Terms and Conditions

Booking Terms and Conditions

General

Short Breaks Australia is operated by Holidays of Australia Pty Ltd (ACN: 148 001 969).

The website www.shortbreaksaustralia.com.au ("the Site" or “the Website”) is owned by Holidays of Australia Pty Ltd (ACN: 148 001 969). On the Short Breaks Australia website and in these booking conditions Short Breaks Australia and entities that are related to or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the "Company", " Short Breaks Australia ", " Holidays of Australia and the World” “we", "our" or "us" and a person taking advantage of the services offered by Short Breaks Australia, all other persons (if any) included with that person in the booking are included in the expression "you", "your", a "client" or "passenger". Short Breaks Australia reserves the right to amend the website at any time without notice. 

The following general terms and conditions apply to the use of the Short Breaks Australia website, all dealings with Short Breaks Australia and the ordering, purchase and fulfilment and delivery of products and services.

Please ensure that you read carefully the Booking Terms and Conditions before placing an order as you will be bound by these conditions should you choose to place an order through the website or our call centre.

Travel arrangements and prices detailed on our websites and all other advertising media are provided and coordinated by Short Breaks Australia and Holidays of Australia.

Short Breaks Australia and Holidays of Australia has taken due care and responsibility to verify and check all information on our websites and all other advertising media at the time of compilation, however, as this information is supplied by the relevant accommodation, tour, transfer and associated operators we accept no responsibility for any inaccuracy or misdescription contained in the publications.

Sales of services as contained in our publications are made by Short Breaks Australia and Holidays of Australia only as agent for the person, business or company providing the services. The standards of accommodation and other services chosen are based on various factors, which are generally accepted as indicative of a certain class.

Short Breaks Australia and Holidays of Australia does not accept responsibility for any change in prices or variation of services as shown, and all services and prices are subject to change without notice.

It is essential that you check with us, or your travel agent, for any changes or variations to the information shown on our websites. This will allow us to advise you, or your agent, of any such changes that we are aware of either before you book your holiday, or prior to your departure.

Short Breaks Australia – An Agent:

Short Breaks Australia sells bookings and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). 

Short Breaks Australia is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on the Short Breaks Australia website (“Travel Products”). 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. 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 have no control over, or liability for, the services provided by third parties.  We regret we cannot guarantee itineraries and the connections associated with any of our packages.  All bookings are made on your behalf subject to the terms of 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.

Agreement by User:

This agreement is between you and Short Breaks Australia. By visiting and/or using the Website you agree to be bound by the terms of this agreement ("agreement"). We may modify our terms and conditions without notice at any time where such amendment does not substantially affect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur. 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. 

Use of Website by you:

You agree that you will not engage in any activity that interferes with or disrupts the Short Breaks Australia website or the servers and networks that host the Short Breaks Australia website for any reason. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with our prior written consent. You agree not to, or attempt to, damage, trespass, disable or otherwise interfere with security-related features of the website.

Information on the Short Breaks Australia Website:

Information about offers on the Website may be based on material provided by third party businesses ("suppliers"). We do our best to verify the information provided to us by suppliers, but we cannot guarantee its accuracy on all occasions.

You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by suppliers.

You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. All imagery and video on the Website are for representational purposes only.

Capacity:

By making a purchase through the Short Breaks Australia website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to make a legally binding purchase on the website.

Placing an Order:

Purchases made by you to purchase a travel offer are made under the specific terms and conditions in this agreement, together with any suppliers-specific terms and conditions listed under the “Offer and Inclusions” of the offer, together with any specific terms and conditions of the suppliers. Promotion of offers on the site does not constitute a legally binding offer, but rather, are an invitation to treat.

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order.

Please note that as a general rule, we will not refund your purchase where you have made an error. In the event that we cancel or are unable to fulfil your order (including if accommodation, tours or travel related services have become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received except as required by law (including the Australian Consumer Law). We will not be liable to you for any other loss, such as any additional costs associated with you purchasing from another provider at a higher price.

Confirmation:

A completed booking (via the Short Breaks Australia website or direct with an agent) does not constitute a confirmation and we recommend that no additional arrangements are made and no flights booked until a complete travel itinerary and confirmation is received. A confirmation and full itinerary will be provided within 2-3 business days of the booking being received. 

Short Breaks Australia cannot accept any responsibility and will offer no compensation in the event that the additional arrangements are made prior to the confirmation and itinerary being received which will detail the travel dates that have been booked.

Pricing: 

The prices of offers include all taxes and charges, including GST (where applicable) and are listed in Australian Dollars except where stated otherwise. There may be additional surcharges which are payable directly to the hotel or tour operators which will be referred to in the relevant travel offer. Prices of products and services are current at time of display however are subject to change.

Making payment for your booking:

Bookings made on the Short Breaks Australia website must be booked and paid in full at the time of booking. Credit card payments are accepted with merchant fees applicable.

Credit card surcharges of 1.2% for Visa and MasterCard, 2% for American Express, and 3% for Diner’s Club will apply when paying by credit card. Debit card surcharges of 0.7% for Visa and MasterCard will apply when paying by debit card. For alternative payment methods please speak to your consultant as this can be arranged on a case by case basis depending on the product booked.

To avoid the payment of credit card fees, EFT transfers and cheques are accepted, however the funds must be cleared into the nominated Short Breaks Australia bank account by the due date of the final payment.

Holidays of Australia gift cards can be redeemed towards the balance of your booking if they are valid, and within the expiry date. Your consultant will require the gift card details in order to redeem this towards a booking.

Failure to provide complete payment details may result in your booking being cancelled without notice.

Travel Agreements and Travel Products:

Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and Short Breaks Australia which can only be varied by an officer of the Short Breaks Australia in writing.

All travel products arranged by Short Breaks Australia are provided by Suppliers believed by Short Breaks Australia to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and Short Breaks Australia accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against Short Breaks Australia.

Website Modifications and Updates:

Short Breaks Australia, the legal owner of the website, reserves the right to modify unilaterally, at any time and without prior notice, the information contained in this document, as well as the general terms and conditions published on the www.shortbreaksaustralia.com.au website. In these cases the information will be published and communications given as soon as possible.  Similarly, the right is reserved to modify the website’s appearance and configuration unilaterally, at any time and without prior notice. Access to the system used for this program may be suspended at any time due to maintenance work, for network security reasons or due to force majeure.

Short Breaks Australia does not guarantee that the contents of its website will be fully up to date, accurate and/or available at all times, although every effort will be made for this to be so. Despite the fact that Short Breaks Australia wishes to provide guests with continuous service through the website, this service may be interrupted for various reasons. In such cases and whenever possible, Short breaks Australia will attempt to inform users in advance, but accepts no responsibility whatsoever for any damages that users may incur as a result of interruptions to the service allowing access to the website.

E-Ticket - Booking Confirmation:

Your travel E-Ticket - Booking confirmation will be accessible via an email confirmation. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

The E-Ticket - Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not Short Breaks Australia, is the seller of the product and is solely responsible for honouring the package you purchase. Whilst we try (as much as possible) to ensure that we only promote those suppliers who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, packages cannot be combined with any other gift certificates, packages or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.

We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation's unique reference number.

Changes by You: 

Any change to your booking date must be made by contacting us by email or phone and is strictly subject to availability. A change fee of $50 per person applies plus any additional charges imposed by the operator. Please note that depending on the supplier booked we may not be able to offer an amendment if their terms and conditions restrict this.

Changes by Us: 

At the time of booking in the event we have to change any component to your itinerary due to schedule changes, unavailability or price increase due to supplier charges your package will be re-priced accordingly and you will be notified. In almost all cases, significant changes to your itinerary and even the cancellation of one or more parts of your holiday package will be due to factors which are outside our control, given we are not ourselves a provider of travel services. We will notify you of changes to your booking as soon as we can. We cannot accept any liability or pay any compensation where the services we have promised to arrange are significantly modified or cannot be provided at all or as promised as a result of circumstances which are outside of our control. We reserve the right to amend your travel documents if they do not match your booking due to our error or omission. 

Cancellations by You: 

Cancellation of a booking, or part thereof, will incur the following fees (plus any additional supplier charges). Payment of your booking is non-refundable and non-transferable. Once a booking has been made, no refunds will be made for any unused service. 

Itinerary and Fares are valid at the time of printing however, these can be subject to alteration and we reserve the right to alter fares in the case of unforeseen circumstances without notice. We can assist with changing your booking dates however, please see the “Changes by You” above.

Cancellations by Us:

If Short Breaks Australia or its operators cancel your holiday or part there-of, you are eligible for a refund for the cancelled component(s) only. Refunds will be credited to your credit card used at the time of purchase. 

Changes in Price and Itineraries:

Prices are in Australian dollars (except where stated otherwise) are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by Short Breaks Australia. Some prices can only be guaranteed at the time the booking is made and may differ from that quoted as it is based on the “best available rate of the day from the supplier”.

Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, Short Breaks Australia reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to our issuing your travel documentation following receipt of the balance of your price.

We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being affected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw, and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation, when accepted by a passenger within five (5) days of the quote being given. Short Breaks Australia reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.

Price and Invoice Errors:

Short Breaks Australia endeavours to ensure that all prices listed on the website and all other advertising media are accurate and up-to-date. However, due to factors outside of our normal control, Short Breaks Australia reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto Short Breaks Australia.

Short Breaks Australia reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.

Insurance:

You should immediately after purchasing any travel product arrange your own travel insurance. Short Breaks Australia recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses and theft. Short Breaks Australia makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold Short Breaks Australia responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

Room Bedding Guide:

All prices on the Short Breaks Australia website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking (for example, twin share, separate beds, additional rollaway beds may be arranged at time of check-in and additional charges may be payable direct to the hotel). Some hotels may also have maximum capacity for particular rooms.

Hotel check-in procedures:

When checking into hotels it is common procedure to present valid photo identification on arrival. Many hotels may also require a credit card pre-authorisation upon arrival as a security bond to cover any incidental expenses incurred during the stay (please note: the amount charged will vary, however some hotels will charge AU$100 per night upwards as a security bond). Cash is not accepted as a payment for the security bond.

Short Breaks Australia Gift Card Conditions

By purchasing, redeeming or attempting to redeem a Gift Card, you agree to the following terms & conditions.

Gift cards can be ordered online or at store. Delivery fees & the credit card fees will be advised at the time of processing the order. 

Gift cards are redeemable for holiday bookings at Short Breaks Australia/ Holidays of Australia; Valid for all product on www.shortbreaksaustralia.com.au & www.holidaysofaustralia.com.au. Gift cards cannot be redeemed solely on flights.

Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed. Not redeemable for cash; Must be redeemed before expiry date shown on the card (3 years validity from date of issue); will be void and will not be redeemed after expiry date; Cannot be reloaded; Is partially redeemable. 

Cash will not be given for any unused balance. Unused balance on expiry of this card will not be refunded or credited. Purchases exceeding available balance require difference paid by credit card at the time of booking. 

We reserve the right to change any terms contained in these Terms of Use at any time. Short Breaks Australia reserve the right to select which of these published terms & conditions will apply to your booking, speak with your consultant about which terms will apply to your booking.

Bookings by travel agent/operator:

If you are a travel agent or tour operator making a booking on behalf of clients, you acknowledge and agree that you and your client(s) are bound by these general booking conditions.

Automatic upgrades:

From time to time, travel service providers provide automatic upgrades.  It is your responsibility to advise us if you do not wish to be eligible for an automatic upgrade.

Limitations of Liability:

Short Breaks Australia arranges your holiday, which will be provided by other suppliers. Short Breaks Australia sells holidays in the Northern Territory that are arranged by Short Breaks Australia or by entities related to or affiliated with it. Short Breaks Australia provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services. Short Breaks Australia does not itself provide the transport, accommodation, meals or other facilities described on the Short Breaks Australia website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.

Short Breaks Australia bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You therefore commit to indemnify and hold harmless Short Breaks Australia against all damages or claims made by you. The above provisions do not apply to benefit Short Breaks Australia if the cause of the loss or claim against Short Breaks Australia arises directly as a result of a breach of any of these terms by Short Breaks Australia.

Indemnity:

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Standard of Service:

The standard of service in your holiday is based on various factors and neither Short Breaks Australia nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.

Complaints or Problems:

We endeavour 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 (such as the hotel, tour operator or airline). If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaints, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to Short Breaks Australia within 30 days of completion of your holiday.

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any suppliers. If you wish to make a complaint in respect of a supplier, please refer to www.shortbreaksaustralia.com.au.  

Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.

Intellectual Property:

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Communication by us:

As a condition of registering for Short Breaks Australia, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

• 'Administrative Emails' involve details of account activity and purchases you have made

• 'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

Special needs:

Should you have any special needs, you are required to inform us at the time of your booking.  Special needs include (without limitation) if you have any disability, illness disease or other condition, you have limited mobility, you have a service animal, you are pregnant, you need special help or any other circumstances exist which may make it difficult for you to use travel services.  If you fail to advise us of your special needs, we may not be able to book suitable travel services for you. To the extent permitted by law, you are responsible for ensuring that the travel services are suitable for your special needs.

Images:

All images on the Short Breaks Australia website depict authentic locations; their appearance on website does not indicate that these destinations will be included in your arrangements. Some images have been provided by or purchased from Photo Stock Libraries and our preferred suppliers.

Privacy:

By placing your order or otherwise contacting Short Breaks Australia, you agree that we may store, process and use data collected from your order for the purposes of processing your order. 

By placing your order or otherwise contacting us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Short Breaks Australia or Holidays of Australia and the World products that may be of interest to you.

You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.

No Short Breaks Australia or Holidays of Australia and the World employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Jurisdiction:

These general booking conditions are governed by the laws in force in South Australia.  You agree that, in the event of a dispute between you and us, any action you bring against us will be brought in South Australia, Australia.

Contacting us:

If you would like to contact us in relation to our booking terms and conditions please contact us at:

Mail

Short Breaks Australia

c/o Holidays of Australia Pty Ltd

Level 1/339 King William St

Adelaide SA 5000

Email

shortbreaks@holidaysofaustralia.com.au

Phone

1800 810 910

We may update our terms and conditions from time to time. Amendments will be published here.

Last updated 03 May 2023