These Terms and Conditions apply to all travel arrangements, products and services arranged by Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel, whether booked through our website, B2C online travel agency platform, search engine, booking engine, telephone, email, enquiry form, social media, messaging service or in-office booking.

You must be at least 18 years old and have legal capacity to make a booking. If you make a booking for other travellers, you warrant that you have authority to accept these Terms and Conditions on their behalf and to provide their personal information to us and relevant suppliers.

1. Definitions

• "Gurkhas Travel", "we", "us" and "our" means Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel, Gurkhas Tours & Travels or any related trading name used by us.

• "Customer", "you" and "your" means the person making the booking and, where applicable, all travellers included in the booking.

• "Supplier" means any airline, hotel, accommodation provider, tour operator, cruise operator, transfer provider, consolidator, wholesaler, insurer, payment provider, technology provider or other third-party travel provider.

• "OTA Platform" means any online booking website, mobile site, application, booking engine or other digital platform operated by or on behalf of Gurkhas Travel.

• "Travel Arrangements" means flights, accommodation, tours, transfers, cruises, packages, travel insurance or other travel-related products or services arranged through us.

"Oz Travel Shoppe Terms" or "Australian Terms" means these Terms and Conditions as they apply to bookings where Oz Travel Shoppe Pty Ltd is the contracting entity or merchant of record.

"OZ Infotech" means OZ Infotech Private Limited, or such related Indian entity notified to you at checkout, on the invoice, receipt or booking confirmation.

"OZ Infotech Terms" or "Indian Terms" means the separate terms and conditions issued by OZ Infotech for bookings where OZ Infotech is the contracting entity or merchant of record. Those terms must be published or provided to the customer before or at checkout for INR bookings.

"NAB Gateway" means NAB or another Australian acquiring bank, card processor or payment facility used by Oz Travel Shoppe Pty Ltd for Australian-dollar transactions.

"Cashfree Gateway" means Cashfree or another Indian payment gateway, acquiring bank, card processor, UPI, net-banking or payment facility used by OZ Infotech for Indian-rupee transactions.

2. Our role as travel agent and intermediary

Unless expressly stated otherwise in writing, we act as an agent and intermediary for Suppliers. We do not own, operate or control the flights, accommodation, tours, transfers, cruises, insurance or other travel services supplied by third parties.

Your contract for the actual travel service is with the relevant Supplier and is subject to that Supplier's terms, fare rules, booking conditions, cancellation policies, refund policies and liability limitations. Those Supplier terms apply in addition to these Terms and Conditions. If there is an inconsistency, the Supplier terms will generally govern the supply of the relevant travel service, except in relation to our own agency service fees and our direct relationship with you.

Your legal recourse for the performance or non-performance of a Supplier service is against the relevant Supplier, except to the extent our own conduct gives rise to liability that cannot be excluded by law.

3. Acceptance of these Terms

You accept these Terms and Conditions when you make an enquiry, request a quote, make a booking, pay any amount, approve ticketing, use our OTA Platform, accept travel documents, or otherwise proceed with Travel Arrangements through us.

For online bookings, you agree that ticking an acceptance box, clicking a booking or payment button, continuing through checkout, or using the OTA Platform constitutes electronic acceptance of these Terms and Conditions.

4. Contracting entity, currency and payment gateway

The contracting entity and terms that apply to a booking are determined by the currency selected, the payment gateway used, the merchant of record shown at checkout and on the payment receipt, and the entity named on the invoice or booking confirmation.

Where a customer pays in Australian dollars (AUD), or where the card or payment method is charged through the NAB Gateway or another Australian payment facility nominated by us, the booking is treated as a booking with Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel. The Oz Travel Shoppe Terms / Australian Terms apply to that booking.

Where a customer pays in Indian rupees (INR), or where the card, UPI, net-banking or other payment method is charged through the Cashfree Gateway or another Indian payment facility nominated by OZ Infotech, the booking is treated as a booking with OZ Infotech. The OZ Infotech Terms / Indian Terms apply to that booking.

Unless there is a clear processing error, the payment gateway record, merchant descriptor, receipt, invoice and booking confirmation are conclusive evidence of the contracting entity for the booking.

Oz Travel Shoppe Pty Ltd and OZ Infotech are separate contracting entities. To the maximum extent permitted by law, Oz Travel Shoppe Pty Ltd is not liable for bookings, payments, refunds, chargebacks, taxes, disputes or services contracted with OZ Infotech, and OZ Infotech is not liable for bookings, payments, refunds, chargebacks, taxes, disputes or services contracted with Oz Travel Shoppe Pty Ltd, except where a written guarantee is provided or liability cannot be excluded by applicable law.

Customers must review the applicable terms, merchant of record, currency, taxes, fees, refund rules and payment details before completing checkout. If there is any inconsistency between these Oz Travel Shoppe Terms and the OZ Infotech Terms for an INR/Cashfree booking, the OZ Infotech Terms prevail for that booking to the extent of the inconsistency.

5. Prices, quotes, availability and errors

All prices, fares, taxes, surcharges, fees, baggage inclusions, seat availability, booking classes and travel conditions are subject to change, withdrawal or correction without notice until full payment is received, the booking is confirmed by the Supplier, and tickets or vouchers are issued.

A quote, online display, search result or booking request is not a guarantee of price or availability. Fares and availability may change due to airline rules, currency movements, fuel surcharges, taxes, Supplier changes, technical issues or other matters outside our control.

We reserve the right to correct obvious errors, technical errors, pricing errors, tax calculation errors, currency conversion errors, availability errors or content errors displayed on the OTA Platform or in a quote. If an error is identified before ticketing or confirmation, we may cancel the booking request or offer you the corrected price or conditions. If an error is identified after confirmation, our rights will depend on applicable law and Supplier terms.

6. Online bookings and OTA platform terms

• You must use the OTA Platform only for lawful, personal, non-commercial travel booking purposes unless we give written permission otherwise.

• You must not use bots, scraping tools, automated queries, data mining, reverse engineering, excessive searches, fraudulent payment methods, false identities, or any process that interferes with platform operation or Supplier systems.

• Search results, photos, hotel descriptions, star ratings, amenities, maps, aircraft details, baggage information and route information may be provided by Suppliers or third-party data providers. We take reasonable care but do not guarantee that all online content is accurate, complete, current or error-free.

• Online bookings may be subject to fraud screening, manual verification, payment authentication and Supplier confirmation. We may refuse, suspend or cancel a booking request where we reasonably suspect fraud, unauthorised card use, misuse of promotional codes, system abuse, unlawful activity or breach of these Terms.

• You are responsible for maintaining the confidentiality of any account login details and for all activity under your account, unless caused by our negligence or a matter for which we are legally responsible.

7. Customer information and approval before ticketing

You must provide complete and accurate information for all travellers, including full names exactly as shown on passport or photo identification, date of birth, gender where required by the Supplier, contact details, passport details and any special requirements.

Before tickets, vouchers or travel documents are issued, you must carefully check all names, dates, destinations, flight numbers, transit points, booking classes, baggage inclusions, visa requirements and other booking details. Once you give verbal, written, email, SMS, electronic or online approval to proceed, you accept responsibility for any correction, amendment, reissue, cancellation or loss arising from incorrect or incomplete information you provided or approved.

Any correction, amendment, reissue or cancellation is subject to Supplier rules and applicable fees, including our service fees.

8. Airfares and airline conditions

• Airline tickets are subject to the airline's fare rules and conditions of carriage, including rules about payment deadlines, booking class, baggage, name corrections, changes, cancellations, refunds, no-shows, frequent flyer points, seat selection, special meals and missed connections.

• Discounted fares may carry strict restrictions and may be non-refundable, non-changeable or valid only for selected destinations, travel dates or passenger types.

• Airline schedules, aircraft type, operating carrier, flight numbers, stopovers, baggage allowances, seats and services may change without notice. You should reconfirm flight times and baggage allowance directly with the airline at least 72 hours before travel.

• Tickets generally must be used in the sequence shown on the itinerary. Failure to take one flight segment may result in cancellation of remaining segments by the airline.

• Unused ticket segments may expire or be forfeited according to Supplier rules. Many airline tickets are valid for a limited period only, commonly up to 12 months from issue or first travel, subject to fare rules.

• Before requesting that a ticket be opened, converted, revalidated, reissued, changed, or used after being kept open, you must check directly with the airline for all applicable airline fees, fare differences, no-show fees, open-ticket fees, revalidation fees, reissue fees, expiry rules and any other conditions. Some airlines may charge no-show fees even where a ticket has been kept open or placed into credit. We are not responsible for airline fees, forfeiture, loss of value, expiry or refusal to honour an open ticket where those matters arise from airline rules, fare rules, no-show rules or Supplier conditions, except to the extent caused by our own negligence or where liability cannot be excluded by law.

9. Payments, card authority and surcharges

Payment may be accepted by cash, direct deposit, card, payment gateway or other method approved by us. Payment methods may attract merchant fees, payment gateway fees, card surcharges, international transaction fees or other processing costs, where permitted by law and disclosed before payment.

For OTA bookings, the checkout page, payment gateway, merchant descriptor, invoice and booking confirmation should identify whether the customer is paying Oz Travel Shoppe Pty Ltd in AUD or OZ Infotech in INR. Refunds, credits, chargebacks and payment disputes will ordinarily be processed by the same contracting entity, in the same currency and through the same or corresponding payment channel used for the original payment, unless applicable law, Supplier rules or payment gateway rules require otherwise.

By providing payment details, you warrant that you are authorised to use the payment method and authorise us or our payment provider to charge all amounts payable in relation to the booking, including deposits, balances, Supplier charges, taxes, surcharges, amendment fees, cancellation fees, service fees and other applicable charges.

A booking may be cancelled and any deposit may be forfeited if full payment is not received by the deadline notified to you by phone, email, SMS, invoice, booking confirmation or other communication.

10. Deposits, service fees and agency charges

Deposits, booking fees, consultation fees, service fees, amendment fees, cancellation fees and administrative fees are charged for our work in searching, advising, booking, processing, changing, cancelling or assisting with Travel Arrangements. These fees are separate from Supplier fees and may be non-refundable once the relevant work has been performed, except where required by law.

Unless otherwise stated in writing, deposits are non-refundable to the extent they represent our service costs, payment to secure Supplier inventory, or amounts not recoverable from Suppliers, except where a refund is required by law.

11. Chargebacks and payment disputes

If you believe there is an error with a payment, you must contact us promptly and give us a reasonable opportunity to investigate and respond before initiating a chargeback, payment reversal or payment dispute.

Where a chargeback, payment reversal or payment dispute is made without valid legal basis, you agree to reimburse us for the booking amount, Supplier charges, bank fees, merchant fees, administrative costs, reasonable recovery costs and any other losses we incur as a result, to the extent permitted by law.

12. Refunds, changes and cancellations

Changes, cancellations, reissues, name corrections and refunds are subject to Supplier rules, fare rules, availability, our service fees and applicable law. Many travel products are non-refundable or non-changeable once booked or ticketed.

Where a refund, credit or travel voucher is available under Supplier rules or applicable law, we will assist in submitting the request to the relevant Supplier. We are not required to refund any amount until we have received the corresponding funds from the relevant Supplier, airline, consolidator or service provider, unless required by law.

Supplier processing times are outside our control. Any approved refund may be reduced by Supplier fees, fare rules, taxes not refunded by the Supplier, merchant fees, payment gateway fees and our applicable service fees, except where prohibited by law.

Current agency service fees, unless varied in writing before booking, include AUD 220 per person for cancellation, AUD 165 per person for reissue, AUD 50 per person wholesale ticketing or schedule-change processing fee where applicable, AUD 125 per person for cancellation assistance in circumstances outside the control of the airline or travel agent where permitted, and AUD 100 for open-ticket administration where applicable. Supplier and airline fees are additional.

If you ask us to open, hold, convert, reissue, revalidate or reactivate a ticket or credit, you remain responsible for checking the airline's current rules and fees before we proceed. Airline no-show fees, fare differences, tax differences and open-ticket fees may apply even if the ticket was previously kept open, and those amounts are payable by you unless prohibited by law.

13. Schedule changes, disruptions and no-shows

• Airlines and other Suppliers may cancel, delay, reschedule, reroute, downgrade or alter services. We will provide reasonable assistance where possible, but Supplier decisions and operational disruptions are outside our control.

• If you do not check in on time, miss a flight, fail to board, arrive without required documents, or are denied boarding by a Supplier or government authority, the booking may be treated as a no-show and may be forfeited without refund under Supplier rules.

• Additional accommodation, meals, transport, alternative flights, missed events, lost wages, inconvenience or other consequential costs are your responsibility unless a Supplier, insurer or applicable law provides otherwise.

14. Travel documents

Travel documents may include airline tickets, e-tickets, vouchers, hotel confirmations, tour vouchers, insurance documents and other documents in electronic or physical form. Travel documents are generally non-transferable and may be subject to conditions and restrictions.

It is your responsibility to collect, download, print or access all travel documents before travel and to check that the details are correct. You must notify us immediately if any document appears incorrect or is not received within the expected timeframe.

15. Passports, visas, transit visas and entry requirements

You are solely responsible for checking and complying with all passport, visa, transit visa, health, vaccination, immigration, customs, re-entry and government requirements for every destination and transit point. Requirements may vary by nationality, passport type, residency status, travel history, airline routing and length of stay.

All travellers must hold valid travel documents. Many countries require passports to be valid for at least 6 months beyond the date of entry or return, but requirements vary and may change without notice.

Any guidance we provide about visas, travel documents, health requirements or entry rules is general assistance only and must not be treated as legal, immigration, medical or government advice. We do not warrant the accuracy, completeness or currency of information provided by external advisory services, Suppliers or government websites.

Any fines, penalties, losses, additional payments, denied boarding, deportation costs, quarantine costs or expenses caused by failure to meet passport, visa, transit, health, immigration or government requirements are your responsibility, except to the extent caused by our negligence or where liability cannot be excluded by law.

16. Travel insurance

We strongly recommend that all travellers purchase appropriate travel insurance as soon as a booking is made. Insurance may cover some risks relating to cancellation, medical expenses, luggage, delays, disruption and other travel events, subject to policy terms.

You are responsible for reading the product disclosure statement, policy wording and exclusions and for deciding whether the insurance meets your needs. We do not guarantee the suitability, acceptance or outcome of any insurance claim.

17. Health, fitness, special requests and accessibility

• You are responsible for ensuring that you are medically fit to travel and for obtaining appropriate medical advice, vaccinations, medications and documentation.

• Special requests, including seating, meals, bassinets, mobility assistance, adjoining rooms, bedding, accessibility needs and other preferences, are requests only unless confirmed in writing by the Supplier. We cannot guarantee that a Supplier will meet a special request.

• You must tell us before booking if any traveller has a medical condition, pregnancy, disability, reduced mobility or other circumstance that may affect travel arrangements or Supplier acceptance.

18. Baggage and airport security

Baggage allowances, cabin baggage rules, dangerous goods rules, liquids, aerosols and gels restrictions, security procedures and airport requirements are set by airlines, airports and government authorities and may change without notice. You should check current rules directly with the relevant airline and airport before travel.

We are not responsible for excess baggage charges, confiscated items, delayed baggage, damaged baggage or lost baggage, except to the extent caused by our own negligence or where liability cannot be excluded by law.

19. Accommodation, packages, tours and local charges

• Hotel star ratings, room types, bedding configurations, amenities, photos, maps, resort fees, city taxes, deposits, security bonds and local charges are supplied by Suppliers or third-party data providers and may change.

• Check-in times, check-out times, age requirements, credit-card hold requirements, local taxes and incidentals are set by the accommodation Supplier.

• Tours, cruises, activities and packages may be subject to minimum numbers, weather conditions, safety requirements, local operator rules and cancellation policies.

20. Privacy, personal information and overseas disclosures

We collect personal information that is reasonably necessary to provide travel agency services, operate the OTA Platform, process payments, manage bookings, respond to enquiries, comply with legal obligations, prevent fraud and send service communications.

The personal information we collect may include names, contact details, dates of birth, passport information, travel preferences, payment information, booking history, health or accessibility information provided by you, and information about other travellers in the booking.

You consent to us using and disclosing personal information to Suppliers, airlines, consolidators, hotels, tour operators, insurers, payment processors, technology providers, fraud screening providers, government authorities and overseas recipients as reasonably required to arrange, manage, amend, cancel or support Travel Arrangements.

You warrant that you have authority from all travellers to provide their personal information to us and for us to use and disclose it as described in these Terms and our Privacy Policy.

21. Marketing communications, cookies and online tracking

• We may send service communications about bookings, payments, travel documents, schedule changes, disruptions and customer support. These are not marketing messages.

• We will only send commercial electronic marketing messages where we have consent or are otherwise permitted by law. Marketing messages will identify us and include a functional unsubscribe facility where required.

• The OTA Platform may use cookies, analytics, pixels, session recording, device identifiers and similar technologies for functionality, security, analytics, fraud prevention, advertising and personalisation. Further details should be set out in our Privacy Policy and Cookie Policy.

22. Intellectual property and website restrictions

All content, branding, logos, text, designs, layout, software, code, databases and other materials on the OTA Platform are owned by us, our licensors or Suppliers and are protected by intellectual property laws.

You must not copy, reproduce, frame, republish, upload, transmit, modify, scrape, harvest, mirror, reverse engineer, commercially exploit or interfere with any part of the OTA Platform unless expressly permitted by us in writing or by law.

23. Cybersecurity and platform availability

We take reasonable steps to maintain the OTA Platform, but we do not guarantee that access will be uninterrupted, secure, error-free, virus-free or always available. We may suspend, restrict, modify or discontinue any feature or service where reasonably necessary for maintenance, security, legal compliance, Supplier requirements or business reasons.

You must not introduce viruses, malware, harmful code or excessive load, or attempt unauthorised access to our systems, Supplier systems or payment systems.

24. Australian Consumer Law and non-excludable rights

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Where our liability can lawfully be limited, our liability is limited, at our option, to the resupply of the relevant services or the cost of having the relevant services supplied again.

25. Liability limitation

To the maximum extent permitted by law, we are not liable for any injury, loss, damage, delay, additional expense, inconvenience, disappointment, loss of enjoyment, loss of opportunity, loss of profit, loss of business, missed connection, missed event, alternative transport cost, accommodation cost or other direct, indirect, consequential, special or economic loss caused by Supplier acts or omissions, government acts or omissions, force majeure events, your own acts or omissions, or circumstances outside our reasonable control.

Where liability cannot be excluded, and to the extent permitted by law, our liability is limited to the amount paid to us for the affected agency service or the value of the affected Travel Arrangements, as applicable.

26. Force majeure

We are not liable for delay, loss, cancellation, additional cost or failure to perform caused by events beyond our reasonable control, including airline disruption, Supplier failure, war, terrorism, civil unrest, pandemic, epidemic, quarantine, border closure, government restriction, natural disaster, severe weather, strike, airport closure, technical failure, cyber incident, payment network failure, industrial action or acts or omissions of third-party Suppliers.

27. Indemnity

You indemnify us against claims, losses, liabilities, damages, costs and expenses arising from your breach of these Terms, misuse of the OTA Platform, unlawful conduct, unauthorised payment use, inaccurate information, failure to comply with Supplier or government requirements, or breach of another traveller's privacy rights, except to the extent caused by our negligence, wilful misconduct or breach of law.

28. Complaints and dispute resolution

If you have a complaint or dispute, you must contact us as soon as possible and provide your booking reference, relevant documents and details of the issue. We will use reasonable efforts to assist and, where relevant, raise the issue with the Supplier.

You agree to give us a reasonable opportunity to investigate and respond before commencing any external complaint, chargeback or legal proceeding, unless urgent legal action is required to preserve your rights.

29. Governing law and Victorian jurisdiction

For bookings where Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel is the contracting entity or merchant of record, these Terms and Conditions, and any booking, quotation, payment, refund, cancellation, amendment, dispute or claim arising from or in connection with the services supplied by Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel, are governed by the laws of Victoria, Australia.

For Oz Travel Shoppe Pty Ltd bookings, to the maximum extent permitted by law, the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, including any courts of appeal from those courts. The customer agrees that any legal proceedings, claim, dispute or application against Oz Travel Shoppe Pty Ltd must be commenced and heard in Victoria, Australia, and must not be commenced in any other jurisdiction unless required by law. For OZ Infotech bookings, the governing law and jurisdiction will be as stated in the OZ Infotech Terms / Indian Terms.

30. Amendments to these Terms

We may amend these Terms and Conditions from time to time by publishing updated terms on our website or OTA Platform. The terms that apply to your booking are the terms accepted at the time of booking, except where a change is required by law, Supplier requirement or agreement with you.

31. Severability, waiver and assignment

• If any part of these Terms is invalid, unlawful or unenforceable, that part will be severed to the extent necessary and the remaining terms will continue in force.

• A failure or delay by us to enforce a term is not a waiver of our rights.

• We may assign, transfer or subcontract our rights and obligations where reasonably required for business, legal, operational or technology reasons, provided this does not materially reduce your rights under applicable law. You must not assign your rights without our written consent unless permitted by law.

32. Entire agreement

These Terms and Conditions, together with the booking confirmation, invoice, itinerary, fare rules, Supplier terms, privacy policy and any written special conditions accepted by us, form the entire agreement between you and us. You acknowledge that you have not relied on any statement, representation or promise not expressly set out in those documents.

33. OTA merchant disclosures and receipts

For B2C OTA bookings, the checkout flow should clearly display the merchant of record, contracting entity, payment currency, total price, mandatory fees, applicable taxes, card surcharge or gateway fees, cancellation/refund rules and link to the applicable terms before payment is taken.

The customer should retain the booking confirmation, tax invoice or receipt and payment gateway confirmation. These documents may determine the contracting entity, applicable terms, applicable tax treatment and refund/payment process.

If the OTA Platform routes a booking to Oz Travel Shoppe Pty Ltd, Australian Terms apply. If the OTA Platform routes a booking to OZ Infotech, OZ Infotech Terms apply. The platform may display both sets of terms where both AUD/NAB and INR/Cashfree payment options are offered.

34. Contact details

Oz Travel Shoppe Pty Ltd trading as Gurkhas Travel
ABN: 16 100 717 208
Lot 8 Mezzanine Floor, 2 Queen St, Melbourne VIC 3000
Phone: 03 9388 1366
Email: info@gurkhastravel.com
Website: www.gurkhastravel.com

OZ Infotech Private Limited
CIN:U72900DL2012PTC230212

Email: info@gurkhastravel.com
Website: www.gurkhastravel.com
Applies to INR/Cashfree or other Indian-gateway bookings where OZ Infotech is the merchant of record.