Terms and Conditions

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean BLUE TAHITI TRAVEL PTY LTD (ACN 687 983 857). We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: damien@bluetahititravel.com.au. These Terms were last updated on 28 July 2025.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information;
• our cancellation fees in clause 5.2 which set out the fees payable if you cancel the Services within specific timeframes; and
• clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1. Disclaimer

We organise and curate holiday packages based on your requirements. We act as a travel booking agent and we receive payment for the Services as part of the Price. However, we do not provide any travel services (such as flights, accommodation, tours or other travel products or services). These travel services are provided by a number of third party providers who we will liaise with and make bookings with on your behalf. We do not own or operate the underlying travel services.

2. Engagement and Term

2.1         These Terms apply from the Commencement Date until the date that is the earlier of:

(a)          the date set out in the Quote;

(b)         the date the Services are completed (as reasonably determined by us); or

(c)          the date on which these Terms are terminated,

(Term)

3. Services

3.1         We are a travel booking service provider which organises holiday packages to the Tahitian Islands by arranging and coordinating travel services on your behalf with third party providers including airlines, hotels, tour operators, and other service providers. You expressed interest in our Services by contacting us on our website.

3.2         You acknowledge and agree that the travel packages we organise for you are tailored to your requirements, such as departure dates, flights, tour inclusions, etc. Once your travel package is made, changes and modifications to these packages may not be possible and may incur a fee. You must ensure that the information you provide us at the time of booking is accurate and up to date.

3.3         Third Party Providers: The travel services (including flights, accommodation, tours, and transfers) are provided by independent third party provider. While we exercise reasonable care in selecting reputable providers, we are not responsible for the acts, omissions, or failures of these suppliers. Your contractual relationship for the actual travel services is with the relevant provider, subject to their terms and conditions. Each booking arranged by us is subject to the individual terms and conditions of the relevant provider (airline, hotel, tour operator, etc.). You acknowledge that these provider terms may include additional cancellation policies, baggage restrictions, check-in requirements, and other conditions that are separate from and in addition to these Terms.

3.4         We agree to provide you with electronic tickets to your flight upon payment of the deposit. All other documentation, such as your travel itinerary and hotel documents, will be provided to you on your arrival in Papeete, or other location as agreed, by our travel representative.

3.5         If you require any assistance while travelling, you can contact us or our travel representative via the contact details included on the Quote.

3.6         All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

4. Your Obligations

4.1         You agree to (and to the extent applicable, ensure that your Personnel agree to):

• comply with these Terms, all applicable Laws, and our reasonable requests;
• provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and
• not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

4.2         You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 4.

5. Cancellations and Rescheduling

5.1         Notice: You must notify us in writing by email to damien@bluetahititravel.com.au if you wish to cancel or reschedule your travel arrangements. We will acknowledge your request within 1 Business Day. If we do not respond within this timeframe, you must contact us by phone to confirm we have received your request.

5.2         Cancellation Fees: We will charge the following service fees for processing cancellations, in addition to any third party provider cancellation fees, which you acknowledge is a genuine pre-estimate of the losses we would suffer for your late cancellation, for example administrative costs:

(a)          if you cancel more than 15 days before your scheduled arrival date: €25 per person;

(b)         if you cancel 7 to 15 days before your scheduled arrival date: €25 per person plus an amount equivalent to 2 nights’ accommodation cost for each hotel we have booked; and

(c)          if you cancel less than 7 days before your scheduled arrival date: we will not refund any payments you have made to us.

5.3         Third party providers (airlines, hotels, tour operators, etc.) impose their own cancellation policies on all bookings. We agree to provide these third party provider terms to you when we confirm your booking.  You acknowledge and agree that these third party providers may:

(a)          charge additional cancellation fees or penalties beyond our service fees;

(b)         make some or all of your booking non-refundable; and

(c)          determine what refund amount (if any) they will provide.

While we will assist in processing cancellations, refunds are subject to third party provider policies and any applicable cancellation fees.

• We will process your cancellation requests with providers, but providers must approve refunds according to their own terms and conditions. We will process any approved refunds to your original payment method, after we deduct our applicable service fees and any providers-imposed penalties.
• Rescheduling: If you request to reschedule your travel arrangements, you acknowledge and agree rescheduling is subject to availability and that you must pay any difference in the Price between the original and new arrangements.

5.6         Travel Insurance: You acknowledge that travel services may be affected by circumstances beyond our control, including but not limited to strikes, airport closures, flight cancellations, and natural disasters. We strongly recommend that you obtain comprehensive travel insurance. We are not liable for costs, losses, or expenses arising from such circumstances, and any claims should be directed to your travel insurer. In the absence of a preferred insurance provider, we recommend iCover as an optional insurance solution.

6. Price and Payment

6.1         In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms. As a travel booking service provider, we may collect payments on behalf of third party providers. Deposits and payments made to us for future travel may be held in trust until the Services are provided or bookings are confirmed with the third party providers.

6.2         Payments must be made through our designated online payment portal available on our website. Prices are in EUR and may fluctuate based on exchange rates at the time of payment. Exchange rate fluctuations are factored into the Price and you acknowledge that final amounts payable may vary from initial quotes due to currency fluctuations.

6.3         We may ask you to pay some costs directly to our overseas suppliers, such as hotels and tour operators, instead of paying us. If we do this, you acknowledge and agree to comply with the payment methods and any terms and conditions set out by the overseas supplier, which we or those suppliers will make available to you.

6.4         Unless otherwise set out in your Quote, a deposit of 30% of the total Price is required to confirm our Services. You agree to pay the remainder of the Price within 45 days of your scheduled arrival in Papeete, or other agreed location. Where your arrival date is within 45 days of booking or the total Price is under €1000 EUR, you must pay us the Price in full prior to us supplying the Services.

6.5         Credit card payments may take 3 to 4 Business Days to settle into our account after you make payment through our online portal. We will begin processing your booking arrangements only after we receive the funds.

6.6         If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

• after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
• charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.

6.7         When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7. Intellectual Property

7.1         As between the Parties:

• we own all Intellectual Property Rights in Our Materials;
• you own all Intellectual Property Rights in Your Materials; and
• nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.

7.2         As between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights.

7.3         We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Materials that we provide to you and the New Materials, solely for your use and enjoyment of the Services, as contemplated by these Terms.

7.4         You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence to use Your Materials that you provide to us solely for the purpose of performing of our obligations or exercising our rights under these Terms.

7.5         If you (if you are an individual) or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to (and will procure that your Personnel) consent to our use or infringement of those Moral Rights.

7.6         This clause 7 will survive termination or expiry of these Terms.

8. Confidential Information

8.1         Subject to clause 8.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.

8.2         Clause 8.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 8.1.

8.3         This clause 8 will survive the termination of these Terms.

9. Privacy

9.1         If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).

9.2         Without limiting this clause 9, you must ensure that:

(a)          you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and

(b)         we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.

9.3         Without limiting this clause 9, you agree to only disclose Personal Information to us if:

(a)          you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and

(b)         you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.

9.4         We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with any applicable Laws.

10. Australian Consumer Law

10.1      Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

10.2      Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

10.3      This clause 10 will survive the termination or expiry of these Terms.

11. Liability

11.1      Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

• neither Party will be liable for Consequential Loss;
• a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
• (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

11.2      This clause 11 will survive the termination or expiry of these Terms.

12. Termination

12.1      These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

• the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
• the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

12.2      Upon expiry or termination of these Terms:

• we will immediately cease providing the Services;
• without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
• you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
• by us pursuant to clause 1, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
• we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 8.

12.3      Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

12.4      This clause 12 will survive the termination or expiry of these Terms.

13. General

13.1      Amendment: Subject to clause 3.2, these Terms may only be amended by written instrument executed by the Parties.

13.2      Assignment: Subject to clauses 13.3 and 13.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

13.3      Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

13.4      Disputes:  A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

13.5      Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a)          as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b)         uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

13.6      Governing Law: These Terms are governed by the laws of Queensland.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

13.7      Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.8      Publicity: Despite clause 8, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

13.9      Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13.10    Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent.  We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

14. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Quote, and:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Brisbane, Queensland, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that is the earlier of:

• the date that you accept the Quote;
• the date that you ask us to begin supplying the Services; or
• the date that you make part or full payment of the Price.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any other amounts payable under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 10.1.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with these Terms or the supply of the Services, whether before or after the date of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.

Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property, but excludes New Materials and Your Materials.

Payment Terms means the timings for payment of the Price and any other amounts payable under these Terms, as set out in the Quote.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out in the Quote, as adjusted in accordance with these Terms.

Quote means the document to which these Terms are attached or incorporated.

Services means the services set out in the Quote, as adjusted in accordance with these Terms.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Commencement Date (which is not connected to these Terms) and/or developed by or on behalf of you or your Personnel independently of these Terms and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and New Materials.