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Terms & Conditions

Welcome to Mykish Travel. These Travel Service Provider Terms and Conditions (“Terms”) outline the legal framework for your relationship with us when we facilitate your travel arrangements with third-party providers. By engaging our services or making a booking, you agree to be bound by these Terms.

These Terms apply to all bookings made directly with our travel consultants (in person, over the phone, or by email), as well as online bookings. We will consider the individual making the booking as having the authority to act on behalf of all other travellers listed, and that person will commit all such travellers to these Terms.

1. ABOUT US

1.1.    We are Mykish Travels PTY LTD of 5 Magenta place Wishart 4122 QLD, Australia with ABN: 37681907380 (“Mykish Travel”, “we”, “us”, or   “our”).
1.2.   We operate the website at www.mykishtravels.com.au (our “website”).
1.3.   To contact us, please email info@mykishtravels.com.au, or write to us at the addressabove.
1.4.   These Terms were last updated on Friday, 27th of June, 2025.
1.5.   The following documents are also part of these Terms:
         1.5.1.    Our Privacy Policy
         1.5.2.   Our Cookie Policy
         1.5.3.   Our Privacy Policy (Services)
         1.5.4.   Our Terms of Use
         1.5.5.   Our Competition Terms
         1.5.6.   Our Travel Insurance Policy Documents
         1.5.7.   Our Brochure Terms and Conditions
         1.5.8.   Our Booking Terms and Conditions
         1.5.9.   Our Gift Card Terms of Use
         1.5.10.    Our Payment Policy
         1.5.11.     Our Feedback/Complaints Policies

2. OUR ROLE AS YOUR TRAVEL AGENT

2.1.     Mykish Travel acts solely as an independent travel agent. This means our primary function is to arrange and facilitate the sale of travel products and services – such as flights, accommodation, tours, cruises, and car hire – on behalf of independent thirdparty supplier (“Suppliers”). These Suppliers include airlines, hotels, tour operators, and other service providers who directly provide the travel services to you.

2.2.     When we make a booking for you, your contract for the provision of the specific travel product or service is directly with th relevan Supplier(s). Mykish Travel does not own, control, or operate any of the travel products or services that you book. Our responsibility  limited to providing ou booking and advisory services to you, whichwe will perform with reasonable care and skill.

2.3.     All bookings made through us are subject to these Mykish Travel Terms, as well as the distinct terms and conditions, policies, and rules of the relevant Supplier(s). It is your responsibility to read and understand both our Terms and the Supplier’s terms and conditions, which are often available on their websites or upon request. We will provide you with information on where to find   these Supplier terms.

3. RESPONSIBILITY OF SERVICE PROVIDERS

You acknowledge that the travel products and services you book (e.g., flights, hotel stays, tours) are provided by independent third-party Suppliers. Each Supplier operates under its own terms and conditions, policies, and rules, which will govern your relationship with them. The Supplier is solely responsible for the safe, proper, and timely provision of their specific service, including but not limited to, the operation of flights, the quality of accommodation, the safety of tours, and the fulfilment of any other service contracted. Mykish Travel has no control over the operations or policies of these independent Suppliers and, therefore, accepts no liability for any acts, omissions, defaults, or negligence on the part of any Supplier or any other third party. Your legal rights and remedies concerning the delivery, quality, or failure of the travel services are directly against the specific Supplier(s) providing those services, not Mykish Travel.

4. THIRD-PARTY CONTENT AND INFORMATION DISCLAIMER

4.1.    Any information provided by Mykish Travel, including in brochures, on our website, or through our consultants, regarding travel products and services (such as descriptions of hotels, tours, or airlines) is based on information supplied to us by the relevant thirdparty Suppliers. While Mykish Travel exercises reasonable care to ensure the accuracy and currency of such information at the time of publication or communication, we do not have personal knowledge about all facilities or services provided by each   Supplier. We do not independently verify all information provided by Suppliers and cannot guarantee its absolute accuracy, completeness, or suitability.

4.2.   You acknowledge that facilities, services, prices, or other aspects described in thirdparty content (e.g., Supplier websites, brochures) may change without notice, or may contain errors or omissions. Mykish Travel disclaims all liability for any loss, damage inconvenience, or expense you may suffer in reliance on information provided by Suppliers or other third parties, or for any errors, omissions, interruptions, or inaccuracies in such information. We recommend that you verify all critical information with the relevant Supplier directly before or at the time of booking, and remain aware that conditions can change.

5. PRIVACY RELATED TO THIRD-PARTY SHARING

Mykish Travel collects, uses, stores, and discloses your personal information strictly in accordance with our Privacy Policy. By utilising our services, you consent to such collection, use, storage, and disclosure. You acknowledge that to facilitate your travel arrangements, it is necessary for Mykish Travel to share your personal information with third-party Suppliers (e.g., airlines, hotels, tour operators) and other service providers (e.g., payment gateways). These Suppliers and providers may be located in, or transmit your data to, countries outside of Australia where privacy laws may differ. While we take reasonable steps to ensure that our service providers adhere to Australian privacy standards where they perform services for us, you understand that the handling of your personal information by Suppliers (who are providing services directly to you) will be governed by their own privacy policies and terms. Mykish Travel is not responsible for the privacy practices of third-party Suppliers. For comprehensive details on how we collect, use, store, and disclose your personal information, including to overseas recipients, please refer to our Privacy Policy.

6. TRAVEL DOCUMENTS

Travel documents are confirmations (electronic or physical) for your arrangements (e.g., airline tickets, hotel vouchers, tour confirmations). These are often subject to conditions: nonrefundable, unchangeable dates, or fees for alterations or cancellations. They are nontransferable. Airline tickets must precisely match passport/photo ID names. Any discrepancies in names can lead to booking issues, cancellations, and extra fees. You must review documents carefully upon receipt and notify us within 24 hours of any errors. Failure to do so may result in additional charges or loss of booking. If booked with a consultant, you are responsible for collecting documents prior to travel (typically 2 weeks before departure). For online bookings, retain electronic records or print documents. Check baggage allowances, as these vary; excess baggage costs are your responsibility. We disclaim liability for baggage-related expenses or issues.

7. TRAVEL INSURANCE

7.1.     We strongly advise obtaining comprehensive travel insurance covering cancellation,medical/repatriation expenses, personal injury, death, loss of luggage and money, and personal liability. We may request proof. Credit card or reciprocal medical cover is often not comprehensive. DFAT strongly recommends travel insurance for all overseas travel. Your consultant can offer general information. For details on services and quotes, refer to the insurer’s Combined FSG/PDS and TMD.

7.2.   Mykish Travel is an authorised representative of [Your primary travel insurance provider’s name] (“[Insert]”) and receives benefits      when you purchase travel insurance through us from [Insert]. We and [Insert] are authorised to arrange travel insurance products on behalf of t  insurer, [Insurer’s Name, ABN, AFSL]. [Insert] possesses a binding authority from MSI to issue insurance contracts and to handle or settle claims as MSI’s agent.

7.3.    You must read the insurer’s Combined FSG/PDS and TMD before purchasing, ensuring it meets your needs and financial situation.  These documents detail conditions, limits, exclusions, cooling-off period, and privacy/complaints procedures. To insurance or for questions, contact us. Declining insurance may require signing a disclaimer.

8. PASSPORTS AND VISAS

8.1.    It is your sole responsibility to ensure that you and all members of your travelling party have valid passports, visas, and re-entry permits, and comply with all health and vaccination requirements for all countries you intend to visit or transit through. Most countries require passports to be valid for at least six (6) months beyond your intended return date. Any fines or expenses due non-compliance are your responsibility. We can provide general information, but recommend verifying requirements with relevant  embassies, consulates, and government health authorities well in advance. For Australian citizens, DFAT(www.smartraveller.gov.au) offers comprehensive travel advice.

8.2. For travel to or transiting through the United States, consulthttps://esta.cbp.dhs.gov for ESTA pre-registration information. For Canada http://www.cic.gc.ca/english/visit/eta.asp for eTA details. For the United Kingdom (from 8 Jan 2025), refer https://www.gov.uk/guidance/apply-for-an-electronictravel-authorisation-eta for ETA information. We advise applying for ESTA/eTA/ETA before booking if eligibility concerns exist.

9. Health

You must be aware of health requirements and precautions, carrying necessary vaccination documentation. Failure to present required proof may deny entry. Consult your doctor, travel medical service, or vaccination clinic before travel. DFAT (www.smartraveller.gov.au) provides general health advice. Accommodation of medical requests (e.g., power, refrigeration, mobility aids) is at the travel service provider’s discretion and depends on factors like transport modes and local standards. These requests are beyond our control. While we note all requests for providers, we cannot guarantee fulfilment. It is your responsibility to follow up directly with the provider.

10. PRICES

All prices are subject to availability and can be withdrawn or adjusted without notice. A price is guaranteed only once fully paid and confirmed by the Supplier. Prices may change even after a deposit due to factors outside our control: currency fluctuations, increased taxes/levies/charges, fuel surcharges, or supplier price increases. We will notify you of significant changes. If a substantial price increase (e.g., >10%) occurs before final payment, you may cancel for a refund (less non-recoverable supplier costs and our administration fees). Consult your consultant for current pricing.

11. FINANCIAL ARRANGEMENTS

Mykish Travel receives various forms of remuneration (commissions, fees, rebates, etc., referred to as “financial arrangements”) from third-party travel service providers, card issuers, and payment service providers for booking services on your behalf. We are entitled to retain these benefits and are not legally required to disclose their specific nature or value.

12. TAXES

Airline taxes can change and are confirmed when your ticket is issued. Some airports may levy a local tax.

13. SERVICE GUARANTEES

Our booking and advisory services come with Australian Consumer Law (ACL) guarantees: provided with due care and skill, reasonably fit for purpose, expected to achieve desired result, and provided within a reasonable time. If we fail, you have ACL rights.

14. DEPOSITS AND FINAL PAYMENTS

A deposit, specified at the time of booking, is required to secure your reservation. This deposit is generally non-refundable for ‘change of mind’ or if the Supplier’s terms deem it nonrefundable. The balance is due by the date on your invoice/confirmation. Failure to pay may result in booking cancellation and forfeiture of deposit/fees. Some products may require full payment at booking. For full details on deposits, payments, and our policies, please refer to our Payment Policy.

15. OUR CHANGE AND CANCELLATION FEES

All requests for changes or cancellations must be made to Mykish Travel in writing. You will be liable for supplier fees (up to 100% of booking cost) and Mykish Travel’s amendment/cancellation processing fees, regardless of travel commencement. Our service fees Travel Service Provider Terms and Conditions are generally non-refundable. For full details on applicable fees and our policies, please refer to our General Booking Terms and Conditions.

16. TRAVEL SERVICE PROVIDER CHANGE AND CANCELLATION FEES

Suppliers may change or cancel itineraries, prices, or other aspects due to operational reasons or unforeseen circumstances. Changed or cancelled bookings may incur supplier fees (up to 100% of cost). We will assist in seeking refunds/alternatives from the supplier, subject to their terms. Refunds from Suppliers can take considerable time (e.g., up to 12 weeks or more) and will only be passed on to you once received by Mykish Travel. We are not responsible for Supplier delays. For full details on supplier change and cancellation policies, please refer to our General Booking Terms and Conditions.

17. CHANGES OR CANCELLATIONS BY YOU

All requests for changes or cancellations must be made to Mykish Travel in writing. You will be liable for supplier fees and Mykish Travel’s fees, and potential price increases. For full details on customer-initiated changes and cancellations, please refer to our General Booking Terms and Conditions.

18. CHANGES OR CANCELLATIONS BY A TRAVEL SERVICE PROVIDER

Suppliers may change or cancel itineraries due to operational reasons or unforeseen circumstances. Mykish Travel will use reasonable endeavours to notify you of significant changes. In such events, we will assist in seeking a refund or alternative arrangements from the Supplier, subject to their terms. Our service fees for the original booking are non-refundable. For full details on supplier-initiated changes and cancellations, please refer to our General Booking Terms and Conditions.

19. UNAVOIDABLE OR EXTRAORDINARY CIRCUMSTANCES (FORCE MAJEURE)

19.1. Mykish Travel and suppliers are not liable for loss, damage, delay, or non-performance caused by an “Unavoidable or Extraordinary Circumstance”. This means events beyond reasonable control, unforeseen and unavoidable. Examples include acts of God (e.g., cyclones, floods, earthquakes), extreme weather, natural disasters, government acts (e.g., travel restrictions), war, epidemics, technical transport problems, airport closures, volcanic eruptions, or fire.

19.2. If a supplier cancels/alters your booking due to such circumstances: We will liaise with the supplier to ascertain your options (e.g., refund, credit, rebooking). Refunds/credits from suppliers are subject to their force majeure policies. Some may offer future travel credits instead of cash, or refunds may be delayed/partial. Mykish Travel is not responsible for supplier performance or your incurred costs (e.g., extra accommodation). Your travel insurance may be your primary recourse. Our service fees are non-refundable. For full details on unavoidable or extraordinary circumstances, please refer to our General Booking Terms and Conditions.

20. PRODUCT DESCRIPTIONS

Brochure product descriptions are based on current international hotel guides and supplier information. Included facilities can change. Tour dates, durations, and departure times are approximate. Accommodation/service standards are based on generally accepted Travel Service Provider Terms and Conditions classifications; Mykish Travel does not guarantee specific standard, class, or fitness for purpose.

21. MAPS AND PHOTOGRAPHS

Maps are for general information only and may not reflect actual routings, locations, or services. Photographs show geographic areas but may not be included in your holiday. Hotel room photos are representative; actual rooms may vary. Many images are courtesy of tourist bureaus, hotels, and tour operators.

22. PAYMENTS

Mykish Travel accepts payments via ANZ, Commonwealth Bank (CBA), National Australia Bank (NAB), and Westpac. Payments made by credit or debit card may incur a non-refundable merchant service fee (surcharge) which will be clearly disclosed before processing. You authorise us to charge all monies payable to your designated card. If payment fails, you must pay immediately upon demand. For full details on accepted payment methods, surcharges, and payment processing, please refer to our Payment Policy.

23. FEEDBACK AND COMPLAINTS

We value your feedback and are committed to resolving any complaints fairly and efficiently. For details on how to lodge a complaint and our process for handling it, please refer to our dedicated Feedback/Complaints Policy.

24. BAGGAGE

Carriers publish baggage allowances (cabin and checked), usually by weight or piece system. Check your allowance carefully, as exceeding it may incur charges. Carriers also publish safety notices for prohibited/restricted items; inquire with your chosen carrier about applicable requirements.

25. PRE-DEPARTURE CONTACT

Provide your Mykish Travel consultant a reachable phone number or address within 24 hours prior to your departure from Australia.

26. SPECIAL REQUIREMENTS

Discuss any special requirements (e.g., dietary, seating, room type, disabled access) with your Mykish Travel consultant.

27. FREQUENT FLYER OR OTHER LOYALTY PROGRAMME

Provide your frequent flyer/loyalty programme details for booking inclusion. Check your programme’s terms. We cannot guarantee points or benefits (e.g., status credits, lounge access) from the supplier; it’s your responsibility to verify eligibility

28. SCHEDULE CHANGES

We recommend contacting the airline directly to confirm your scheduled departure time 24 hours prior to your flight.

29. MONIES NOT HELD ON TRUST

You agree that monies paid to us are generally not held on trust for you. We may hold them in any account, including commingled funds. Funds become Mykish Travel’s property and a debt payable to the provider per our agreements. Payment to providers typically occurs before services, but sometimes after. For IATA airline flights, monies might be held on trust for that airline. If we hold funds, refunds are processed only upon receiving funds and authorisation from the provider. For full details on the handling of monies and refunds, please refer to our General Booking Terms and Conditions.

30. MYKISH TRAVEL CREDIT

All Mykish Travel credits are subject to their specific terms. For full details on Mykish Travel credits, including their validity, usage, and conditions, please refer to our General Booking Terms and Conditions.

31. MODIFICATIONS OF THESE TERMS

We reserve the right to modify any of these Travel Service Provider Terms and Conditions at any time without prior notice. Amended terms will be published on www.mykishtravels.com.au and effective upon posting. Applicable terms are those in effect when you make a booking (including using Credit).

32. OTHER IMPORTANT TERMS

32.1.   We can transfer our rights and obligations under a contract to another organisation, but this won’t affect your rights or our obligations under these Terms. We will notify you on this webpage if this happens.

32.2.   You can only transfer your rights or obligations  under these Terms to another person if we agree in writing.

32.3.   This contract is between you and us. No other person has any rights to enforce its terms.

32.4.   Each part of these Terms operates separately. If any court or relevant authority decides that any part is unlawful or unenforceable, the remaining parts will still be valid and in effect.

32.5.   If we don’t insist that you perform your obligations under these Terms, or if we don’t enforce our rights against you, or if we delay in doing so, that doesn’t mean we have given up our rights and doesn’t mean you don’t have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that won’t mean we automatically waive any later default.

32.6.   No joint venture, partnership, agency, or employment relationship has been created by these Terms.

32.7.   These Terms and any documents specifically mentioned in them form the entire agreement between us regarding their subject matter and replace all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or spoken. You agree that you have no remedies regarding any statement, representation, assurance, or warranty (whether innocent or negligent) that is not set out in these Terms or any document specifically referred to in them. You also agree that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document specifically referred to in them.

32.8. Both you and Mykish Travel agree to comply with all applicable laws, regulations, and industry standards relevant to our respective obligations and dealings under these Terms.

32.9. If any dispute arises, the laws of Queensland, Australia, will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Brisbane, and waive any right to object to legal proceedings there. If disputes/claims arise, you agree to first try good faith discussions with us. If not resolved within sixty (60) days, then both parties irrevocably submit to the exclusive jurisdiction of Brisbane courts.

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