SkySwan takes no responsibility for tickets which are not received or lost.

13. SkySwan's Liability

1. Subject to clause 13.2, you agree that SkySwan is exempt from any liability of whatever nature, whether in contract, tort, statutory enactment or otherwise, in relation to any:

   • loss, including consequential loss;

   • personal injury or death;

   • damage, loss or theft of personal property of any kind;

   • delay;

   • expense;

   • inconvenience or distress;

   • disappointed expectation;

   • accident of any kind;

   incurred or experienced by you or any of your dependents or travel companions, arising out of any:

   • act;

   • omission;

   • default;

   • breach of duty imposed by the common law or by statute (including but not limited to negligence);

   • breach of any law of the place of commencement of the journey, destination or anywhere en route to or from the destination;

   • breach of any contractual terms (whether express or implied);

   • force majeure or any other event which is beyond our control

   by SkySwan, its servants or agents, or of any sub-contractor or supplier of any product or service promoted or offered by SkySwan.

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.

14. Choice of Law

1. You agree with SkySwan, in so far as any contractual relationship is created between SkySwan and you by you making a Booking with SkySwan or a Confirmed Booking with a Supplier through SkySwan, that the contractual relationship is subject exclusively to the laws of Western Australia.

15. Jurisdiction

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 SkySwan and you, including the making of any claim against SkySwan.

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.

16. Entire Contract

These terms and conditions, and any of those of a Supplier that may apply to you, form the entire contract between SkySwan and you.

17. Fulfilment Policy

Skyswan Travel is committed to providing exceptional customer service. We endeavour to make sure that all products listed on our website are available and pricing is true and correct. Standard processing timeframe is up to 2 days. In the event that a booked service is not available, or we are unable to fulfil your order, we will notify you within 2 business days to arrange an agreeable alternative service, or a full refund.

18. Security

When purchasing from Skyswan your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our Customer or Technical Support at 1300 66 28 29 or emailing us at web@skyswan.com.au