Términos y condiciones

1. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded.

2. Agreement between Customer and Butler By The Sea Pty Ltd

The butlerbythesea.com website (the “Website”) is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings or otherwise transacting business with travel suppliers, and for no other purpose.

The terms “we”, “us”, “our”, and “Butler By The Sea” refer to BUTLER BY THE SEA Pty Ltd (ABN 58149050993). The term “you” refers to any person visiting the website and/or making a booking through this website or all persons named in a booking (including anyone who is added or substituted later).

3. Use of Website

As a condition of your use of this Website, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website only in accordance with this Agreement; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the terms and conditions that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a Butler by the Sea representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorized to provide such information.

4. Agency

We act as an agent for and sell travel related products and services as agent on behalf of, various travel service providers. The services we provide to you pertain to that agency relationship. We may receive financial and non-financial benefits from travel service providers when we sell their products and services to you.

Our obligation to you is to (and you authorise us to) facilitate travel bookings on your behalf, arrange relevant contracts between you and travel service providers, arrange travel documentation for the relevant travel bookings, and procuring refunds, travel credits or other forms of compensation where available.

Subject to your rights under the Australian Consumer Law, we exercise care in the selection of reputable travel service providers, but we have no control over, or liability for, the products and services provided by third parties, and we cannot guarantee the performance of any travel service provider. Subject to your rights under the Australian Consumer Law, we do not warrant the accuracy, completeness, or fitness for a particular purpose of any products or services provided by any travel service provider and to the maximum extent permitted by law disclaim all implied warranties in connection with same. Subject to your rights under the Australian Consumer Law, we accept no responsibility or liability for any failure or delay on the part of any third party in providing travel products or services to you where your booking has been properly processed by us. Subject to your rights under the Australian Consumer Law, we are not responsible or liable for any acts or omissions of third parties in relation to any travel products or services booked on your behalf.

Bookings made on your behalf are subject to the relevant travel service provider’s terms and conditions, including conditions of carriage and limitations on liability. You must read these prior to finalising your booking. We can provide you with copies of the relevant terms and conditions on request. Subject to your rights under the Australian Consumer Law, once the bookings have been made, you will have a contract with the relevant travel service provider, and your legal rights in connection with the provision of the relevant travel product or service are against the relevant travel service provider and, except to the extent we are at fault, are not against us.

5. Prohibited Activities

The content and information on this Website (including, without limitation, price, and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, you agree not to:

• (i) use this Website or its contents for any commercial purpose;
• (ii) use another person’s name, ID or password without permission or use this Website while impersonating another person;
• (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
• (iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
• (v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission from us, except where permitted by law;
• (vi) post or transmit any unlawful, threatening, defamatory, obscene, or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time.

6. Supplier Rules and Restrictions

Additional terms and conditions will apply to your booking and purchase of travel-related goods and services. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant supplier’s rules and restrictions regarding availability and use of goods or services.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant hotel are unrelated to any payment made through the Website for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in the cancellation of your booking(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.

7. Changes in Price and Itineraries

Quotes: written quotes are valid for 3 days. Verbal quotes are estimates only.

Your price is fixed: once our supplier confirms your booking, its US dollar (USD) price is fixed and will not increase before you travel, even if the resort raises its rates. The only exception is a new or increased government tax or levy (for example the Maldives Green Tax) introduced after your booking is confirmed, which we may pass on at cost.

Exchange rates: because your price is fixed in USD, the Australian dollar (or your own currency) amount of any later payment depends on the exchange rate on the day you pay. You can remove this risk by paying in full at any time.

8. Currency and Exchange Rates

Quoting currency: Resort prices and written quotes are expressed in US dollars (USD), the currency in which our resort partners contract with us, wherever you live. The amount you pay is the equivalent of the USD amount on the day you pay. Card payments are processed in Australian dollars (AUD); if your card is issued outside Australia, your bank will convert the AUD charge to your own currency at its own rate and may add a foreign-transaction fee (see “Bank and Credit Card Fees”).

How rates are applied: When you pay by card, the USD amount due is converted to AUD at the mid-market rate published by Open Exchange Rates at the time of payment. The rate, its timestamp and the resulting AUD amount are shown to you before you confirm, and are recorded on your receipt and invoice. For customers outside Australia we also show an indicative amount in your own currency at the same mid-market rate; the figure on your card statement is set by your bank and may differ slightly.

Payment timing: Payment is requested only after a Butler by the Sea specialist has confirmed availability and issued a written quote. Website guide prices are indicative and are not a confirmed booking or guaranteed availability.

Deposits and balance: The deposit amount is stated on your written quote. The balance of the total booking price is due 45 days before arrival, or earlier if shown on your quote. Deposits secure your services but don’t fix the exchange rate; because your quote is fixed in USD, the AUD amount of any later payment will reflect the exchange rate on the day that payment is made.

Card payments: We do not add a card surcharge or deduct our payment provider’s card processing fees from a refund. The cancellation and refund conditions disclosed for your booking still apply, subject to your rights under applicable consumer law.

Refunds and credits: Refunds of amounts originally quoted in USD are converted back into AUD on the day they’re processed. Because of exchange rates and bank/issuer charges, the AUD you receive may be different from what you originally paid. Any bank/issuer fees are your responsibility.

Dynamic Currency Conversion: If your bank or card provider applies their own currency conversion at the point of sale, their rates and fees will apply. Unfortunately, we have no control over these.

9. Booking, Cancellation and Amendment Charges

If you want to change any details of your itinerary (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes can be made. Please contact us at hello@butlerbythesea.com

Deposit: your deposit is non-refundable. It covers our work in planning and confirming your booking and our supplier's own deposit.

Cancellation charges, counted from your arrival date:

These are our standard charges. If your quote or booking confirmation shows different cancellation conditions set by the supplier for your booking (for example a non-refundable rate), those conditions apply instead.

• 45 days or more before arrival: loss of your deposit.
• 44 to 31 days before arrival: 50% of the total booking cost, or your deposit if that is greater.
• 30 days or fewer before arrival: 100% of the total booking cost.

Cancellation administration fee: where a refund is due after you cancel, a cancellation administration fee of 3% of the amount refunded applies, however you paid. If we or a supplier cancel your booking, no administration fee applies.

How to cancel: email hello@butlerbythesea.com from the person who made the booking, giving the booking reference and the full names of every traveller being cancelled. Your cancellation takes effect when we receive your email.

Moving your booking: before 45 days prior to arrival, we will do our best to move your booking to new dates or another resort with your deposit carried across, subject to availability and our supplier's agreement. The new booking is priced at the rates available at the time and our amendment fee applies. From 45 days before arrival, bookings cannot be moved and the cancellation charges apply.

There is no refund after travel has started or for unused services.

Items booked separately, such as flights, are subject to their own supplier's cancellation fees, which can be up to 100% of their price.

10. Force Majeure

Subject to section 12 (Changes or cancellation by us or a supplier) and your rights under the Australian Consumer Law:

• Force Majeure events may result in cancellation or modification by suppliers or us;
• Where a supplier cancels, refunds/credits are subject to supplier policies;
• We are not responsible for additional losses (flights, insurance, etc.);
• Any recoveries will be passed on once received;
• Credits may depend on supplier issuance

11. Amendments made by you

We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil. If after confirmation of your booking, you wish to change your itinerary or departure date, an amendment fee of USD 50 per change will be charged. Such fees will be in addition to any fees levied by hotels, ground operators, airlines or other service providers and suppliers.

12. Changes or cancellation by us or a supplier

If we or a supplier need to make a significant change to your booking or cancel it, we will tell you as soon as possible and offer you, at no extra cost: a comparable alternative (with any price difference refunded if it costs less) or a travel credit for the full amount you have paid, valid for 2 years. If you accept neither, we will refund the amounts you have paid, less any amount our supplier does not return to us, subject to your rights under the Australian Consumer Law. No cancellation or administration fee applies in this case.

13. What's not included in the price

Air fares, domestic airfares, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour directors, motorcoach drivers, and local city guides, items of a personal nature, excess baggage, expenses, fees, or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The customer is liable for these items.

14. Specials

Special offers may be displayed on this Website. Such special offers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available. Additional terms and conditions may apply to special offers, which may include minimum nights stay and specific travel dates. You must check this Website to determine whether any terms and conditions apply

15. Late Bookings

For bookings that need urgent or out-of-hours arrangements, a late-booking fee of up to USD 50 may apply. We will show it on your quote before you confirm.

16. Gift vouchers

Gift vouchers are valid for 3 years from the date of issue. The issue and expiry dates are shown on each voucher. Gift vouchers can be used for accommodation, meal plans, transfers, tours and excursions, but not for flights, and cannot be exchanged for cash.

17. Travel Insurance

We strongly recommend you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time. You should arrange your own insurance.

On request, we will provide a letter to support a travel insurance claim. Issuing the letter does not cancel your booking.

You agree not to hold us responsible for any decision of insurers, or the requirements of any foreign government, authority, foreign law, or policy.

Butler by the Sea may receive a commission from Cover-More if you purchase a policy after following a link on our website. We do not provide insurance advice; please read the provider’s Product Disclosure Statement and Target Market Determination before deciding whether a policy is right for you.

18. Scuba Diving

It is the responsibility of the party to ensure that all rules and guidelines for flying after diving are met.

19. Passports and Visas

It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of a country’s immigration and other government authorities. For more information please log on to: www.dfat.gov.au or www.smartraveller.gov.au.  Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders.  For more information, log on to www.visalink.com.au.  You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.

International travellers booked on flights to the United States, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an electronic authorisation known as ESTA (Electronic System for Travel Authorization) no less than 72 hours before travel to the USA.  This can be obtained from the following website: HTTPS://ESTA.CBP.DHS.GOV/ESTA/

It is your responsibility to ensure that you are aware of any health requirements for your travel destinations.  Vaccinations are strongly recommended for certain destinations.  You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.

20. Travel Advice and Warnings

We recommend that you log on to: www.dfat.gov.au or www.smartraveller.gov.au  for general travel advice on the countries to which you are travelling.

The Australian Government in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to Australian passport holders not to travel to countries in certain circumstances. In these instances, whilst travel to some countries is not advisable and some clauses of the travel insurance coverage may not be effective, we appreciate that some clients may still need to travel to those areas. Whilst we are prepared to make these bookings on your behalf we do so without responsibility or liability.

21. Government Requirements

It is your responsibility to comply with the terms, conditions and requirements of any governmental authorities, and to bear all costs or losses incurred as a consequence of you not complying with them.

22. Travel Documents

Travel documents (such as 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) 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 holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. Any errors in names, dates and timings on your documents will be your responsibility if not advised at the time of booking.

23. Privacy Policy

We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy, which is available online for viewing at www.butlerbythesea.com/privacy and is incorporated into these terms.

24. Disclaimer

Subject to your rights under the Australian Consumer Law, to the maximum extent permitted by law, Butler by the Sea, the directors and consultants, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Butler By The Sea. Subject to your rights under the Australian Consumer Law, all such information, software, products, and services are provided “as is” without warranty of any kind.

Subject to your rights under the Australian Consumer Law, any hotel ratings displayed on this Website are intended only as general guidelines, and we do not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. Subject to your rights under the Australian Consumer Law, to the maximum extent permitted by law, Butler By The Sea and their respective suppliers make no guarantees about the availability of specific products and services. Butler By The Sea and their respective suppliers may make improvements and/or changes to this Website at any time.

Subject to your rights under the Australian Consumer Law, the carriers, hotels, and other suppliers providing travel or other services through this Website are independent parties and not agents or employees of Butler by the Sea to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Subject to your rights under the Australian Consumer Law, Butler By The Sea, except as set out in section 12, to the extent permitted by law, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Subject to your rights under the Australian Consumer Law, Butler by the Sea will not be liable for events beyond its control or the control of the suppliers including, without limitation, strikes, accidents, pandemics or outbreaks of infectious diseases, acts of war or terrorism, civil or military disturbances, or force majeure (Acts of God)

25. Our liability

Subject to your rights under the Australian Consumer Law, our total liability to you for any booking is limited to the amount you have paid to us for that booking. Where an international convention applies to a supplier's services (for example the Montreal Convention for air travel), our liability and the supplier's may be limited by that convention.

26. Indemnification

You agree to defend and indemnify Butler By The Sea and their respective suppliers and any of their directors and consultants from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• (a) your breach of this Agreement or the documents referenced herein;
• (b) your violation of any law or the rights of a third party; or
• (c) your misuse of this Website.

27. Links to Third-Party Sites

This Website may contain hyper links to websites operated by parties other than Butler By The Sea. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

28. Currency Converter

If a currency converter is available on the Website, the following terms and conditions apply:

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Butler by the Sea does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

29. Bank and Credit Card Fees

Many card companies charge their account holders a transaction fee when the card issuer and the “merchant location” (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank

30. Governing Law

If any dispute arises in relation to these Conditions, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and waive any right that you may have to object to an action being brought in those courts.

31. Interpretation

In these Conditions, reference to the singular include the plural and vice versa and words importing a gender include other genders.

32. Your responsibilities

• You acknowledge that you are 18 years of age or older and have sufficient funds to pay for the travel products and services.
• You understand and agree with these Terms & Conditions and our Privacy Policy.
• If you are booking on behalf of others, you warrant that you have conveyed these terms and conditions to them.
• You warrant that you understand and agree with the above terms and conditions and our privacy policy and you agree to be bound by those.
• You agree that you are responsible for checking the accuracy of all travel documentation provided to you and will contact us within 48 hours if any of this information is not correct.
• You agree that you are responsible for contacting the Airline at least 72 hours prior to travel to confirm the details of your travel.
• You warrant and acknowledge that you have accessed the Smartraveller website www.smartraveller.gov.au for any specific enquiries in relation to your intended destination.
• You agree that your passport, visa, and other required identification documents are your responsibility