Terms and Conditions

VINTAGE TRAVEL CENTRE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Vintage Travel Centre Pty Ltd trading as Outback By Air. Your access to and use of all information on this website including purchase of our services is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

We welcome your comments and feedback. Comments and feedback can be made by contacting us at info@outbackbyair.com.au.

Outback By Air Operates under Oberon Aviation Services Pty Ltd Air Operators Certificate (AOC). The AOC number is CASA.TAAOC.0390.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our pricing information can be accessed from our website and we reserve the right to amend our prices at any time.

Product Descriptions

3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis description, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Making your Reservation

5. You can make a reservation online through our website or by contacting us at info@outbackbyair.com.au. After completing the guest reservation form, to secure your booking, a non-refundable 10% deposit of the total cost of the tour will be required.
6. The initial deposit and the completed and signed reservation form secures your place on the tour. You must acknowledge that you have read, understood and agreed to the Terms and Conditions of Outback By Air.

Booking Details

7. For ALL Outback By Air reservations we require a non-refundable deposit of 10% of the cost of your chosen tour.
8. The remaining balance of your tour is to be received 28 days (4 weeks) prior to departure on your journey.
9. Reservations made less than 28 days before departure are to be paid in full upon booking.
10. Outback By Air reserves the right to treat any reservation as cancelled where the full fare payment is not received by the due dates. All funds received will be subject to normal cancellation fees.
11. Outback By Air will permit the transfer of from person to person, however the tour depart date, tour number and booking type (twin share or single share) must remain the same. Booking transfers must be requested in writing with the consent of both the original passenger/s, the original passenger twin share partner and the new passenger/s.

Reservation Cancellations

12. Cancellation policies are strictly enforced as we must make firm reservations for you as part of the tour for appropriate accommodation, transport and specified tours. The reservations we make for you on the tour are subject to cancellation fees.
13. The following cancellation fees apply:

Notification Period	Cancellation Penalty
More than 28 days	Loss of 10% deposit
28-14 days	50% of total costs
14 days or less	100% of total costs
Failure to join a tour or leaving once tour has departed	100% of total costs

In the event of extenuating circumstances, cancellation policy leniency can be requested in writing by the booking holder. Outback By Air will consider the true cost of cancellation and may revaluate cancellation penalties.

14. All cancellations are to be advised to Outback by Air in writing. We strongly recommend you to take out travel insurance to cover against cancellation fees should you need to cancel your trip due to unforeseen circumstances. Cancellation fees are calculated on the day that written notice is received by Outback By Air.

Reservation Cancellations by the Company

15. a) Outback By Air endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as charter flight services, day tour partners, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and as a result Outback By Air reserves the right to cancel or amend holiday packages/excursions accordingly.
16. b) Force Majeure means the occurrence of an event that is beyond Outback By Air’s reasonable control and which could not have been reasonably includes, but is not limited to: (i) armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (ii) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (iii) nuclear or other industrial accident causing environmental pollution or contamination; or (iv) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.

c) Minimum passenger numbers, Outback By Air requires a minimum passenger number for each to be viable. In the event of tour not reaching the minimum passenger Outback By Air reserves the right to cancel the tour.

Outback By Air shall not be liable for any loss or damage in respect of the above 3 terms of cancellation, this includes the cost of pre & post travel arrangements that passengers may have arranged. All payments made by a passenger for cancelled tours will be refunded in the event of cancellation, or passengers my elect to be transferred to an alternative tour. Any cost difference with the newly selected tour is required to be paid (or refunded in the case of a lesser amount).

Alterations to Travel Arrangements

16. Outback By Air reserves the right to substitute aircraft without notice. While every effort will be made to provide the tour offered, Outback By Air reserves the right to change or cancel any part of the tour for any reason. Outback By Air will have no liability, obligation or responsibility where delays, cancellations, price increases or other alterations have been caused by circumstances beyond its control. This may include (but not be limited to) natural disasters, weather conditions, transport problems, industrial action, terrorist attack and airport closures.

• • Outback by Air Tours are a weather dependent activity. This means, that at times when the cloud and visibility is below a required minimum, or there is inclement weather, we may need to delay a flight or transport guests via private ground transfer to another port to meet the aircraft. This ensures that our passengers always have a great view of the landscape as well as ensuring we are always operating within Civil Aviation Safety Authority (CASA) regulations.

Travel Insurance

17. We strongly recommend booking travel insurance on the day of making your deposit with Outback By Air. Travel insurance is to be arranged externally by guests (you), to cover you for such things as damaged property, accident or illness, lost travel documents or baggage and cancellation fees. Not taking travel insurance will require a written letter to Outback by Air confirming you are not covered by travel insurance as a declaration stating that it is preferential for you to not take out travel insurance and release indemnity of outback by air.

General Information

18. Approximately three weeks before departure on your journey and after receiving full fare payment, you will receive all appropriate documentation. This includes full itinerary, recommended clothing, a company contact list for friends and family, temperature guide and details of departure. Any other relevant travel details from us will be sent at this time.

What is Included in your Tour

19. All travel as outlined in your itinerary.
20. All accommodation & specified tours and sightseeing. All breakfasts, lunches & dinners. Porterage, entry fees, transfers and the services of local hosts and professional crew.

Not included in your Tour

21. Items that are of a personal nature such as travel insurance, medical expenses, laundry, excess baggage, beverages, telephone calls, personal accident and all extra communication charges we incur on your behalf.
22. Domestic and international flights to join or complete your journey with us.

Acknowledgements

23. It is important to note that traveling with Outback By Air requires a degree of flexibility, grace and understanding that accommodation, forms of transport, itineraries and tours may change due to without notice, circumstances beyond our control i.e. weather conditions, flight delays, road blockages and the like. We reserve the right to amend, cancel or vary tours, accordingly. Exact arrival and departure times cannot be guaranteed however, we endeavour to always do our best and give you the trip of a lifetime.
24. Participants must comply with our advice and directions at all times, for matters relating to the tour.
25. Personal legal compliance from participants is required while on tour. You agree at all times to act respectfully and decently with all other participants and crew, the general public and the environment. We may cancel your participation in the tour without any liability if any of these terms and conditions is breached.

Photography and Videography Consent

26. Outback By Air, from time to time, may use photographs taken on tour by our crew members and guests for promotional purposes and more. This includes using them for things such as advertising, the website, marketing materials, pamphlets and the like. As a guest of Outback By Air it is hereby acknowledged that you consent to these images being used by Outback By Air. If you do not wish to have your photos used for these purposes please notify us in writing prior to your tour departure.

Liability

27. In respect of personal injury or death, Outback By Air has limited liability to circumstances and amounts as prescribed by legislation. The company shall not be liable to the tour participants or any other persons to consequential loss or damage or any other loss of any kind, directly or indirectly arising from any act, negligence, or any other causes in connection with provision or non-provision of carriage by Outback By Air, or any transport, or service.

Site Access

28. When you visit our website, we give you a limited licence to access and use our information for personal use.
29. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
30. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
31. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

32. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
33. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

34. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
35. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

36. Outback By Air has full confidence in the professionalism of the tour operators, tour partners, and associates. It is our sole goal to ensure utmost service is delivered on tour. However, we act solely as an agent between clients and local tour operators and thus cannot accept any responsibility for their services. In the unlikely event that a dispute may arise it will be handled through the jurisdiction of each respective operator’s place of business.
37. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

38. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
    • (i) Schedule 2 of the C&C Act; and
    • (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.

Limitation of Liability

39. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
    • (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    • (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • (iv) We do not participate in any way in the transactions between our users.

Indemnity

40. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

41. If a Force Majeure event causing delay continues for more than 7, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

42. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
43. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

44. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
45. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website, outbackbyair.com.au.
46. The participants (you) acknowledge that the collection of personal booking information taken by Outback By Air will be added to the company’s mailing list for future communications. The company respect all participants’ personal privacy and will not share private information with any third parties.

COVID Policy

Outback By Air is committed to providing Outback Tours that showcase the amazing Australian Outback whilst keeping your safety as our number one priority. To ensure you are able to travel safely during these times we have developed a COVID-19 Policy as detailed below. Our policy is followed by our crew and passengers, in the lead up to, as well as whilst on tour.