Oleh Kalion (ABN 91 990 184 734) trading as "Australia Travel Design"
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘Customer’, ‘you’) and Oleh Kalion (ABN 91 990 184 734) trading as Australia Travel Design (‘the Planner’, ‘we’, ‘us’ or ‘our’), concerning your access to and use of our travel planning services and the website www.australiatraveldesign.com.au (the ‘Website’).
By engaging our services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using our services.
2. NATURE OF SERVICE (ITINERARY PLANNING ONLY)
2.1 Scope: We provide bespoke travel research, consultancy and digital itinerary creation (PDF or online format) through Australia Travel Design.
2.2 No Booking Service: We are not a travel agent. We do not book flights, accommodation, tours, transport or any other travel-related services.
2.3 Independent Action: All bookings must be made by you directly with the third-party providers. We do not handle payments to third-party suppliers and do not act as their agent. We are not responsible for the performance, quality or availability of any service provider mentioned in your itinerary.
3. AUSTRALIAN CONSUMER LAW (MANDATORY GUARANTEES)
3.1 Statutory Guarantees: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). 3.2 Service Standards: We guarantee that our planning services will be provided with due care and skill, will be fit for the purpose made known to us and will be delivered within a reasonable time. 3.3 Remedies: For a major failure with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion. For minor failures, we will rectify the issue within a reasonable time.
4. FEES AND REFUNDS
4.1 Price List: Fees are charged according to our current price list based on the duration of travel and number of travellers.
4.2 Payment: Full payment is required before the final itinerary is delivered.
.3 No Refund for Change of Mind: Under the ACL, we are not required to provide a refund if you simply change your mind after the service has been performed or the final itinerary has been delivered.
4.4 Cancellations: If you cancel your request after work has commenced but before the final product is delivered, a cancellation fee (calculated based on hours worked) will apply.
5. FORCE MAJEURE & ‘GOOD KARMA’ POLICY
5.1 Definition: Force Majeure refers to events outside our control, including but not limited to bushfires, floods, storms, pandemics or government-mandated closures.
5.2 Itinerary Impact: As a Planner, a natural disaster does not prevent us from delivering a digital document. However, if a Force Majeure event makes your planned destination inaccessible:
• We will provide one (1) complimentary revision of your itinerary to a different Australian region or different dates within 12 months of the original delivery.
• This revision credit is offered at our discretion to support your travel experience and maintain goodwill.
6. ACCURACY OF INFORMATION & ‘LOCKED GATES’
6.1 Third-Party Info: We rely on information provided by third parties (e.g. National Parks, Google Maps, local businesses). While we take care to verify details, we cannot guarantee that opening hours, prices or road access will remain unchanged.
6.2 Disclaimers: We are not liable for ‘locked gates’, sudden park closures or businesses that have ceased trading without public notice. We provide information as it is available at the time of drafting.
7. LIMITATION OF LIABILITY
7.1 Financial Cap: To the maximum extent permitted by law, our total liability to you for any claim arising out of our services is limited to the total amount paid by you to us for that specific service.
7.2 Consequential Loss: We are not liable for any indirect or consequential loss, including but not limited to the cost of pre-paid flights, accommodation or loss of enjoyment resulting from your reliance on the itinerary.
7.3 No Liability for Physical Risk: Travel involves inherent risks. We are not liable for any personal injury, property damage or death occurring during your trip.
8. TRAVEL DOCUMENTS & INSURANCE
8.1 Responsibility: It is your sole responsibility to ensure you hold a valid passport, necessary visas and entry permits for Australia.
8.2 Insurance: We strongly recommend you purchase comprehensive travel insurance. We are not liable for any financial losses that would have been covered by a standard travel insurance policy.
9. INTELLECTUAL PROPERTY
9.1 Ownership: All content on the Website and the itineraries provided to you remain the intellectual property of Oleh Kalion (Australia Travel Design).
9.2 Usage: You are granted a licence to use the itinerary for personal, non-commercial use only. You may not reproduce, resell or distribute the itinerary to third parties without our written consent.
10. PRIVACY
10.1 Data Collection: We collect your name and contact details solely to provide the service. We do not collect health, allergy or passport information.
10.2 Compliance: Your data is handled in accordance with the Privacy Act 1988 (Cth).
11. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of the State/Territory in which the Planner resides. Any disputes shall be subject to the exclusive jurisdiction of the courts of that State/Territory.