Terms and conditions for travel businesses:

Your terms and conditions document serves to protect you in case of a dispute or misunderstanding with a client, and ensures a professional presence for your business in today’s competitive market.

Ensure your clients understand your terms and agree to be bound to them before booking with your travel business. You should go through these conditions and their itinerary with them carefully, as well as providing them with essential trip information particular to their trip.

What needs to be covered in my terms and conditions?

Some important points to cover would usually include:

Validity of travel dates:

  • State that dates and itineraries are valid until a particular date of any given year and that beyond that they are indicative only.

Passports and visas:

  • It may seem obvious, but you need to include a term that all travellers must have a valid passport for international travel, and that some countries require that passport have 6 months validity from the date of return (or longer).
  • Let the client know it is their responsibility to ensure they hold the correct visas if needed, and that you are able to help them acquire visas but it will be at an extra charge.
  • State that fines, penalties, payments or expenditures due to these documents not meeting the requirements of the particular country will be the clients’ responsibility (unless there was fault on your part).
  • Include that if the client is travelling through the United States they will need a valid ESTA.

Travel insurance:

  • Make travel insurance mandatory for your clients and that it must be taken out at the time of booking, and suggest a minimum coverage amount and inclusions. Make sure your clients read and understand the travel insurance they purchase.
  • Make reference to www.smartraveller.gov.au for general travel advice and safety alert levels relating to specific destinations.

Health and age requirements:

  • Ensure the client understands they are responsible for carrying out all recommended vaccinations and precautions prior to travel, and taking documentation of such with them if necessary.
  • You may set a minimum age limit for travellers booking through your service.
  • Require all travellers under the age of 18 be accompanied by a parent, guardian or appointed escort.

Prices:

  • Explain that prices are subject to availability and may be withdrawn, inflated, or have added surcharges, and the conditions surrounding when this may occur, who is responsible to pay, and under what circumstances cancellation with refund is allowed.

Deposits and final payments:

  • Require the client to pay a deposit when booking per person per trip in order for that booking to be confirmed, and that final full payment is required no later than 56 days prior to departure unless otherwise stated.

Booking fees and charges:

  • Things like credit card surcharges, payment declines, and paypal charges should be clearly set out.

Change and cancellation fees:

  • Change or transfer fees – if the client wants to change dates or transfer their booking to a third party it is reasonable to charge approximately $200 per transfer (in addition to charges levied by hotels, ground operators or airlines) if you are notified at least 56 days prior to proposed departure date. If you are notified later than this date your refund cancellation fee may apply.
  • Administration fee in relation to other changes may also be included.

Inclusions and Exclusions:

  • List exactly what the land price of the client’s trip does and does not include.

Cancellation:

  • By client – explain that fees will apply and suggest cancellation insurance.
  • Supplier change and cancellation fees – this can be complicated so set out in your terms and conditions clearly.
  • Cancellation by your business – when and why would this occur?

Liability:

  • Include a very detailed liability clause protecting your business, related bodies, directors, employees and agents.

Privacy policy:

  • Make sure you include a statement about how the client’s private information may be used throughout the booking process, and a link to your privacy policy.

This is just a taste of what terms and conditions may look like for a travel business. If your travel business is new, or needs an updated terms and conditions document, please don’t hesitate to contact us at Sinclair + May.

This is general advice only. Liability limited by a scheme approved under Professional Standards Legislation. 

Published Oct 8, 2018

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