Booking Terms and Conditions
BYOjet (“us”, “we” and/or “our”) provides online travel booking services (including flight, hotel and car hire) and other travel related services (the “Services”) to travellers throughout the world via our websites, apps and other platforms (the “Platforms”).
Our Services and Platforms are provided by Jetescape Pty Ltd trading as BYOjet, a public limited company incorporated (ASX:FLT) and registered in Australia with Australian Business Number (ABN) 68 145 039 470, Australian Company Number (ACN): 145 039 470. Other entities that directly or indirectly control, are controlled by, or are under common control with BYOjet and referred to in these terms as “BYOjet”. You can find our details, including correspondence address and registered office, on our Company Details page.
Please read the following "Booking Terms and Conditions" carefully, as they contain important information about your legal rights, remedies and obligations. You must not make any booking unless you understand and agree with the following Booking Terms and Conditions. References to "you" and "your", in these Booking Terms and Conditions mean the customer.
By making any booking, you agree to comply with and be bound by these Booking Terms and Conditions. These Booking Terms and Conditions apply to any bookings you make with our consultants (in-store, over the phone or by email) as well as online bookings you make on our website.
We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking Terms and Conditions.
1. Passports & Visas:
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. For international travel bookings, you must let us know if you have less than 6 months validity on your passport or if you do not have a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid passport which is valid for the relevant destination and transit point. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let your consultant know or, for online bookings, contact us. We can provide you with general information only on visa and passport requirements that apply to international travel bookings you make with us. Our consultants can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). For online bookings, you can contact our visa partner directly. We do not warrant the accuracy or suitability of information provided by any external service provider and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling to the United States please see the ESTA website for important information regarding compulsory pre-registration for their visa waiver program ("ESTA"). If you are not an United States passport holder you will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
If you are travelling to Canada please see CIC for important information regarding compulsory electronic travel authorization for visa-exempt foreign nationals ("ETA"). If you are not a Canadian passport holders you will not be able to enter Canada without a valid ETA (or visa or permit) from 15 March 2016. Please note, you may not meet the eligibility requirements of ETA and may be required to obtain a visa or permit.
We urge you to apply for an ESTA or ETA prior to booking an airfare if you have any concerns about whether or not you might be eligible for an ESTA or ETA.
2. Travel Documents:
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a travel service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable, and/or subject to cancellation and/or other change fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional change and/or cancellation fees. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. If you have booked with a consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents will be available for collection 2 weeks prior to your departure date, however this will depend on your individual arrangements. Please contact your consultant to confirm when your travel documents will be ready for collection. If you have booked online, you should retain your electronic record or you should print out and retain your travel documents as provided to you by our website (or in a follow up email we send you). Please ensure you retain the most up-to-date version.
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline and country to country. Excess baggage (if your airline allows it) can be expensive and is your responsibility. We will not be liable for any expenses, fees, penalties, costs, liabilities, damages or losses associated with baggage allowances and excess baggage.
3. Travel Insurance:
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. We recommend that your insurance policy, as a minimum, provides cover for:
Evidence of such insurances should be produced to BYOjet on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive. Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Your travel consultant can provide general information to you about travel insurance. For details of the services that travel insurers provide, including a quote, please refer to the travel insurer's Financial Services Guide ("FSG")/Product Disclosure Statement ("PDS").
3.1. Australia and New Zealand We are an authorised representative of CoverMore Insurance Services Pty Ltd (ABN 95 003 114 145) ("CoverMore") and receive financial and non-financial benefits when you buy CoverMore travel insurance products through us. We and CoverMore are authorised to provide you with general advice about, and arrange, travel insurance products on behalf of the insurer, Zurich Australian Insurance Limited (ABN 13 000 296 640, AFSL 232507).
Please contact your consultant, visit Cover-More to take out travel insurance through us or if you have any questions about Cover-More's travel insurance products. If you make a travel booking through us and decline travel insurance, you may be required to sign a disclaimer.
3.2. All other jurisdictions BYOjet does not have any travel insurance products for other jurisdictions at this stage.
4. Pre-paid Currency Card:
If you purchase a travel insurance product from us, you acknowledge that you may be sent a card setting out emergency insurance contact details, which also has the capability to operate as a pre-paid currency card. By agreeing to these Booking Terms and Conditions, you request that we send you this card (if available) and acknowledge its pre-paid currency capability. You do not need to apply for or activate the pre-paid currency function.
5. Travel Advice including COVID-19 (Coronavirus) Guidance:
We recommend that you contact the Department of Foreign Affairs and Trade ("DFAT") or visit their website for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
We strongly recommend that you familiarise yourself with the current status and updates to Australia's immigration and border arrangements during the COVID-19 outbreak, available here.
5.2. New Zealand
We recommend that you contact the Ministry of Foreign Affairs and Trade or visit their website for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with SafeTravel, so that you may be more easily contacted in an emergency.
5.3. United Kingdom
The Foreign and Commonwealth Travel Advice Unit may have issued information about your travel destination. We strongly advise you go to fco.gov.uk to find out more about your destination prior to the commencement of travel. Alternatively, you can contact ABTA Information Department on 0203 117 0599 (calls will be charged).
5.4. United States
We recommend that you contact the U.S. Department of State or visit their website for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit.
5.5. Other jurisdictions For travel advice for other countries and visa requirements please see our travel restrictions site.
5.6. All jurisdictions In addition you should familiarise yourself with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so we recommend stay up to date with relevant airline and government policies for your transit and final destination at each of;
You acknowledge that you are choosing to travel at a time where you may be exposed to the Coronavirus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel booking and ensure that you carry all necessary vaccination documentation. Failure to present required vaccination documentation (e.g. proof of COVID-19 or Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from the government websites above in section 5.
Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the travel service provider in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the travel service provider, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the travel service provider directly either at the destination or prior to travelling where possible.
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once your booking has been paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes, and airfare increases. Please contact your consultant for up-to-date prices.
8. Financial Arrangements
We receive remuneration through commissions, financial incentives and other means (together, "financial arrangements") from booking travel and travel-related products and services on your behalf with third party travel service providers. We are not required by law to disclose the nature or value of these financial arrangements.
9. Our Change and Cancellation Fees:
Subject to your refund and remedy rights under the Australian Consumer Law or any other consumer protection legislation, the following change or cancellation fees will apply per person, per booking in addition to supplier fees, as set out in sections 11 to 14 below:
|Currency||Domestic Change||Domestic Cancel||International Change||International Cancel||Name Change|
If you wish to change or cancel flights booked online and paid for using PayPal, you must contact our Online Customer Service Team. Any fees for such change or cancellation must be made via credit card and will attract the applicable credit card surcharge.
These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, your booking.
All bookings are made on your behalf subject to the terms and conditions imposed by the travel service provider. If, for example, a travel service provider's terms and conditions contain a "no refund policy", we will only be able to provide you with the remedy provided by the travel service provider (if any), which may include a travel credit supplied by the travel service provider.
10. Travel service provider Change and Cancellation Fees:
Changed or cancelled bookings for any reason (including by reason of matters outside your or our control) may also incur travel service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Travel service provider fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued. Where we incur any liability for a travel service provider change or cancellation fee for any booking which is changed or cancelled for any reason, you agree to indemnify us for the amount of that fee. Where you seek a refund for a changed or cancelled booking for which payment has been made to the travel service provider, we will not provide a refund to you until we receive the funds from that travel service provider (which may take 12 weeks, or longer, dependent upon the supplier processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider's change or cancellation policy.
11. Change or Cancellation by You:
If you change any aspect of your booking, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable travel service provider fees and BYOjet change fees set out above, and you will be responsible for any increase in pricing that may occur as a result of your change request.
If you cancel any aspect of your booking, you will forfeit your deposit and you will be required to pay any applicable travel service provider fees and BYOjet's cancellation fees set out above, and we will provide you with a refund for the remaining funds (if any). Alternatively, BYOjet or the travel service provider may offer you a travel credit for the full amount paid by you without applying any applicable travel service provider fees or BYOjet cancellation fees. If your deposit or booking is refundable, this is subject to BYOjet having received the funds from the travel service provider and/or being authorised by the travel service provider to refund your deposit or booking funds.
For instant purchase or non-refundable bookings, if you cancel any aspect of your booking, you will not be entitled to a refund, travel credit or other remedy from the travel service provider and/or BYOjet .
12. Change or Cancellation by a travel service provider:
The following terms apply to a cancellation by a travel service provider, except in the event of unavoidable or extraordinary circumstances (which are dealt with in sections 13 and 14 below).
To the extent permitted by applicable law, if your booking is cancelled by a travel service provider, the travel service provider will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and may refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the travel service provider's change or cancellation policy, the travel service provider may offer you a refund of all money paid by you in respect of the booking, from which the travel service provider and/or BYOjet will deduct any unrecoverable costs, and any applicable travel service provider fees and BYOjet cancellation fees set out above.
"Unrecoverable costs" means all reasonable, direct and indirect costs we have incurred in relation to your booking, and includes amounts paid by BYOjet to other relevant travel service providers who are responsible for components of your booking and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
For instant purchase or non-refundable bookings, if your booking is cancelled by a travel service provider, subject to the travel service provider's change or cancellation policy, you may not be entitled to a refund, travel credit or other remedy from the travel service provider and/or BYOjet.
13. Unavoidable or Extraordinary Circumstances:
In the event of unavoidable or extraordinary circumstances, a travel service provider may materially modify or cancel your booking as set out below.
In these Booking Terms and Conditions "unavoidable or extraordinary circumstances" means any cause outside a travel service provider's reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to);
A material modification is one that has a serious impact on your booking and would cause substantial inconvenience to you (including a change of departure date, departure point or airport, or change of departure time of more than twelve hours).
14. Cancellation due to Unavoidable or Extraordinary Circumstances:
If your booking is cancelled due to unavoidable or extraordinary circumstances, either the travel service provider will offer you a travel credit or BYOjet may, subject to BYOjet's hardship policy, offer you a BYOjet travel credit for the full amount paid by you.
BYOjet travel credits are subject to the BYOjet travel credit terms and conditions (please see section 33 below).
15. Payments by Credit Card and Debit Card:
Credit and debit card surcharges of:
Please note that credit card and debit card fees do not apply when prices are displayed and paying in Great British Pounds (GBP £).
You authorise us to charge all fees incurred by you in relation to the services provided by us to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
If you choose to save your credit card details with us, they will be securely stored and may be used for your future transactions with us (including transactions agreed over the phone or by email). You can choose to remove your saved credit card details at any time.
16. Payments via Alipay:
An additional 1.4% fee will apply when paying by Alipay.
17. Payments via PayPal:
A 1% will apply when paying by PayPal.
18. Payments via Union Pay:
An additional 1.7% fee will apply when paying by Union Pay.
19. Payments via WeChatPay:
An additional 1.4% fee will apply when paying by WeChatPay.
20. Payments via Poli (Online bookings only):
Payments by Poli will not incur any additional fees.
Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.
22. Service guarantees:
Our booking and advisory services come with guarantees under the Australian Consumer Law and:
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law or other consumer protection legislation (if applicable).
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, as well as all of our wholesalers. Any booking, advisory and other services (such as processing a change or cancellation with the relevant travel services provider) that we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide booking and advisory services, including making travel bookings on your behalf and arranging relevant contracts between you and travel service providers. We exercise care in the selection of reputable travel service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage, cancellations policy and limitations of liability, imposed by these travel service providers. We can provide you with copies of the relevant travel service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific travel service 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.
To the extent permitted by law, neither BYOjet nor any of its related bodies corporate, directors, officers, employees, servants or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these Booking Terms and Conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
25. Special Requirements:
Please liaise with your consultant or, for online bookings call, regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
26. Frequent Flyer or Other Loyalty Program:
When booking with one of our consultants, please let them know your frequent flyer membership details (or other applicable loyalty program details) for inclusion in your booking. If you are booking online, please insert these details in the space provided for inclusion in your booking. Please check your frequent flyer program (or other applicable loyalty program) for the specific terms of your membership. We cannot guarantee that the supplier of your frequent flyer or other loyalty progam will credit you with points for your booking or provide you with any other particular benefit, including (without limitation) status credits or lounge access. It is your responsibility to check whether your booking is eligible for any such benefits.
27. Schedule Changes:
All departure and arrival times on your flight ticket are provided by the airline and are estimates only. They may change due to air traffic control restrictions, weather conditions or operational requirements. We recommend that you contact the airline or visit the airline's website to confirm your scheduled departure time 24 hours prior to your flight. You should also confirm departure times for each onward flight. In the event of schedule changes, failure to reconfirm any sector of your itinerary may result in you needing to purchase a new flight.
28. Ancillary / Extras:
28.1. Price Drop Protection
Please see the terms and conditions here.
28.2. Cancellation Protection:
28.3. Cancel for Any Reason
|Currency||Per Person Maximum||Per Booking Maximum|
28.4. Flexible travel dates:
Changing any of the following components of the flight is prohibited:
28.5. Priority Support:
28.6. COVID Protection:
28..7 Non-refundable ancillaries: The following ancillary/extras are non-refundable and non-transferable:
30. Monies Not Held On Trust:
You agree and acknowledge that such monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of BYOjet and will be a debt due and payable to the travel service provider in accordance with the payment terms we have agreed with that travel service provider. Payment will generally be made to the travel service provider before the services to which the money relates are provided, however in some cases, payment will be made to the travel service provider once the services to which the money relates have been provided. In respect of monies paid for flights for an IATA airline, such monies might be held on trust for that IATA airline in accordance with the payment terms we have agreed with that IATA airline. In the event we are still holding the monies, we can only provide you with a refund once we are authorised by the travel service provider to process your refund, subject to that travel service provider's change or cancellation policy.
31. Modifications of these Booking Terms and Conditions:
We reserve the right to modify any of these Booking Terms and Conditions (including the Travel Credit terms and conditions) at any time without prior notice. If we make changes to any of these terms and conditions, we will post the amended terms and conditions on the https://byojet.com/ website, applications, or services, which are effective upon posting. The applicable terms that apply are those in effect at the time you make a booking (including by using any Travel Credit) with us.
32. Governing Law:
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.
Telephone calls and emails to or from BYOjet may be recorded for training purposes.
34. EU Community List:
We bring to your attention the existence of a 'Community List', which contains details of air carriers that are subject to an operating ban within the EU. The Community List is available for inspection here
These terms were last updated on 9th September 2021.