Please read the following “Booking & Advisory Services – Terms and Conditions” (Booking T&Cs) carefully as they contain important information about your legal rights, remedies and obligations.
This agreement is between you and Gaura Travel (ABN 56392778429).
By making any booking for Travel Products with Us, you agree to comply with and be bound by these Booking T&CS, which apply to any bookings you make with our consultants over the phone or by email as well as online bookings you make on our website.
We may modify our terms and conditions without notice at any time where such amendment does not substantially affect your rights and obligations. By using our site to search for and/or book the products and/or services offered, you are indicating:
– that you have read this User Agreement; and
– your acceptance of this User Agreement
Do not make any bookings unless you understand and agree with the following Booking T&Cs and any other terms and conditions of the Travel Provider relating to the Travel Products you buy from us (Travel Provider T&Cs). You should read all of the relevant Travel Provider T&Cs on their relevant website/communications means before acquiring Booking & Advisory Services from us.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law, but we do not give any guarantee or warranty, and do not make any representation of any kind, express or implied, with respect to the use of our Website to the Booking Advisory Services supplied in addition to those rights.
“We” and “us” means Gaura Travel Pty Ltd ATF Gaura Katha Trust (ABN 56392778429) trading as Gaura Travel.
“You” or “your” means any user of our Website or any person who acquires the Booking & Advisory Services, including any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by you on behalf of another person or by another person on behalf of you).
“Booking & Advisory Services” means services provided by us to you to acquire a Travel Product from a Travel Provider and includes advisory and consulting services and facilitation of your purchase from Travel Providers.
“Travel Provider” or “Travel Providers” means the company or person who provides you with the Travel Products such as airlines, tour and cruise operators, car hires and accommodation providers. This may also include ticket consolidators and wholesalers that we use to facilitate travel with the Travel Provider.
“Travel Product” means the service or product provided by a Travel Provider, such as flights, accommodation and ground transport.
a) Gaura Travel acts as an agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”) in providing access to facilitate flight bookings. Flight fulfilment is provided by the airline(s) selected at the time of finalizing the booking. For your air travel, you are bound by the terms and conditions and the fare rules of the selected airline(s).
b) You acknowledge and agree that Gaura Travel may receive a commission or an affiliate fee or a marketing fee from transactions entered by using the Services.
You grant Gaura Travel the right to provide your contact details to airlines for the purpose of airlines (or their agents) providing operational notifications or updates in connection with your flights.
3. Our Services
a) We provide a travel booking service that enables you to:
- Book or purchase travel related goods and services promoted on our Website;
- Conduct flight and other travel related searches and reservations;
- Access our Customer Service assistance service;
- Take advantage of our DEALS (special negotiated rates);
- Use our payment processing, documentation and ticketing services.
b) Your legal rights and remedies in connection with the provision of the Travel Products you book are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Travel Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us. However, our Customer Service team will assist you should you have an issue with a Supplier or the Travel Products and services they provide to you.
3.2 Customer Service
The Customer Service provided includes access to staff either online, by email or by phone to confirm your Booking, make any changes to your Booking or otherwise seek assistance with your Booking. The Customer Service provided by Gaura Travel is global in nature and can be accessed from anywhere around the world.
Email: [email protected]
4. Travel Products
4.1 Product Terms
In addition to these terms, Suppliers and hotels may impose (and you must comply with) their own terms and conditions in relation to their Travel Products (Product Terms). If requested, we can provide you with copies of the relevant travel service provider terms and conditions.
Flight fulfilment is provided by the airline(s) selected at the time of finalizing the Booking. For your air travel, you are bound by the Product Terms of the selected airline(s).
Gaura Travel is not responsible for subsequent changes to airline scheduled departure times, departure dates or flight cancellations.
4.3 Flights DEALS
a) Gaura Travel negotiates with various airlines to provide DEALS on flights.
b) Ticket Numbers will be generated between 7 days prior to departure.
c) Flight Deals have stricter terms and conditions (for example, no online check ins, no specific seating requests included, frequent flyer points non-redeemable, cancellation policies, baggage policies, and refundable policies).
Packaged holidays (Packages) are made available by Gaura Travel by combining various suppliers.
a) to comply with the applicable Product Terms for each of the Travel Products; and
b) that any further charges relating to your Booking (for example, additional bedding, locally payable taxes, resort fees, minibar charges, and any transfer costs and meals not included in the Package charges) will be invoiced by, and paid by you to, the applicable hotel or Supplier.
Gaura Travel is not authorised to disclose the component pricing of the packaged Travel Products.
5. Fees & Commission
The below Schedule of Fees lists all the fees charged by us. These are in addition to any Fees or non-refundable components charged by the Travel Providers (As details in the relevant Travel Provider T&Cs).
In addition to the Booking & Advisory fee, we may receive commission, fees, gifts or financial incentives from Travel Providers in respect of your booking.
5.3 How are funds held ?
a) Any funds received by you, will be held on trust until such time as remitted to the Travel Provider. A portion of your payment may include a commission component that we will retain on trust until your travel is taken.
b) Where we charge you a service fee or other fee detailed in our schedule of Fees, this will not be held on trust as these amounts are non-refundable (subject to any rights you may have under the Australian Consumer Law).
6. Booking Terms
- The Travel Products offered are subject to availability and can be withdrawn without notice by the Travel Provider. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Third-Party Travel Provider.
- When you make a booking, you must provide accurate and complete details of each traveller, and according to their passport or other identification document. It is your responsibility to ensure that all details of the booking are complete and correct for all passengers before proceeding. Some Third-Party Travel Providers will deny carriage if the traveller’s name varies from their booking and may cancel automatically if the traveller’s name is amended. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or as a result of the Third-Party Travel Provider’s policies.
- It is your responsibility to ensure that all details of the booking are correct before proceeding.
- Travel Products are not guaranteed until payment has been made in full and documents have been processed.
- Most airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’, on certain routes. We cannot be held responsible if your e-ticket does not arrive due to an incorrect email address or your junk email settings. You must notify us immediately if you change your email address or contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation (refer to Customer Service 3.2 for contact details).
7. Payment Terms
a) You will be required to pay an advisory service fees as per Fees 5.1 as deposit or deposits for your booking. In some instances, full payment is required at the time of booking. We will advise you of these payment requirements.
b) All deposits are non-refundable for changes of mind or cancellation by you (subject to your rights to a refund or other remedy under the Australian Consumer Law).
c) Upto 20/11/2023, Deposits were forfeited after 3 months if not utilized from the date of transaction.
d) On & from 21/11/2023, Deposits will be forfeited after 6 months if not utilized from the date of transaction.
7.2 Final Payment of balance due
a) Final payment is required no later than 12 hours from the time of making the booking, unless otherwise stated.
b) Any failure by you to make payment of the Travel Product in full by the due date may result in your booking being cancelled and the forfeiture of any deposit you have made.
a) Unless otherwise stated, payments are in Australian dollars.
b) All pricing is inclusive of goods and services taxes (GST), or other such value added taxes, where applicable. Other taxes may apply upon Check- in.
c) International Airfares do not have a GST component.
7.4 Payment Methods
We accept the following payment methods. Credit Card Payments is accepted through Bpay Only. Bpay invoice can be requested, and we can generate the Bpay invoice with the CRN number and Biller code.
Some medium of payments will require up to two (2) days to clear and appear in our account.
8. Changes in Price and Itineraries for Travel Products
- Prices for Travel Products displayed on our Website or otherwise communicated to you are provided as an indicative guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
- You should check all prices for Travel Products with us before acquiring Booking & Advisory Services. The Price of the Travel Products is not fixed until you receive confirmation from us that your booking is confirmed.
- In the event that the Travel Provider adds surcharges, fees or taxes in relation to your booking after you have booked your Travel Products with us, we will advise you of the proposed price increases. If you do not wish to incur the additional charges, you may cancel the Travel Product.
- In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed on our Website. You will be informed of this as soon as possible, to allow you to make a reservation at the correct price, if you wish to. In any case, you will not be entitled to claim compensation from us on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled subject to your rights under the Australian Consumer Law.
- We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you using the email address you provided at the time of booking or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever. In the unlikely event that your booking has to be cancelled, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking.
- If a Third-Party Travel Provider changes any part of your booking for reasons beyond its control, for example, if a Third-Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third-Party Travel Providers under the terms and conditions you agreed with them.
- It is your responsibility to re-confirm all flight departure times with the relevant airline/s prior to departure. Whilst we will endeavour to send e-mail notification of any changes to the original itinerary, we will not be liable for any costs incurred as a result of passengers missing any flight due to your failure to check your itinerary prior to departure.
9. Amendments and Cancellations
a) If you cancel your Travel Product, your right to a refund is subject to relevant Travel Provider T&Cs and any rights that you may have under the Australian Consumer Law. It is not within our power to decide whether you will be eligible for a refund for the cost of the Travel Product from the Travel Provider.
b) Cancellation and Refund can only be processed on filling the refund form on our website. No other medium is accepted to apply for refund.
c) Applicable only for Flight Deals: If you have booked our Flight Deals with more than one passenger, the bookings can only be cancelled as a whole booking. You will then have to cancel your group booking and then re-book your flights. The money that you have paid will be adjusted to the new bookings based on availability and price.
a) If you cancel you Travel Product, or amendments to your booking are otherwise required, we charge cancellation and amendment fees as per the Schedule of Fees. These fees reflect the work required to cancel the Travel Product and in the circumstances, reflects our best pre-estimate of the costs that we will incur managing this process. However, we will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or if the cancellation or amendment is required due to our error.
b) The Travel Provider may also charge cancellation and amendment fees in accordance with the relevant Travel Provider T&Cs. These fees will be in addition to the fees charged by Us. We are not liable to you for any cancellation fees, amendment fees or refusals made by the Travel Provider, subject to any rights you may have against us under the Australian Consumer Law.
9.3 We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the email address you provided at the time of booking, or via your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever, subject to the relevant Travel Provider T&Cs, a full refund will be made of all the monies previously paid to us to the person(s) who originally paid for the booking(less any fees charged by us under these Booking T&Cs)
10.1 Your entitlement to any refund will depend on the relevant Travel Provider T&Cs which will apply subject to any rights you may have under the Australian Consumer Law.
10.2 We strongly recommend that you read and understand these Booking T&Cs and all relevant Travel Provider T&Cs, before making the booking. Your booking may be non-refundable.
10.3 As you have booked through us, you should contact us in the first instance to discuss your rights and any request for a refund.
10.4 If your refund request is granted by the Travel Provider, the amount of refund will be the amount paid less and any fees charged by us and fees charged by the Travel Provider in accordance with the relevant Travel provider T&Cs.
10.5 If the Travel Provider is required to or otherwise agrees to provide you with a refund for the Travel Product, we will facilitate the refund between the Travel Provider and you. Once we have received the refund from the Travel Provider, we will pass it on to you as soon as practicable. Refund processing could take minimum six (6) months or more depending upon the Travel Provider.
10.6 No refund is provided on partially utilised tickets. Refunds due to medical reasons are very rarely given by the airlines as such Travel Insurance is highly recommended.
10.7 Gaura Travel shall only be liable to provide a refund to you to the extent that it actually receives a refund from the relevant Third Party Provider and to the extent that such a refund from the relevant Third Party Provider exceeds the Gaura Travel cancellation fees.
10.8 In a situation where an error is incurred by Gaura Travel then Gaura Travel shall only be liable to provide a refund to you to the extent of the value of the Travel Product that you have purchased from us (for example, you will only receive refund of the ticket value that you have purchased through us).
10.9 If you have a booking with us in relation to a Travel but you do not show up to check-in or otherwise do not avail yourself of the Travel Product, you will not be entitled to any refund from us, subject to any rights you may have under the Australian Consumer Law.
11.1 Liability of Agency and Limitation of Liability
a) Your legal rights in connection with our provision of Booking and Advisory Services are against us.
b) Subject to your rights under the Australian Consumer Law, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with:
i) any failure or delay on the part of the Travel Provider or any third party in relation to the supply of Travel Products to you;
ii) any acts or omissions of Travel Providers or third parties in the course of supplying Travel Products (including any liability in contract, tort, or otherwise, for any direct, indirect consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment);
iii) any technical errors, corruption of any data, unauthorized access to your personal data, inaccuracies in information supplied by third parties, or failure to complete bookings when that failure is due to circumstances beyond our control;
iv) use of (or inability to use) our website or any linked website;
v) disruption to our website;
vi) the delivery or non-delivery of the Travel Product or;
vii) any act or omission of Travel Providers or other third parties;
viii) disruption to our phone lines.
(c) Your rights with respect to a confirmed booking affected by an event of Force Majeure will be subject to the terms and conditions of the relevant Supplier.
11.2 Liability of Travel Provider
a) Your legal rights in connection with the provision of the Travel Product are against the Travel Provider.
b) You pay the Travel Provider (via us the agent) for providing the Travel Product to you. Once you have acquired Booking & Advisory Services from us, the Travel Provider will provide you with the Travel Product on the relevant Travel Provider TnCs.
c) The Travel Provider is the supplier of the Travel Products and is responsible for any express or implied guarantee in relation to the supply of Travel Products.
d) All information, including but not limited to representations that a Travel Provider makes on its brochures, relating to the Travel Provider or a Travel Product is provided by the Travel Providers or other independent third parties. We are not including the standard, class, or description of accommodation or service provided by Travel Providers.
e) Without limiting the disclaimer of liability in the previous paragraph, any obligation we have to you will be suspended during the time and to the extent that we are prevented from, or delayed in, complying with that obligation by an event of Force Majeure.
a) You are solely responsible for the suitability of any Travel Product that you purchase. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of the Travel Product, subject to your rights under the Australian Consumer Law.
b) We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking T7Cc and to the other Travel Provider T&Cs.
Except to the extent caused by our fraud, negligence or willful neglect, you agree to indemnify Gaura Travel and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any third parties as a result of:
a) your breach of these Terms and Conditions or the documents referenced herein.
b) your breach of any law or the rights of a third party; or
c) your use of this Website.
12. Force Majeure
12.1 Subject to any rights or remedies you may have under the Australian Consumer Law, we will not be liable for any failure or delay in providing you with Booking & Advisory Services in relation to Travel Products that is due to events beyond our control, including but not limited to acts of God, accident, riot, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy (force majeure event).
12.2 For the avoidance of any doubt, a force majeure event shall not include:
a) your (including third parties you may be booking for) financial distress nor the inability of you (including third parties you may be booking for) or us to make a profit or avoid a financial loss;
b) changes in market prices or conditions, or;
c) your (including third parties you may be booking for) financial inability to perform you (including third parties you may be booking for) obligations hereunder.
12.3 If a force majeure event occurs that affects your booking, your entitlement to a refund, credit or re scheduled travel bookings, will depend on the relevant Travel Provider T&Cs and will at all times be subject to any rights you have under the Australian Consumer Law.
12.4 If your booking is impacted by a force majeure event and your entitled to a refund from the Travel Provider, we will facilitate this refund to you as soon as reasonably practicable.
12.5 For the avoidance if any doubt, in the circumstance that a force majeure event occurs the following fees are non- refundable (subject to any right to a refund you may have under the Australian Consumer Law).
a) The service fees paid to us in respect of your booking.
b) Any other fees referred to in our Schedule of Fees.
13. Your Obligations and Warranties
13.1 You warrant and acknowledge to us that
a) You are at least eighteen (18) years old and have the power, capacity, and authority to enter into a binding contract with us and the Provider.
b) You have sufficient funds to pay for the Booking & Advisory Services and the Travel Product.
c) You have read and understood these Booking T&Cs and if booking on behalf of third parties, you understand that their booking is subject to these Booking T&Cs and all relevant Travel Provider T&Cs.
d) The information you provide us about yourself and third parties is true, accurate, current and complete (apart from any optional items) as required by any registration process.
e) You will maintain and promptly update this information to keep it true, accurate and complete.
f) You have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
h) You will use the Booking & Advisory Services in accordance with these Booking T&Cs and you will not use the Booking & Advisory Services in any way to breach any laws or defame any person.
i) You will be to the airport at least 3 hours prior to your flight departure.
14. Passports, Visas and Health Requirements
(a) All departing passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country you visit). It is your responsibility to ensure that you have at least six (6) months validity on your passport from the date you return from your departure.
(b) Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) The Australian Department of Foreign Affairs and Trade provides helpful information on applying for or renewing an Australian passport.
(d) It is your responsibility to ensure that you have the required documents including passports and visas, before travelling to a destination. For more information, please log on to www.dfat.gov.au and www.smarttraveller.gov.au. It is your responsibility to check with the respective Embassy or Consulate of each country that you are travelling to as many destinations require visas for both Australian and non- Australian passport holders. We recommend that you log on to Explore eVisas (joinsherpa.com) It is your responsibility to ensure that you have at least six (6) months validity on your passport from the date you return from your departure.
(a) A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
(b) Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) Visas are obtained from the issuing authority in Australia, usually an embassy. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
(d) To assist you, both in determining whether you require a visa and the processing of your application online via an affiliate link, please Explore eVisas (joinsherpa.com)
(e) For International travelers booked on flights to the USA, including Hawaii it is now mandatory under the Visa Waiver Program to receive an Electronic System for Travel Authorization(ESTA) no less than 72 hours before your intended travel date. This can be obtained from the following Website : https://esta.cbp.dhs.gov/esta/ It is your responsibility to ensure that you have obtained ESTA. Other countries may have similar requirement. It is your responsibility to ensure you have checked and obtained other relevant visas for other countries.
(a) We recommend before travelling that you check the Government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries (for example, the relevant Indian website is located at https://www.mohfw.gov.in/ and the relevant Australian website is located at www.dfat.gov.au/travel).
(b) If any Covid related restrictions are imposed to the countries you are travelling, we are not liable if you are unable to travel or denied boarding for any reason including visas/passport/ vaccination certificate/ Air Suvidha forms/ RT PCR tests certificate not in order.
(c) To assist you, in determining the travel restrictions in relation to COVID imposed by countries please visit out Travel restriction page on the website. https://gauratravel.com.au/travel-restrictions/.
(d) As well, please note that Government legislation prohibits the carriage of dangerous goods on aircraft. To view what these are and what is permissible to carry please go to http://www.casa.gov.au/operations/standard-page/dangerous-goods.
15. Travel Insurance
15.1 Your safety and enjoyment is important to us and we strongly recommend that you and any third parties you may be booking for obtain an appropriate travel insurance policy. A travel insurance policy may help cover any costs associated with cancellations, medical and repatriation expenses, personal injuries or accidents, death, loss of personal baggage or money, and personal liability insurance.
15.2 It is your responsibility to ensure that you are adequately protected by an appropriate travel insurance policy. We recommend you refer to the Australian Government advice on SmartTraveller in relation to travel insurance.
16. Website and Links
16.1 We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto our Website.
16.2 The applicable terms that apply to you are the Booking T&Cs that were in effect at the time you made your booking with us.
16.3 You acknowledge that the inclusion of links on our Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that our Website or any linked website will be free from viruses, or that our Website or any linked website will be uninterrupted.
16.4 We reserve the right to correct any errors in rates or content quoted or calculated for any Travel Product, with immediate effect. We will use reasonable endeavours to notify you of such corrections.
18. Complaints or Problems
We endeavor to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier.
If you fail to follow this course, any claim for compensation may be reduced or denied. If you have unresolved complaint, details should be lodged in writing directly to the company within 30 days of the incidence by filling in the complaint form at https://gauratravel.com.au/complaint-submission-form/.
We have no liability (including for loss or damage) or any act, omission, or default, whether negligent or otherwise of any merchant. If you wish to make a complaint, then fill the complaint form on Gaura Travel website.
19. Jurisdiction and Governing Law
19.1 All matters arising out of or in connection with the use of our website and all of these Booking T&Cs are governed by the laws of Victoria., Australia. By accessing this Website, and by acquiring the Booking & Advisory Services, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.