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| Blue Holidays General Terms and Conditions | Mystery Breaks General Terms and Conditions | |
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A. INTRODUCTION
- General
- a. These terms and conditions govern all bookings for Blue Holidays Packages (“Terms and Conditions”).
- b. ZUJI Pty Ltd ABN 18 096 920 866, travel agents licence number 3129712 (trading as Blue Holidays) (“Blue Holidays”) acts as an agent for you in making the arrangements for transportation (including flights), accommodation, insurance, car hire, tours, sightseeing, transfers, activities, events and other components of your Blue Holidays Package.
- c. It is your responsibility to read and understand the terms and conditions set out in these Terms and Conditions and to keep familiar with the current features of Blue Holidays Packages.
- d. These Terms and Conditions apply to bookings made for Blue Holidays Packages made through the Blue Holidays Website, the AFL Website, the GCC or through a travel agent.
- e. Bookings made for a Mystery Breaks Packages are subject to additional terms and conditions, which are set out in Part C of these Terms and Conditions. If there is an inconsistency between the terms and conditions set out in Part A and Part C of these Terms and Conditions, the term and conditions in Part C will apply to the extent of the inconsistency.
- f. References to 'we', 'us' and 'our' are references to Blue Holidays, Virgin Australia and all Suppliers who each may separately enforce these Terms and Conditions.
- g. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Blue Holidays, Virgin Australia, their affiliates, partners and/or its Suppliers and which is licensed to Blue Holidays and Virgin Australia. You agree not to, except as permitted under the applicable law, copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any of the content found in this site without the prior written permission of Blue Holidays or Virgin Australia except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.
- Definitions
Unless the context otherwise requires, the following definitions apply:
AFL Package means a Blue Holidays Package which includes and ticket to an AFL match and may be booked through the AFL Website or the Guest Contact Centre.
AFL Website means the website located at www.anygameanywhere.com.au
Blue Holidays Packages means a holiday package, which includes one or more components of travel related services, which are sold as a package by Blue Holidays and includes AFL Packages and Mystery Breaks Packages.
Blue Holidays Website means the website located at the following website links: www.blueholidays.com.au , www.virginaustralia.com.au/holidays , www.blueholidays.co.nz and www.mysterybreaks.virginaustralia.com.au , or any other website that utilises the Blue Holidays booking engine.
Conditions of Carriage means the conditions of carriage which govern your travel on the flight component of your Blue Holidays Package and which will be located on the applicable Participating Carrier’s website.
Domestic/Domestic Booking means holiday packages for which the origin and destination points are wholly within Australia.
Guest Contact Centre means the guest call centre operated by Blue Holidays.
International/International Booking means holiday packages for which either the origin or destination points are outside Australia.
Mystery Breaks Package means a Blue Holidays Package, which is booked in accordance with Part C of these Terms and Conditions.
Mystery Breaks Terms and Conditions means the terms and conditions relating to Mystery Breaks Packages, which are set out in Part C of these Terms and Conditions.
Optional Services or Travel Extras means any additional ancillary item (car hire, insurance, transfers, land tours and other components of your Blue Holidays Package (but excluding air travel and accommodation components, which are purchased at the time of booking.
Participating Carrier means an airline which provides air travel services as part of a Blue Holidays Package and includes airlines in the Virgin Australia Group.
Personal Information means information collected by Blue Holidays as described in the Privacy Policy
Privacy Policy means the policy available for download at the Blue Holidays Website
Qualifying Holiday Package means a minimum of hotel or flights plus hotels components booked, plus any additional ancillary item (car hire, insurance, transfers, activities) purchased at the time of booking
Supplier means the supplier of a service which is part of a Blue Holidays Package but which is not Blue Holidays.Travel Documentation means the documentation we will provide you, which relates to your booking for a Blue Holidays Package and includes your itinerary.
Virgin Australia Group means Virgin Australia Airlines Pty Ltd ABN 36 090 670 965 (“Virgin Australia”), Virgin Australia Airlines (NZ) Ltd ABN 26 313 149 900, Virgin Australia International Airlines Pty ABN 63 125 580 823, Virgin Samoa Ltd ABN 90 116 223 517 or entity of which Virgin Australia Holdings Ltd ABN 54 100 686 226 has a direct or indirect interest.
Virgin Australia Website means the website located at www.virginaustralia.com
B. BLUE HOLIDAYS PACKAGES
- Suppliers
- a. Blue Holidays does not own, manage, control or operate any of the transportation (including flights), accommodation, insurance, car hire, tours, sightseeing, transfers, activities, events or any other services included in your Blue Holidays Package.
- b. All coupons, receipts, bookings and tickets are issued subject to the terms and conditions specified by Suppliers. It is important for you to obtain and read the terms and conditions of services provided by Suppliers, which are included in your Blue Holidays Package, as they may contain exclusions or limitations of liability (including some which limit or exclude liability for death, personal injury, delay and loss or damage to baggage) and other terms and conditions (including restrictions on amendment or cancellation) imposed by the service supplier.
- c. All descriptions and itineraries have been prepared with information received from Suppliers. Blue Holidays is not responsible for any incorrect or inaccurate information contained in Blue Holidays Package descriptions or itineraries where that information has been provided by a Supplier and will not be liable for any loss or damage (including personal injury or property damage) you may incur as a result of a Supplier providing incorrect or inaccurate information about a product or service in your Blue Holidays Package.
- d. We reserve the right to substitute accommodation or other components of an equivalent or better standard due to unavailability of the advertised product.
- Terms of Use
The Terms of Use for the Blue Holidays Website are located at: http://www.virginaustralia.com/au/en/about-us/legal-policies/terms-of-use/ - Participating Carriers Liability
- a. To the extent permitted by law Virgin Australia and other Participating Carriers will not be responsible or liable for any loss or damage incurred by any person (including personal injury and property damage), which arises directly or indirectly from a booking made for a Blue Holidays Package, aside from the liability that may be incurred as a carrier.
- b. Blue Holidays Packages which include a flight component with Virgin Australia and other Participating Carriers are subject to the Conditions of Carriage.
- c. Permission for Blue Holidays to use the trademark and logo of Blue Holidays does not form any endorsement of the services of Blue Holidays nor acceptance of any liability on behalf of Blue Holidays. Neither Virgin Australia nor any other Participating Carrier represent themselves as contracting with any purchaser of a holiday package from Blue Holidays, or as having any other legal relationship with any such purchaser.
- Bookings
- a. All bookings made via any channel are based upon the current price given by the goods and/or service provider at the time the booking is generated.
- b. The person carrying out a booking shall be deemed to have accepted these Terms and Conditions on behalf of all persons named in the booking (including those added at a later date).
- c. Any verbal quotes given via the Guest Contact Centre are estimates only that will be subject to a written advice upon confirmation of the reservation.
- d. The person carrying out a booking acknowledges that Blue Holidays reserves the right to deny a booking request for any or no reason.
- e. No employee of Blue Holidays or affiliated companies or representatives can change these Terms and Conditions or any other terms under which any person agrees to purchase a Blue Holidays Package.
- f. A fee applies to bookings made via the Guest Contact Centre. Refer to clause 16 of these Terms and Conditions.
- g. Bookings for AFL Packages can be made on the AFL Website or through the Guest Contact Centre. Bookings for AFL packages made through the Guest Contact Centre will incur a fee, in accordance with clause 16 of these Terms and Conditions.
- h. Bookings made for AFL Packages are subject to these Terms and Conditions and any additional terms and conditions which may be published on the AFL website from time to time. In the event of an inconsistency between these Terms and Conditions and the terms and conditions on the AFL Website, the terms and conditions on the Website will apply to the extent of the inconsistency.
- i. Bookings are non-refundable and non-transferable, except as otherwise set out in these Terms and Conditions. Name changes are not permitted for any bookings.
- Exclusions
The following items are not included in the price of your Blue Holidays Package, unless we otherwise advise you: passport and visa charges where applicable, airport taxes (where not pre-payable or pre-paid), items of a personal nature such as drinks, room service, laundry, own meals (unless specified), baggage charges, excess baggage, personal & baggage insurance, telephone calls and postage and the cost of anything else not expressly identified as being included in the Blue Holidays Package. - Prices
All prices are quoted in either Australian dollars (from Australia) or New Zealand dollars (from New Zealand) unless otherwise expressly stated. All rates shown are subject to availability and seasonal variations. Prices are subject to change at any time until full payment is received. - Fulfilment
- a. You understand that all products and services purchased require fulfilment and documentation, such as issuance of air tickets and travel vouchers.
- b. Fulfilment is performed during normal office hours. As such, any travel requests and bookings made require a minimum processing time, depending on how you made your booking and where you are travelling. The following processing times apply:
- i. Domestic and International Bookings made through the Blue Holidays Website must be made outside 48 hours of departure.
- ii. Domestic Bookings made via the Guest Contact Centre must be made outside 24 hours of departure.
- iii. International Bookings made via the Guest Contact Centre must be made outside 48 hours of departure.
- c. All reservations are subject to availability
- d. We will not be responsible or liable for any claims for loss, damages or compensation against non-fulfilment of a booking that cannot be fulfilled between the time of booking and the time of departure.
- e. If we are unable to fulfil a booking between the date of booking and the time of departure, we shall refund to you all unutilised monies collected from you for that booking to your original form of payment within 7 days.
- Documentation
- a. Travel Documentation (other than Travel Documentation for a Mystery Breaks Package) will be emailed to the email address you provide at the time of booking, after we receive confirmation of your payment.
- b. If you book a Mystery Breaks Package, you will receive your Travel Documentation 1 to 4 days prior to your departure date. Further information relating to your Mystery Breaks Package is set out in Part C of these Terms and Conditions.
- Invoice
We can only issue an invoice for the total amount paid for a Blue Holidays Package. Our contractual obligations with Suppliers do not allow us to issue an invoice for the individual travel components of a package. Invoices are not provided at the time you make a booking but are available on request. - Invoice errors or omissions
We reserve the right to correct any errors in rates quoted or miscalculated for any Blue Holidays Package or any other product or service quoted on the Blue Holidays Website or via the Guest Contact Centre. - Goods and Services Tax
All prices and charges are inclusive of Australian GST or New Zealand GST, where applicable. - Full Payment
Full payment for your Blue Holidays Package is due at the time you make your booking. If for any reason payment does not clear or is rejected, the booking will be cancelled, any deposit amount already paid will be forfeited and the appropriate cancellation charges will apply at our discretion. - Amendments
- a. The provisions of this clause 15 do not apply to Mystery Breaks Packages. Refer to the Mystery Breaks Terms and Conditions.
- b. Amendments must be notified at least 48 hours prior to the day of departure and will incur a fee. Refer to clause 16 of these Terms and Conditions. You will also be required to pay any fare difference and any charges levied by Suppliers, which can be up to 100% of the cost of the booking.
- c. Amendments inside 48 hours for bookings will result in forfeiture of the total cost of the booking.
- Cancellations
- a. The provisions of this clause 16 do not apply to Mystery Breaks Packages. Refer to the Mystery Breaks Terms and Conditions.
- b. You must notify us of any cancellations at least 48 hours prior to the day of departure by calling our Guest Contact Centre.
- c. A cancellation fee of AUD$35.00 per booking applies, plus any cancellation or other charges levied by service suppliers (which can be up to 100% of the cost of the booking).
- Credit Shells
- a. Any credit balance resulting from your original booking as a result of cancellations or amendments (after deducting any applicable cancellation or amendment fees and any other charges) will be held in credit and can be used toward future bookings for Blue Holidays Packages.
- b. All credits are valid for 12 months from the original booking date. A credit held from an amended or cancelled booking departing Australia can only be applied to a new booking departing Australia. A credit held for a cancelled booking departing New Zealand can only be applied to a new booking departing New Zealand. Future bookings utilising such credit can only be made by calling our Guest Contact Centre, a phone booking fee will apply.
- c. For refund of travel insurance premium, refer to clause xx of these Terms and Conditions.
- Fees
- a. You will incur a fee if you:
- i. Book a Blue Holidays Package through the Guest Contact Centre;
- ii. Amend any part of your booking for a Blue Holidays Package;
- iii. Cancel your booking for a Blue Holidays Package.
- b. The applicable fee will be the fee published on the fees and charges page of the Virgin Australia Website on the date you request the service.
- c. You will be charged a fee if you make a booking for a Blue Holidays package using a credit card. The applicable fee will be the fee published on the fees and charges page of the Virgin Australia Website on the date you make your booking. The credit card fee will be charged per booking and will be added to the total price of your booking.
- d. Additional fees may be levied by Suppliers and/or fare or rate difference which can be up to 100% of the booking value.
- a. You will incur a fee if you:
- Hotel Policies and Bedding Information (General)
When you book a Blue Holidays Package that includes accommodation, the following terms and conditions will apply to your booking unless we expressly advise you to the contrary:- a. Hotel rates quoted are based on double occupancy, per room per night in existing bedding, unless otherwise stated in the description of your Blue Holidays Package. “Double occupancy” means two people sharing one room. Charges for extra persons and/or children may apply and will be charged directly by the hotel.
- b. Any incidental charges such as parking, phone calls, room service, additional bedding or any additional surcharges are not included in the price of your Blue Holidays Package and must be paid by you directly to the Supplier. You may not earn loyalty program points for any amounts paid directly to the Supplier.
- c. Hotels may have a minimum age requirement. If guests do not meet the minimum age requirements, they must be accompanied by a parent or guardian. Please contact the Guest Contact Centre to confirm the minimum age requirements for your particular hotel.
- d. Photo identification may be required at check-in.
- e. Guests may be required to present a valid credit (not debit) card or cash deposit at check-in for incidentals.
- f. Prices quoted are based on existing bedding in the room. Requests for particular bedding arrangements must be made at the time of booking by contacting our Guest Contact Centre and may incur additional charges, which are payable directly to the hotel.
- g. Ratings are assigned to hotel properties based on information supplied by hotels. Ratings are validated based upon the most up-to-date research conducted by hotel experts at a leading online travel agency in accordance with industry standards. The ratings are objective evaluations of a hotel's level of comfort and style based on a number of criteria, which may include on-site inspections, post-trip customer feedback, and quality of amenities and staff.
- Unused Land Service
To the extent permitted by law, there will be no refund, credit or exchange for any unused land services once travel on your Blue Holidays Package has commenced. - Product descriptions
Product descriptions featured on the Blue Holidays Website and throughout Blue Holidays promotional material are based on current contractual agreements with Suppliers and information provided by Suppliers. Any facilities shown as included are subject to change at any time prior to you making a booking for a Blue Holidays Package. - Maps and photographs
Maps are shown for general information and may not reflect actual routings, locations or services provided. Whilst photographs display places in geographic areas, they are not necessarily included in any holiday. Photos reflecting hotel rooms may not be specific to the actual room assigned upon check-in. - Optional Services or Travel Extras
- a. On some occasions, you may be required to contact a Supplier directly to arrange for pick-up/drop-off times, appointments or other services which form part of your Blue Holidays Package. Any requirements for you to contact a Supplier directly will be specified in the Travel Documentation.
- b. Minimum age licensing restrictions eg open licence, may apply to some Optional Services, including car rental bookings, activities or events.
- Baggage
- a. You must read all Suppliers policies with respect to the carriage of baggage, which apply to your Blue Holidays Package. Suppliers may have policies that restrict the size, number, weight and dimensions of allowable luggage (both carry-on and registered baggage).
- b. Some Suppliers may charge a baggage fee if you carry luggage that exceeds the restrictions or allowances outlined in each individual policy. Any fees payable to Suppliers for the carriage of baggage will be in addition to the cost of your Blue Holiday Package unless we otherwise expressly state.
- c. Where your Blue Holidays Package includes air travel on a service operated by the Virgin Australia Group, you can purchase baggage either online at the time you make your booking or by contacting the Guest Contact Centre if you wish to add baggage to an existing booking.
- d. Unless otherwise stated, your Mystery Breaks Package will include one (1) piece of checked in baggage per person weighing up to 23kg. Refer to the Mystery Breaks Additional Terms and Conditions.
- Travel Insurance
- a. We strongly recommend you seek advice on obtaining insurance prior to travel and to discuss insurance options. We suggest that the policy should include, but not be limited to, the following cover: loss or damage to personal baggage; loss of money; and emergency medical expenses incurred during travel.
- b. You may purchase travel insurance as part of your Blue Holidays Package through our travel insurance partner, Allianz, by selecting the insurance offered under "Optional Services" when you make your booking online or though the GCC. You must read the product disclosure statement for the type of travel insurance you wish to purchase prior to making the purchase and you should seek independent advice about whether that option is suitable for your requirements.
- c. A fourteen (14) day cooling off period (“Cooling-Off Period”) applies to travel insurance purchased as part of your Blue Holidays Package. If you cancel the travel insurance component of your booking or cancel your entire Blue Holidays Package prior to the expiry of the Cooling-Off Period, you will receive a refund of your travel insurance premium. If you cancel your travel insurance or Blue Holidays package outside the Cooling-Off Period, you will forfeit the amount paid for travel insurance as part of your booking, in addition to any other cancellation fees we may charge you in accordance with these Terms and Conditions.
- Passports and visas
- a. You are solely responsible for the following:
- i. ensuring you meet all passport, visa (including any and all transit visas) and health requirements which are relevant to your Blue Holidays Package; and
- ii. ensuring your travel documentation is correct.
- b. Many countries require that foreign nationals entering hold a passport with at least six (6) months validity remaining. This information as well as any other related information we supply when you book your Blue Holidays Package and any links within the site are supplied in good faith and should be treated guidelines only.
- a. You are solely responsible for the following:
- Limitation of Liability
- a. Subject to the provisions of this clause 25, you agree that neither Blue Holidays, Virgin Australia nor any of its representatives or agents shall be liable to you or any other person for any loss, injury, or damage whatsoever to any person or their belongings or otherwise arising out of or in connection with the offer and/or supply of goods or services by Blue Holidays or any third parties (including but not limited to the supply of accommodation, transportation or other services) resulting directly or indirectly from any occurrences including breakdown/faults in equipment, strikes, theft, delay or cancellations or changes in itinerary or schedules etc.
- b. Blue Holidays, Virgin Australia nor any of their representatives or agents do not accept any liability whatsoever and shall not be liable to you or any other person for any injury, damage, loss, delay, additional expenses or any distress, disappointment or inconvenience caused either directly or indirectly by any events or acts or omissions which are beyond their control, including but not limited to, war, civil commotion, fire, floods, acts of God, act of government or other authorities, industrial action or accident or failure of machinery or equipment.
If the Trade Practices Act 1974 (Cth) or any similar law applies and an implied condition or warranty cannot be excluded, the liability of Blue Holidays, Virgin Australia will be limited, at their discretion, to either the replacement or resupply of the goods or services. - c. Where Blue Holidays, Virgin Australia or any third party supplies you with goods or services which are included in a Blue Holidays Package, you have certain rights under the Australian Consumer Law, known as ‘consumer guarantees’.
- d. These rights include guarantees that the goods supplied:
- i. will be of acceptable quality;
- ii. will be reasonably fit for any purpose made known to us before we supply them to you; and
- iii. will correspond with any description, sample or demonstration model.
- e. These rights include guarantees that the services supplied:
- i. will be carried out by us with due care and skill;
- ii. will be fit for the purpose disclosed; and
- iii. will be supplied within a reasonable time.
- f. This is a summary of some of your rights under the Australian Consumer Law. It is not exhaustive and is not legal advice. Nothing in this document is intended to override or limit any rights you have under the Australian Consumer Law
- g. Nothing in these Terms and conditions operates to limit or purports to limit any consumer rights which you have and which cannot be contracted out of (including any State or Territory consumer protection legislation).
- h. These Terms and Conditions are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts in that state.
- Privacy
- a. Your Personal Information will be handled in accordance with the Privacy Policy.
- b. This clause 26 will survive termination or expiration of these Terms and Conditions.
- c. Unless you advise Blue Holidays otherwise, you consent to receiving marketing and promotional material from Blue Holidays and Virgin Australia. You agree that Blue Holidays and Virgin Australia do not need to include an "unsubscribe" facility in any electronic message Blue Holidays or Virgin Australia send you.
- Contact Us
a. Should you have any queries or require any further information on these Terms and Conditions, please send an email to: enquiries@blueholidays.com.au and we shall respond to you as soon as we can. Alternatively, you may call us at 13 15 16 or within New Zealand on 0508 13 15 16, or outside Australia & New Zealand on +61 7 3333 6600. - Consumer Claims
Consumer claims should be made in writing within 30 days of return, with supporting documentation. Such claims should be addressed and forwarded to the Guest Contact Centre at enquiries@blueholidays.com.au or mailed to the attention of Blue Holidays Manager at PO Box 1034, Spring Hill, QLD 4006. - Velocity
Please read our full Velocity Terms and Conditions.
C. MYSTERY BREAKS TERMS AND CONDITIONS
- General
- a. The terms and conditions set out in this Part D apply to your purchase of a Mystery Breaks Package, and are in addition to all other provisions in these Terms and Conditions.
- b. In the event of an inconsistency between the Mystery Breaks Terms and Conditions and the remainder of these Terms and Conditions, the provisions of the Mystery Breaks Terms and Conditions set out in this Part D will apply to the extent of the inconsistency.
- Bookings
- a. Mystery Breaks Packages are for a maximum of two (2) people per booking and must be made at least fourteen (14) days prior to departure date of the Mystery Breaks Package with a valid credit card.
- b. You may not cancel or change a Mystery Breaks Package. The total value of your booking will be forfeited if you do not travel on your Mystery Breaks Package.
- c. A booking for a Mystery Breaks Package cannot be combined with any other Virgin Australia or Blue Holidays credit shells, promotion vouchers, gift card, gift vouchers, discount coupons or Velocity vouchers exchanged for points.
- d. Infants are not eligible to travel on a Mystery Breaks Package.
- e. For any bookings made with only 1 traveller, a single supplement fee of $80 is payable in addition to the cost of the Mystery Breaks Package.
- f. A fee of $120 is payable on any packages departing from Perth, in addition to the cost of the Mystery Breaks Package.
- g. We cannot provide any information on Mystery Breaks booking until we send you your Travel Documentation, which will arrive 1-2 days prior to your departure date.
- h. We cannot guarantee your chosen excluded destination will not be selected for your Mystery Breaks Package.
- i. We reserve the right to deny a request for a booking of a Mystery Breaks Package for any or no reason. If for any reason we cannot fulfil your Mystery Breaks Package, you will receive a full refund for the booking.
- j. Peak Travel Periods: We may not be able to confirm a reservation during peak Australian school holidays and over Australian public holidays. Should we not be able to confirm your Mystery Breaks Package on the dates requested, a Mystery Break Gift Voucher or full refund will be offered to you within 48 hours.
- Hotels
A minimum standard of accommodation (4-star or higher) is included as part of a Mystery Breaks Package. Ratings are assigned to hotel properties based on information provided by Suppliers. Ratings are validated based upon the most up-to-date research conducted by hotel experts at a leading online travel agency in accordance with industry standards. The ratings are objective evaluations of a hotel's level of comfort and style based on a number of criteria, which may include on-site inspections, post-trip customer feedback, and quality of amenities and staff. Please see Hotel Policies and Bedding Information (General) in Part A of these Terms and Conditions for more information. - Travel Agents
Travel Agents cannot earn commission on bookings for Mystery Breaks Packages. - Mystery Breaks Gift Vouchers
- a. Gift vouchers for Mystery Breaks Packages are emailed to the nominated email address within 48 hours of your purchase.
- b. You are responsible for the safety and use of your Mystery Breaks gift voucher, and should treat it as cash. We are not able to replace or refund your Mystery Breaks gift voucher if the voucher is lost or stolen.
- c. The full amount of the Mystery Breaks gift voucher must be used in a single booking. No credit or refund will be given for amounts not used on the voucher.
- d. Mystery Break gift vouchers can only be redeemed 14 days prior to the departure date of your chosen Mystery Breaks Package.
- e. Mystery Breaks gift vouchers are valid for 12 months from date of creation.
- f. You cannot purchase a Mystery Break Gift Voucher by redeeming a Mystery Breaks gift voucher
- General
The terms and conditions set out in this Part C apply to your purchase of a Mystery Breaks Package, and are in addition to all other provisions in these Terms and Conditions. - Bookings
Mystery Breaks Packages are for a maximum of two (2) people per booking and can only be made fourteen (14) days prior to departure date of the Mystery Breaks Package with a valid credit card.
