PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES
WHO WE ARE AND HOW TO CONTACT US
Starts at 60 group websites including www.startsat60.com, www.travelat60.com, travel.startsat60.com, club.startsat60.com and startsat60.club are websites (each a Site and collectively the Sites) operated by Starts at 60 Pty Ltd (ACN 168 338 289) (SAS) and/or a group company (including Travel at 60 Pty Ltd (ACN 615 812 121)) from time to time (we, us and our).
To contact us, please send an email to [email protected] or telephone our customer service line on (07) 3139 0760 during business hours (9am to 4pm Monday to Friday).
BY USING OUR SITES YOU ACCEPT THESE TERMS
- use the Sites;
- join as a member of Starts at 60, Travel at 60 or Starts at 60 Club; or
- register for a Starts at 60 event.
From time to time we may invite you to participate in feedback surveys, online surveys and/or focus groups.
If you do not agree to these terms, you must not use our Sites.
These terms must be read in conjunction with any other applicable terms and conditions governing the use of the Sites.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Sites, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITES
We may update and change our Sites from time to time to reflect changes to our products, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITES
Our Sites are made available free of charge.
We do not guarantee that our Sites, or any content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons.
Without limiting the foregoing, we reserve the right to restrict, suspend or terminate without notice your access to the Sites, or any feature of the Sites, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. These terms will nevertheless survive any such termination.
If we believe, in our absolute discretion, that you are in breach of these terms, we may take any action that we deem is reasonably necessary to remedy such breach or protect the Sites in the circumstances, including without limitation:
- suspending or terminating your registered account and access to the Sites;
- removing any content uploaded by you to the Sites; and
- commencing legal proceedings to prevent you from using the Sites.
ELIGIBILITY TO USE OUR SITES
Our Sites are directed to users who are at least 18 years old and are residing in and using the Sites within Australia. We do not represent that content available on or through our Sites are appropriate for use or available in other locations. If you access our Sites from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Sites from your location.
STARTS AT 60 MEMBER CENTRE SERVICES
SAS will provide the “startsat60 member centre” (SAS Member Centre) for all users who sign up to the SAS Membership on our Sites.
Use of the Site is free, however where prices are quoted on our Sites or communications then such prices are inclusive of GST. Unless otherwise specified by the relevant third party supplier, postage or delivery is not included in any purchase of products and/or services on the Sites.
We provide over-60s with a range of membership benefits including access to third party / supply partner offers and product for sale through our marketplace. These can be suspended at management’s discretion at any time. The supply of goods and services by third parties / supply partners is subject to the relevant terms and conditions of that third party / supply partner.
SAS Membership is being launched as a free product/service. We reserve the right to charge for this product/service in the future. SAS membership benefits, terms and conditions may be amended or revoked at our discretion. You acknowledge that the products and services available under SAS Membership may be modified by us from time to time (including, without limitation, any pricing).
In order to access areas of the Sites that require registration by becoming a registered members, or to register as a member of the SAS platform, you will be required to register an account with us using your email address or through a third-party service and, if required, by selecting a password for your account.
In registering your account with us to access the SAS Member Centre, you acknowledge and agree that:
- any email address you register with us will be your email address;
- you are solely responsible for all activities that happen under your account, including maintaining the security and integrity of any chosen password ;
- you will not provide any false personal information to us, or create an account for anyone other than yourself without that person’s express permission;
- you will not create more than one personal account.
CHANGES TO YOUR MEMBERSHIP DETAILS
Your SAS membership details can be changed by you online via your member login. To make any changes to your account or membership with any of the SAS third party suppliers, you will need to contact these companies directly.
You can also cancel your SAS membership by contacting our team on (07) 3139 0760 during business hours (9am to 4pm Monday to Friday). We reserve the right to suspend or cancel your SAS membership and associated emailers at any time in our absolute discretion (including without limitation where you have breached these terms), provided that we give you prior notice of such suspension or cancellation.
OFFERS & ADDITIONAL PRODUCTS
SAS members will be provided with the option to purchase or opt into other products and services in addition to their SAS membership. Purchases of these additional products and services will be billed and managed separately to any of our services.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of registering your account with us or our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you has access to your account, you must promptly take all steps necessary to secure your account and notify us at [email protected] or on (07) 3139 0760 during business hours (9am to 4pm Monday to Friday).
HOW YOU MAY USE MATERIAL ON OUR SITES
We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others to content posted on our Sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Sites.
DO NOT RELY ON INFORMATION ON THE SITES
This Sites are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the Sites, including without limitation as to accuracy, timeliness, availability or completeness.
The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date, nor do we undertake to keep information on the Sites updated.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Sites contains links to other Sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
The Sites may include information and materials uploaded by users of the Sites, including to bulletin boards, comment sections and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Sites do not represent our views or values.
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, order forms and other interactive features such as commenting sections (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other user’s or other person’s (post) content or materials (collectively, User Contributions) on or through the Sites.
All User Contributions must comply with the content standards set out in “Content Standards” clause of these terms.
Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with the content standards in the “Content Standards” clause of these terms.
You are solely responsible for securing and backing up your content.
Where the Sites permit User Contributions you represent and warrant that:
- you own or control all rights in and to your User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
- all of your User Contributions do and will comply with these terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at [email protected] or on (07) 3139 0760 during business hours (9am to 4pm Monday to Friday).
The content standards in these terms apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. When you submit User Contributions, including when you provide content or participate in any interactive forum on the Sites, you must conduct yourself in a dignified and respectful manner. Any language, conduct or behaviour deemed inappropriate will be reported to us and we may terminate your account or membership. In particular, you warrant that your User Contributions will not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
- be likely to deceive any person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- cause inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Sites, you must comply with the content standards in this clause.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
LIMITATION OF LIABILITY
In no event will we, our affiliates, group companies or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Sites, any websites linked to it, any content on our Sites or such other websites or any services or items obtained through our Sites or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, group companies, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Sites, including, but not limited to, your User Contributions, your use of any information obtained from the Sites and any use of the Sites’ content, services and products other than as expressly authorised in these terms.
Details contained in the Sites relating to goods or services (including without limitation, travel products) have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details in the Sites concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Sites.
All information contained in the Sites is general in nature and does not constitute financial advice. Before entering into any transaction or making any decision in connection with any purchase or sale of financial products (or similar) on the Sites, we recommend you obtain independent advice to take into account your particular objectives, financial situation and individual needs.
For the avoidance of doubt, we have no liability for any act, error or omission or for any loss, cost, damage, expense or liability arising out of or in connection with the supply of any goods and/or services by a third party to you through the Sites. To the maximum extent permitted by law, we exclude all implied terms, conditions, guarantees, representations and warranties arising out of or in connection with the supply of any goods and/or services by a third party to you through the Sites.
Please refer to the terms and conditions (including, limitations and exclusions of liability) that apply to the supply of any goods and services by a third party supplier (and in respect to the booking of any travel products, that apply as set out in our Booking Terms & Conditions).
WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Sites will be secure or free from bugs or viruses. We are not liable to you or anyone else if interference with or damage to your computer system and/or mobile device occurs in connection with the use of the Sites, except where liability is made non-excludable by legislation. You must take your own precautions to ensure that whatever you select for your use from the Sites is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems and/or mobile device.
You are responsible for configuring your technology to access our Sites. You should use your own virus protection software.
RULES ABOUT LINKING TO OUR SITES
You may link to our home page or any other page of our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in the “Content Standards” clause.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Sites must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Sites other than that set out above, please contact us at [email protected] or on (07) 3139 0760 during business hours (9am to 4pm Monday to Friday).
OUR TRADE MARKS
“Starts at 60” and “Travel at 60” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under these terms. Other names, logos, product and service names, designs and slogans on the Sites are the trade marks of their respective owners and are used by us under licence.
You may use the Sites only for lawful purposes and in accordance with these terms. You agree not to use the Sites:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in the “Content Standards” clause of these terms;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us in our absolute discretion, may harm us or users of the Sites or expose them to liability.
Additionally, you agree not to:
- use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
- use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
- use any manual process to monitor or copy any of the material on the Sites or for any other unauthorised purpose without our prior written consent;
- manipulate or interfere with any reviews, posts, information or other content posted by other users on the Sites;
- attempt to circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- use any device, software or routine that interferes with the proper working of the Sites;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites;
- bypass measures we may use from time to time to prevent or restrict access to the Sites;
- attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Sites.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
These terms, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and we both agree that the courts in Queensland, Australia will have non-exclusive jurisdiction.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Sites. All such additional terms and conditions are incorporated by this reference into these terms.
Booking Terms & Conditions
Last updated 02 January 2020.
Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Travel at 60 Pty Ltd supported by various industry partners. Where bookings of travel products are made on your behalf through third party operators (such as but not limited to wholesalers, tour operators, cruise lines and airlines), references to “us”, “we”, and/or “our” in these booking terms and conditions shall also mean and include the relevant third party supplier on behalf of Travel at 60 Pty Ltd.
These terms and conditions apply to bookings you make with our travel consultants (over phone or by email) as well as online bookings you make on our website.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.
PASSPORTS & VISAS:
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport.
When assisting with an international travel booking, we will assume that all travellers on the booking have a valid Australian passport. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let your travel consultant know. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. Our travel consultants can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances should be produced to us on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Your travel consultant can provide information to you about travel insurance. For details of the services they provide, including a quote, please refer to their Financial Services Guide/Product Disclosure Statement.
Please ask your travel consultant if you have any questions about Travel at 60’s travel insurance products. If you purchase travel and decline travel insurance, you may be required to sign a disclaimer.
Please note some countries (such as New Caledonia in Dec 2018) may refuse entry to guest who do not hold travel insurance covering medical expenses and repatriation. Please note some tour or cruise operators may require all guests or all guests over a certain age to have current travel insurance and may request evidence of such insurance.
We recommend that you contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your travel consultant for up-to-date prices.
You will be required to pay a deposit or deposits when booking. This will consist of supplier deposit plus $100 Travel at 60 deposit. Your travel consultant will advise you of how much that will be. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law).
Final payment is required no later than 6 weeks prior to departure unless otherwise stated. Some airfares or services must be paid in full at the time of booking.
You will be advised of final payment due date at time of booking confirmation.
AIR CHANGE AND CANCELLATION FEES:
Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings (including online bookings and bookings made with a travel consultant):
- Changes to Domestic/Trans-Tasman bookings will incur a fee of $30 per passenger per booking in addition to supplier fees.
- Cancellations to Domestic/Trans-Tasman bookings will incur a fee of $50 per passenger per booking in addition to supplier fees.
- Changes to International bookings (excluding Trans-Tasman bookings) will incur a fee of $75 per passenger per booking in addition to supplier fees.
- Cancellations to International bookings (excluding Trans-Tasman bookings) will incur a fee of $300 per passenger per booking in addition to supplier fees.
Any fees for such change or cancellation must be made via credit card and will attract the applicable credit card surcharge.
Some airlines can take up to 6 weeks to process refund payments. We will not provide a refund to you until we receive the funds from that supplier.
SUPPLIER CHANGE AND CANCELLATION FEES:
Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Please note, some suppliers have non-refundable, non-changeable policies.
Where we incur any liability for a supplier cancellation fee for any booking which you change (including name changes) or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
Travel at 60 CHANGE AND CANCELLATION FEES:
Cancelled bookings incur the following fees:
Outside 30 days – full refund (subject to above supplier change and cancellation fees)
Inside 30 days – $100 per person
PAYMENTS BY CREDIT CARD AND DEBIT CARD:
Credit card surcharges of 1.3% for Visa, 1.3% for MasterCard & 1.8% for American Express will apply when paying by credit card.
Debit card surcharges of 1.3% for debit card Visa and 1.3% for debit card MasterCard will apply when paying by debit card. You authorise us to charge all fees incurred by you in relation to the services provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
PAYMENTS BY CHEQUE:
Please note that cheque payments (excluding bank cheques) require about 5 business days to process. If you are paying by this method you will need to make the payment at least 5 business days prior to the actual due date.
Work on your booking will not proceed until the cheque has cleared funds into our trust account. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees, before refunding the balance to you.
Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.
We act as an agent for and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators, as well as wholesalers. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, 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.
To the extent permitted by law, neither Travel at 60 Pty Ltd nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
Please liaise with your travel consultant on 1300 414 198, regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access. Special requests should be made at time of booking to ensure we are able to deliver the right outcome.
When booking with one of our travel consultants, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. If you are booking online, please insert these details in the space provided for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier will credit you with points for your booking.
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. If you have booked with a travel consultant, it is your responsibility to receive and check all travel documents prior to travel.
As a general rule your travel documents will be emailed at least 2 weeks prior to departure, however this will depend on your individual arrangements. Please contact your travel consultant to confirm when your travel documents will be ready.
If you have booked online, you should print out and retain your travel documents as provided to you by the website (or in a follow up email we send you).
We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight.
MONIES NOT HELD ON TRUST:
All monies paid by you to us will be the property of Travel at 60 Pty Ltd and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided (except for monies paid for flights with an IATA airline, which might be held on trust for that IATA airline). You agree and acknowledge that such monies will be held by us on trust for and on behalf of you. In accordance with ATAS requirements Travel at 60 maintains a separate client account in which all client funds are held and accounted for separately to any other funds.
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia and waive any right that you may have to object to an action being brought in those courts.
Starts at 60 Marketplace – Consumer Terms & Conditions
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure all third party online stores are accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and the third party supplier sends you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), the vendor may choose not to fill the order, but they will be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If the vendor can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices may vary from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments by paypal and credit card. We may also accept payment by other means in the future.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
- Discounts and Coupon Codes
You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.
Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
- Postage and delivery
Our Vendors post products to within Australia only. They may use delivery service providers to help get the products to you.
You agree to pay postage fees as calculated at checkout.
As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs the vendor will contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
The delivery service providers may change their fees from time to time, and so you acknowledge and agree that the vendor can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
- Dispatch Timeframes
The vendors will process all orders within 48 hours of receipt of payment. Once an order is processed, they will do their best to dispatch orders on the same business day or the next business day.
We ask for your patience as this handling period may vary, for example, if they have a high volume of orders.
You acknowledge that we’re not liable for any delay in dispatch of your order.
- Delivery Timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 7 days, unless advised otherwise.
- Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to the vendor, the vendor reserves the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
- Orders Lost in Transit
If you’re concerned that your order has been lost or misdelivered, we ask that you contact the vendor as soon as possible, so that they can investigate. You understand that while they’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that any liability is limited to the amount of any compensation the vendor is able to recover from the delivery service provider, less reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised the vendor or their agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask the vendor to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If the vendor accepts a return of any goods, risk in those goods will revert to the vendor on confirmation of receipt of the returned goods. We recommend you insure goods you return to the vendor against loss or damage in transit.
- Events beyond control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect the vendor’s ability to dispatch your order, you release the vendor from any obligation to dispatch your order while those circumstances continue. While they continue, they may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If they expect a major delay, they’ll contact you to discuss a suitable solution.
- Advice and information
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
- Australian Consumer Law
All goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
- replacement of the product;
- repair of the product;
- payment of the cost of having the product repaired; or
- such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at [email protected]
- Refund Procedure
If your goods are damaged or defective in any way on delivery, please contact the vendor on the marketplace store from which the product was ultimately purchased. If you need help please contact us on [email protected] as soon as possible to arrange a suitable remedy, such as return, exchange or refund with the vendor.
Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 30 days
- Intellectual property
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
- Dispute resolution
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue with the vendor to our mutual satisfaction quickly, cheaply and efficiently. If the vendor is not able to resolve it within thirty (30) days, they’ll go to mediation in the state they are operating from (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either you or the vendor can ask the mediator to terminate the mediation and the mediator must do so.
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
As the vendors are based in the state they are operating from, these terms will be governed by the laws of the state they are operating from. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If you do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of the state they are operating from and courts of appeal from them.
This document was last updated: 12/08/2020Return to top of page.