Booking terms and conditions

Below are the booking Terms and Conditions for both Australian and New Zealand AO Travel customers. Please ensure you read the relevant T&Cs that relate to the package you are about to purchase as there are variations relating to deposits, payments and cancellations.

Please click here to find the New Zealand booking Terms and Conditions.

 

AUSTRALIAN BOOKING TERMS AND CONDITIONS

Please read the following Terms and Conditions carefully before purchasing a Package. By placing a Booking with AO Travel, you agree to be bound by each of the provisions of these Terms and Conditions (the “Terms and Conditions”).

References to "AO Travel" “us”, “we”, orour” are to Sports Travel and Hospitality Australia Pty Ltd, ABN 11 638 319 543, and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a Package.

These Terms and Conditions govern the supply of all Packages (as defined herein) by AO Travel.

Definitions

In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the meanings set out in Appendix 1 of these Terms and Conditions:

Important Covid-19 and Refund Information

The Australian and Victorian Governments have in place Covid-19 related border entry restrictions, border entry requirements (including relating to testing and vaccination), and restrictions on activities. In certain circumstances there may be a legal requirement to quarantine or isolate for a period of time at the time of entry to the jurisdiction or as a result of a triggering event occurring while in the jurisdiction, including if you are infected with Covid-19 or come into close contact with a person infected with or demonstrating symptoms of Covid-19.

With respect to the Australian Government, official travel advice including general health advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au.

With respect to the Victorian Government, official Covid-19 related information is available by visiting: https://www.coronavirus.vic.gov.au/

We strongly recommend that you review and consider this information prior to making your Booking, prior to departure and while in the jurisdiction, as the information and requirements are subject to change.

We also 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 at https://covid19.homeaffairs.gov.au and Victorian border arrangements, travel and quarantine requirements available at https://www.coronavirus.vic.gov.au/

You must ensure that you are aware of any health requirements, as well as Australian and/or Victorian requirements or restrictions, relevant to your Booking and you must ensure that you carry all necessary testing and vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination with an approved or recognised vaccine) and/or proof of testing (e.g. proof of a negative Covid-19 test with an approved provider within a specified period of time prior to arrival) may deny you entry into Australia, the State of Victoria and/or the AO event.

We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.

Refunds:

Refunds related to Covid-19 and event cancellation will be in accordance with clauses 5 and 6 of these Terms and Conditions.

1. Booking Conditions

  • 1.1 Age: You must be at least 18 years old to purchase a Package.
  • 1.2 Lead booker: If you are making a Booking for more than one person, the person submitting the online Booking form and/or who signs the Booking form is the purchaser of the Package (Purchaser). You as the Purchaser are responsible for:
    1. Making full payment of the price of the Package purchased, including any insurance premiums and cancellation or amendment charges;
    2. Keeping all other people for whom the Booking is made fully informed, as all documents and information regarding the Package will be sent to the Purchaser; and
    3. Procuring that all other people for whom the Booking is made understand, agree to and comply with the provisions of these Terms and Conditions, the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable). For the avoidance of doubt, the Purchaser shall be responsible for any breach of these Terms and Conditions, the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable) by any other person for whom the Booking is made or to whom the Purchaser makes a Package available.
  • 1.3 Insurance: If purchasing a Package, you must purchase adequate travel insurance for you and all other members of your touring group at or around the time of purchasing your Package and in any case prior to departure on your travel date. Except as otherwise set out in these Terms and Conditions or in accordance with applicable laws, AO Travel will not be liable to provide a refund or cancel your Booking if, for any reason, you are unable to utilise the Package other than for a reason attributable to AO Travel.
  • 1.4 Consent to photos: Photographers and film makers may be in attendance at the AO and may capture your image. It is a condition of purchase of a Package that you consent to being photographed, filmed, identified and/or otherwise recorded by AO Travel and/or Tennis Australia (or their suppliers) at the AO. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after your trip, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing AO Travel services in brochures and/or on any website.
  • 1.5 AO Terms and Conditions: you must comply at all times with the relevant AO terms and conditions issued by Tennis Australia Limited (including the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable)).
  • 1.6 Booking with a travel agent: If you book your Package through a travel agent then you acknowledge and agree that for your booking to be confirmed and maintained, we must have received all payments from you or your travel agent as detailed in clause 3 and 4. You also agree that your travel agent is independent of AO Travel and our control; and that unless expressly authorised by us in writing or as required by law, we are not bound by or liable for anything affecting us that the agent may or may not do.

 

2. Prices

  • 2.1 All prices are stated in Australian Dollars per person and include any applicable GST.
  • 2.2 Prices are based on payment by internet banking electronic funds transfer, or credit / debit card.
  • 2.3 Please note that for contractual reasons, the Package price cannot be itemized. The Package price only includes the services specified in your Package itinerary. Any personal incidental costs incurred during travel are excluded.
  • 2.4 Each amendment made to the Booking within 100 days of the commencement date of your Package itinerary will incur an amendment fee of $100 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of travel or the Session date (as applicable).

 

3. Deposit and payment

  • 3.1 Pursuant to these Terms and Conditions, you can place orders for the purchase of Packages from AO Travel on the website www.ausopentravel.com. Numbers available for purchase for each type of Package are limited. The number of Packages that you may purchase will be determined by us in our sole discretion.
  • 3.2 We shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until we dispatch an Acceptance email to you. Upon the dispatch of an Acceptance email by us to you, a sale-and-purchase agreement for the type and number of Packages as explicitly stated in the Acceptance email (the “Booking”) shall be deemed concluded between you and AO Travel. If the Acceptance email sent to you by AO Travel has an error, you are responsible for contacting us to notify us if you find any error with your order. If we find an error with your order, you will be notified of the error by email detailing the correct information. For the avoidance of doubt, we shall refund to you any monies paid to AO Travel for the Package order to which an Acceptance email has not been dispatched by AO Travel.
  • 3.3 Payment terms for Packages are on a staged payment basis as follows:

 

  • If booking prior to 31 August 2022:

    1. 25% Deposit due at time of booking
    2. 25% Due 31 August 2022
    3. 50% Due 31 October 2022

     

    If booking on or after 1 September 2022:

    1. 50% Deposit due at time of booking
    2. 50% Due 31 October 2022

     

    If booking on or after 31 October 2022:

    1. 100% Deposit due at time of booking

 

  • 3.4 Payments can be made by internet banking electronic funds transfer, Visa, Mastercard, or American Express. Please note that a credit card service charge of 3% will be incurred for any payments made by Visa or Mastercard or American Express.
  • 3.5 If you pay by internet banking, please quote your Booking reference and surname or invoice number in the transaction to enable AO Travel to allocate and identify your payment correctly.
  • 3.6 If any payment is not received by AO Travel within the timeframes outlined above, AO Travel reserves the right to cancel your Booking without refund to you of any amounts already paid to AO Travel.
  • 3.7 Except as otherwise stated in these Terms and Conditions or as required by law, if AO Travel is unable to supply you with your ordered Package(s) for any reason including an error on the AO Travel website such as an incorrect price being displayed or if we cannot obtain the relevant Tickets or Premium Experiences, we will promptly inform you of this by email and will cancel your Booking. We will refund you the full amount paid for the Package(s) and, except with respect to any Non-excludable Obligations, AO Travel will incur no further liability to you.

 

4. Cancellation by you

  • 4.1 All cancellations must be requested in writing to [email protected] from the Purchaser and are only effective from the date they are received by us.
  • 4.2 Other than as specifically permitted under clauses 2.5, 5, or 6.3 of these Booking Terms or in accordance with applicable laws (including any except Non-excludable Obligations), you are not entitled to cancel your Booking.
  • 4.3 Most of our arrangements with suppliers are non-refundable and, subject to clause 6.3, AO Travel is under no obligation to pursue any suppliers for refunds.

 

5. Refunds for Tickets and Premium Experiences

  • 5.1 Without limiting any Non-excludable Obligations, in relation to Tickets and/or Premium Experiences included in your Package, you will receive a full refund for Tickets and/or Premium Experiences included in your package if:
    1. the AO is cancelled in its entirety (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
    2. the Session related to your Ticket and/or Premium Experience is cancelled in whole (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
    3. you are entitled to a refund under the Ticket Conditions of Sale and Entry or Premium Experience Conditions of Sale and Entry (as applicable);
    4. AO Travel is unable to provide you with a Ticket or Premium Experience due to a Change, you will receive a full refund for the Ticket or Premium Experience. A “Change” is defined as the AO being, either in whole or part, rescheduled, relocated, extended, replaced with alternative content or impacted by changes to the permitted activities and capacities at the Venue for any reason;
    5. you have Covid 19 symptoms and you are legally required to isolate and you notify us and provide us with some evidence (e.g. a medical certificate) at least 24 hours prior to the commencement of your package itinerary; or
    6. you are prevented from travelling to Melbourne due to State, Territory or Commonwealth government travel restrictions and you advise us that you are unable to travel at least ten days before the commencement of your Package itinerary.

 

6. Refunds for Travel Element

 

  • Covid-19 and Event Cancellation
  • 6.1 Without limiting any Non-excludable Obligations, in relation to the elements of your Package other than the Tickets and/or Premium Experience (i.e. Travel Elements), you will receive a full refund if:
    1. prior to the commencement of your Package’s itinerary the whole AO is cancelled as a result of Covid-19 requirements or restrictions;
    2. you are prevented from travelling to Melbourne due to State, Territory or Commonwealth government travel restrictions and you advise us that you are unable to travel at least ten days before the commencement of your Package itinerary;
    3. you have Covid-19 symptoms and you are legally required to isolate and you notify us and provide us with some evidence (e.g. a medical certificate) at least 24 hours prior to the commencement of your Package itinerary; or
    4. other circumstances arise, where we feel it is appropriate in our sole discretion;
    5. where required by law, including under any Non-Excludable Obligations.

 

  • Force Majeure
  • 6.2 If we are delayed in or prevented from performing our obligations due to a Force Majeure Event, then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
  • 6.3 Both parties obligations shall be suspended while such Force Majeure Event continues.
  • 6.4 In the event that a part or the whole of the Package cannot be performed due to a Force Majeure Event, including cancellation of the AO for reasons other than Covid-19 requirements or restrictions or if the AO is cancelled (or spectators are not permitted) after the commencement of your Package itinerary, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible and will pass on all refunds to you in relation to the part or whole of the Package which has not been provided.
  • 6.5 Force Majeure Event is defined in Appendix 1.

 

7. Unused services

  • 7.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation or any Non-excludable Obligations, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the Package inclusions.

 

8. Changes by AO Travel

  • 8.1 Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right, to reasonably modify any Package, accommodation, in-destination activity or arrangement included in your Package at any time. We will use all reasonable endeavours to limit any such change.
  • 8.2 We will advise you, in writing, of any changes at the earliest possible date. In circumstances where such a change results in the relevant inclusion not being of substantially the same or equivalent value or quality, and you do not wish to proceed with the Package as varied under clause 8.1, you may cancel your Booking within 14 days of notification of the variation and will be provided with a full refund.
  • 8.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, we will use reasonable endeavours to provide alternative services and give you notice of any changes that are made. If you do not wish to proceed with the Package as varied under clause 8.3, you may cancel your Booking within 14 days of notification of the variation and will be provided with a full refund.

 

9. Tour group sizes

  • 9.1 Some inclusions in Packages are based on a minimum number of persons travelling. If an inclusion fails to satisfy minimum numbers, we will notify you and (a) provide you a full refund in respect of the inclusion which is not being provided to you or (b) you may choose to cancel the Package and receive a full refund for the Package.

 

10. Disabilities & special requests

  • 10.1 If you suffer from reduced mobility or have any other disability or medical condition which may affect your holiday arrangements or use of the Package (or any of its inclusions), you must provide us with full details before booking so that we can advise you if we can accommodate your request and provide you with precise information as to the suitability of the holiday taking into account your needs. We will not be responsible for any damage, injury, death or loss of any kind resulting from your failure to fully disclose relevant mobility, disability or medical information.
  • 10.2 Please also promptly inform us in writing in the event that any material change in your mobility, any other disability or medical condition occurs after your Booking has been confirmed.
  • 10.3 If you have any dietary requests, allergies or any other special request, please advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, this is not confirmation that the request will be met. All requests are subject to availability.

 

11. Flights

  • 11.1 Flights are not considered as part of your Package and are considered a separate product booked on your behalf with the relevant airline and are not provided under these Terms and Conditions.
  • 11.2 If an air reservation is made by AO Travel on your behalf as part of a Package, full payment may be required for your airfare at the time of booking. AO Travel does not hold an allocation of air seats and all flight reservations are made on request and are subject to the terms and conditions of the relevant airline. Changes to flight itineraries and name changes and/or corrections may either not be allowed or may result in penalties charged by the airline. Airlines change prices and routes from time to time. All air routings are in the sole control of the airline and are subject to change at any time.
  • 11.3 After payment has been received, any changes, including cancellations, incur a service fee of $35 per person, plus any airline penalties.
  • 11.4 Flight delays, flight cancellations and schedule changes are the responsibility of the airline. Any refunds will be in accordance with the relevant airline’s fare rules and conditions of carriage. AO Travel will not be responsible or liable for such delays or rescheduling and extra charges.
  • 11.5 AO Travel cannot be held responsible for your inability to travel. Except as specified in clause 5 or 6, if you cannot travel for any reason outside of AO Travel’s control, you will not be entitled a Package refund in circumstances where AO Travel can fulfil the Package. You should ensure you have adequate travel insurance to cover any losses that result from inability to travel, including cancelled flights.
  • 11.6 As airlines reserve the right to alter schedules, AO Travel cannot be held responsible when confirmed flights are subsequently changed or cancelled by airlines. Once issued, airline tickets are non-refundable and non- transferable, except in accordance with the relevant airline’s fare rules and conditions of carriage, or as required by law. Please refer to the airline fare rules and conditions of carriage.
  • 11.7 In the event that we receive a refund for any flights booked on your behalf, we will pass on any refund to you. If we receive a credit in lieu of a refund for cancelled flights, we will hold the credit on your behalf to be used at your discretion. Use of flight credits held by us are not required to be used in conjunction with AO Travel Packages and may be used at any time in accordance with the airline fare rules and conditions of carriage.
  • 11.8 Domestic connections from main centres will be specified if available. Add-on fares from other domestic points are available at extra cost. Please contact AO Travel if you require assistance in this regard.
  • 11.9 All travel booked alongside a Package will be subject to the relevant airline's fare rules and conditions of carriage in force from time to time. AO Travel shall not be liable for any breaches by you of the fare rules or conditions of carriage and any subsequent refusal of the airline to allow you to travel.
  • 11.10 All journey times are approximate. AO Travel shall not be responsible for delays or cancellation (or any resulting loss or damage) caused by reasons outside of its direct control.

 

12. Accommodation

  • 12.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
  • 12.2 Hotel and facility descriptions on the AO Travel website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Booking.
  • 12.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
  • 12.4 AO Travel will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.

 

13. AO Travel merchandise

  • 13.1 Where applicable, please choose AO Travel merchandise sizes carefully as it will not be possible to exchange these items at a later date for size reasons or because you change your mind.
  • 13.2 While every effort will be made to ensure all tour merchandise is correct, AO Travel cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.

 

14. Tickets

  • 14.1 All Tickets or Premium Experience passes included in your Package are supplied in accordance with Tennis Australia’s Conditions of Sale and Entry and/or Premium Experiences Conditions of Sale and Entry as supplied to you by us. You agree to comply with the relevant Ticket Conditions of Sale and Entry and Premium Experiences Conditions of Sale and Entry, as applicable.
  • 14.2 The Tickets and/or Premium Experience passes that form part of your Package may not be resold or transferred without AO Travel’s prior written consent, and you cannot advertise or offer a Ticket or Premium Experience pass for transfer or resale on the internet or through any other medium. Tickets and Premium Experience passes also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of AO Travel.
  • 14.3 If AO Travel is made aware of any prohibited use of your Tickets and/or Premium Experience passes, AO Travel reserve the right to cancel your Tickets and/or Premium Experience or Package with no liability to you and may refuse to transfer your Booking.
  • 14.4 We will distribute your Tickets and/or Premium Experience passes to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to commencement of your itinerary but reserve the right to amend this at any time. Once distributed, Tickets and Premium Experience passes are your responsibility and cannot be replaced. You must display the correct Ticket or Premium Experience pass to gain entry to the relevant venue, and the venue operator may refuse your entry if you do not display the correct Ticket or Premium Experience pass. AO Travel cannot be held responsible and is not liable for any loss if you are refused entry for displaying an incorrect Ticket or Premium Experience pass.
  • 14.5 Please note that AO Travel cannot be held responsible where the position or perceived quality of your seat does not meet your personal expectations.
  • 14.6 When booking a Package through the AO website you are able to select the specific section, row and seat number for each Ticket in your Booking. While we will use our best endeavours to ensure your chosen seats remain allocated to you, there may circumstances where your chosen seating allocation may be required to change. In such circumstances, you will be contacted to arrange an alternative seating allocation.

 

15. Itineraries

  • 15.1 The date, time and venue of a Session may change due to reasons outside our control. AO Travel is not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.

 

16. Special Events and promotions

  • 16.1 The celebrities or players in attendance at an event organised by AO Travel are at the complete discretion of AO Travel and you acknowledge that the people advertised as being in attendance at the AO may change at short notice.

 

17. AO Travel responsibilities

  • 17.1 The services that we supply in relation to the Package consist solely of:
    1. Arranging and coordinating travel, accommodation, Tickets, Premium Experiences and associated events; and
    2. Making Bookings and issuing Tickets and Premium Experience passes to customers for the provision of services and facilities by third party suppliers.
  • 17.2 We undertake to perform these services in accordance with relevant laws (including any Non-excludable Obligations), with due care and skill. However, without limiting any Non-excludable Obligations, AO Travel will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of AO Travel and its employees - including (but not limited to) suppliers of travel, accommodation, food and beverage, Premium Experiences, and Tickets in connection with your Package.
  • 17.3 Without limiting any Non-excludable Obligations and to the extent permitted by law, AO Travel’s liability to you (and all other people for whom the Booking is made) will be limited to the value of the total cost of your Package, except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

18. Customer conduct

  • 18.1 We are here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behaviour from our customers. We will refuse to deal with and may terminate without providing refunds the Package of customers who act in a manner deemed unacceptable by us and you may be barred from future trips with AO Travel and Sports Travel and Hospitality family of brands. This may include (but is not limited to):
    1. verbally abusive or offensive language towards anyone;
    2. bullying behaviour;
    3. inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
    4. excessive consumption of alcohol or intoxication;
    5. the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);
    6. failure to comply with AO Travel’s (including a representative’s) reasonable direction;
    7. the possession, carriage or use of dangerous items (such as weapons);
    8. breaking the law of the Country or State in which you are travelling; and
    9. any behaviour or conduct which brings AO Travel into disrepute or damages its goodwill.

 

19. Documentation

  • 19.1 Please check all of the confirmation emails and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before the commencement of your Package itinerary or we cannot guarantee the errors will be corrected to your satisfaction. AO Travel will not accept responsibility for any documents subsequently altered without AO Travel’s consent.

 

20. Passport and visa requirements

  • 20.1 If your Package includes services fulfilled outside of the country you reside in, you will need a current passport that must be valid for at least six (6) months after your return.
  • 20.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return.
  • 20.3 You must ensure that you are aware of any health requirements and recommended precautions relevant to your Booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination) or proof of testing (e.g. proof of negative Covid-19 test) may deny you entry into Australia, the state of Victoria and/or the AO. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
  • 20.4 Official travel advice including general health advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your Booking and prior to departure. 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 at https://covid19.homeaffairs.gov.au.

 

21. Accident Compensation

  • 21.1 Without limiting any Non-excludable Obligations and to the extent permitted by law, AO Travel is not responsible for any personal injury you (or any person for whom the Booking is made) suffer during your travels or arising out of or in connection with use of a Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

22. Limitation of Liability

  • 22.1 Except as required by law (and to the minimum extent required by law),without limiting any Non-excludable Obligations, neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
  • 22.2 AO Travel will not be liable where any failure in the performance of our obligations under these Terms and Conditions due to:
    1. you (or any person for whom the Booking is made) member of your party (for example if you break a law in the country visited);
    2. a third party unconnected with the provision of your Package or arrangements;
    3. unusual, unavoidable, unforeseeable and extraordinary circumstances beyond AO Travel’s control, the consequences of which could not have been avoided even if all due care had been exercised; or
    4. an event which AO Travel or AO Travel suppliers, even with all due care, could not foresee or prevent.
  • 22.3 Without limiting any Non-excludable Obligations, to the extent that AO Travel have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.
  • 22.4 You will indemnify AO Travel from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by AO Travel as a result of a breach by you (or any person for whom the Booking is made) of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you (or any person for whom the Booking is made), except to the extent that such claims, costs, losses, damages, expenses, demands and liabilities arise as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

23. Privacy

  • 23.1 AO Travel’s collection, storage, and use of your personal information is subject to AO Travel’s privacy policy which can be found at ausopentravel.com, and is also subject to all applicable laws, including the Privacy Act 1988 (Cth).
  • 23.2 When making a Booking, we are required to collect the following details from you for each individual who will be attending the AO as part of your Booking, to pass onto Tennis Australia to assist them with any ticketing queries (including lost tickets) which may arise during the AO: name, suburb, state of residence, country and seat number details. You agree that providing this information is a condition of you purchasing the Package.
  • 23.3 You have the right to access your personal information stored in the AO Travel database and to have it updated and corrected as necessary by emailing [email protected].

 

24. Australian Consumer Law

  • 24.1 Australian Consumer Law applies to the services we provide and nothing in these Terms and Conditions operates to exclude, restrict or modify:
    1. the application of any consumer guarantee, condition or warranty,
    2. the exercise of any right or remedy, or
    3. the imposition of any liability;
    that is implied or conferred under the Australian Consumer Law (or any other law replacing the Australian Consumer Law), the exclusion, restriction or modification of which would contravene that law or cause any term of these Terms and Conditions to be void ('Non-excludable Obligations').

 

25. Frustrated Contracts Act 1978

  • 25.1 The Frustrated Contracts Act 1978 does not apply to these Terms and Conditions. Therefore, neither party may make any claim relying on the Frustrated Contracts Act 1978 in the event that this contract is deemed to be frustrated.

 

26. Acknowledgement

  • 26.1 YOU ACKNOWLEDGE THAT GOVERNMENTS, EITHER AT STATE, FEDERAL OR NATIONAL LEVEL, MAY IMPOSE BORDER RESTRICTIONS AT ANY TIME. IN THE EVENT BORDER RESTRICTIONS ARE IMPOSED BY ANY GOVERNMENT AT A STATE, FEDERAL OR NATIONAL LEVEL, AO TRAVEL WILL NOT BE LIABLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU AS A RESULT OF THE BORDER RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, THE COST OF QUARANTINE AT A MANAGED ISOLATION FACILITY AND/OR ANY ADDITIONAL ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES NOT INCLUDED IN YOUR PACKAGE.

 

27. Claims & complaints

  • 27.1 If you have a complaint about your Package, please inform one of our AO Travel staff at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means, then any further complaint should be put in writing to us within 30 days of the completion of your Package by sending an email to [email protected].

 

28. Accuracy

  • 28.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change without notice and AO Travel cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances. Moreover, photographs and descriptions of locations or attractions are merely representative of conditions that existed at time of brochure printing and conditions may not be the same at the time of your Package.
  • 28.2 In the case of computer or human billing errors, we reserve the right to re-invoice customers and their travel agents with correct billing.

 

29. Severability

  • In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.

 

30. Governing law

  • 30.1 These Terms and Conditions are governed by the laws of Victoria and the courts of Victoria shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.

 

Appendix 1

Acceptance: refers to a confirmation from AO Travel that your order for a Package has been received and accepted. The Acceptance email will include details of the Package and payment information.

Accommodation: refers to accommodation booked by us on your behalf for the period of your Package for the purposes of attending the AO.

AO: refers to the Australian Open 2023.

AO Travel: refers to Sports Travel and Hospitality Australia Pty Ltd, ABN 11 638 319 543, incorporated in Australia whose registered office is Level 40, Governor Macquarie Tower, 1 Farrer Place, Sydney, NSW, 2000, Australia.

Booking: refers to the sale and purchase agreement entered into between AO Travel and you to purchase Package(s).

Force Majeure Event: refers to any event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Tennis Australia and including for the avoidance of doubt any rescheduling, relocation, AO cancellation, the AO being held behind closed doors, or cancellation of the Tickets or Premium Experience passes as a result of any of the foregoing.

Non-Excludable Obligation: has the meaning given to it in clause 24.

Package: refers to the combination of a Ticket and/or a Premium Experience with either a return flight or Accommodation (or both) for the purpose of attending and viewing the relevant AO.

Premium Experience: refers to hospitality products provided by Tennis Australia for the AO, made available by AO Travel for purchase by you and/or hospitality products operated and sold by AO Travel.

Premium Experience Conditions of Sale and Entry: mean the terms and conditions applicable to each Premium Experience pass, which will be provided to you by us and which may be amended by Tennis Australia from time to time in Tennis Australia’s absolute discretion.

Session: means a day or evening session of tennis matches at the AO held at a Venue.

Tennis Australia: refers to Tennis Australia Limited, Melbourne Park, Olympic Boulevard, Melbourne, Victoria, 3000, Australia, who is the governing body of tennis is Australia and owns and conducts the AO at the Venues.

Terms and Conditions: refers to these Terms and Conditions.

Ticket: refers to Tickets to the relevant Session of the AO.

Ticket Conditions of Sale and Entry: refers to the terms and conditions applicable to each Ticket to a Session of the AO, which will be provided to you by us and which may be amended by Tennis Australia time to time in Tennis Australia’s absolute discretion.

Travel Elements: refers to all elements of your Package, other than the Ticket and/ or Premium Experiences.

 

NEW ZEALAND BOOKING TERMS AND CONDITIONS

Please read the following Terms and Conditions carefully before purchasing a Package. By placing a Booking with AO Travel, you agree to be bound by each of the provisions of these Terms and Conditions (the “Terms and Conditions”).

References to "AO Travel" “us”, “we”, orour” are to Sports Travel and Hospitality Australia Pty Ltd, ABN 11 638 319 543, and references to "you" are to you as the customer that purchases (or otherwise obtains or uses) a Package.

These Terms and Conditions govern the supply of all Packages (as defined herein) by AO Travel.

Definitions

In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the meanings set out in Appendix 1 of these Terms and Conditions:

Important Covid-19 and Refund Information

The Australian and Victorian Governments have in place Covid-19 related border entry restrictions, border entry requirements (including relating to testing and vaccination), and restrictions on activities. In certain circumstances there may be a legal requirement to quarantine or isolate for a period of time at the time of entry to the jurisdiction or as a result of a triggering event occurring while in the jurisdiction, including if you are infected with Covid-19 or come into close contact with a person infected with or demonstrating symptoms of Covid-19.

With respect to the Australian Government, official travel advice including general health advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au.

With respect to the Victorian Government, official Covid-19 related information is available by visiting: https://www.coronavirus.vic.gov.au/

We strongly recommend that you review and consider this information prior to making your Booking, prior to departure and while in the jurisdiction, as the information and requirements are subject to change.

We also 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 at https://covid19.homeaffairs.gov.au and Victorian border arrangements, travel and quarantine requirements available at https://www.coronavirus.vic.gov.au/

You must ensure that you are aware of any health requirements, as well as Australian and/or Victorian requirements or restrictions, relevant to your Booking and you must ensure that you carry all necessary testing and vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination with an approved or recognised vaccine) and/or proof of testing (e.g. proof of a negative Covid-19 test with an approved provider within a specified period of time prior to arrival) may deny you entry into Australia, the State of Victoria and/or the AO event.

We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.

Refunds:

Refunds related to Covid-19 and event cancellation will be in accordance with clauses 5 and 6 of these Terms and Conditions.

1. Booking Conditions

  • 1.1 Age: You must be at least 18 years old to purchase a Package.
  • 1.2 Lead booker: If you are making a Booking for more than one person, the person submitting the online Booking form and/or who signs the Booking form is the purchaser of the Package (Purchaser). You as the Purchaser are responsible for:
    1. Making full payment of the price of the Package purchased, including any insurance premiums and cancellation or amendment charges;
    2. Keeping all other people for whom the Booking is made fully informed, as all documents and information regarding the Package will be sent to the Purchaser; and
    3. Procuring that all other people for whom the Booking is made understand, agree to and comply with the provisions of these Terms and Conditions, the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable). For the avoidance of doubt, the Purchaser shall be responsible for any breach of these Terms and Conditions, the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable) by any other person for whom the Booking is made or to whom the Purchaser makes a Package available.
  • 1.3 Insurance: If purchasing a Package, you must purchase adequate travel insurance for you and all other members of your touring group at or around the time of purchasing your Package and in any case prior to departure on your travel date. Except as otherwise set out in these Terms and Conditions or in accordance with applicable laws, AO Travel will not be liable to provide a refund or cancel your Booking if, for any reason, you are unable to utilise the Package other than for a reason attributable to AO Travel.
  • 1.4 Consent to photos: Photographers and film makers may be in attendance at the AO and may capture your image. It is a condition of purchase of a Package that you consent to being photographed, filmed, identified and/or otherwise recorded by AO Travel and/or Tennis Australia (or their suppliers) at the AO. Such persons, without payment, shall have the right to use any such photographs, film or recordings both during and after your trip, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial, including without limiting the foregoing, for the purposes of marketing AO Travel services in brochures and/or on any website.
  • 1.5 AO Terms and Conditions: you must comply at all times with the relevant AO terms and conditions issued by Tennis Australia Limited (including the Ticket Conditions of Sale and Entry and/or the Premium Experience Conditions of Sale and Entry (as applicable)).
  • 1.6 Booking with a travel agent: If you book your Package through a travel agent then you acknowledge and agree that for your booking to be confirmed and maintained, we must have received all payments from you or your travel agent as detailed in clause 3 and 4. You also agree that your travel agent is independent of AO Travel and our control; and that unless expressly authorised by us in writing or as required by law, we are not bound by or liable for anything affecting us that the agent may or may not do.

 

2. Prices

  • 2.1 All prices are stated in Australian Dollars per person and include any applicable GST.
  • 2.2 Prices are based on payment by internet banking electronic funds transfer, or credit / debit card.
  • 2.3 Please note that for contractual reasons, the Package price cannot be itemized. The Package price only includes the services specified in your Package itinerary. Any personal incidental costs incurred during travel are excluded.
  • 2.4 Each amendment made to the Booking within 100 days of the commencement date of your Package itinerary will incur an amendment fee of $100 per amendment per person, in addition to any fees charged by suppliers. No changes are permitted within 14 days of travel or the Session date (as applicable).

 

3. Deposit and payment

  • 3.1 Pursuant to these Terms and Conditions, you can place orders for the purchase of Packages from AO Travel on the website www.ausopentravel.com. Numbers available for purchase for each type of Package are limited. The number of Packages that you may purchase will be determined by us in our sole discretion.
  • 3.2 We shall be under no binding commitment to provide any Package in relation to an order for purchase, unless and until we dispatch an Acceptance email to you. Upon the dispatch of an Acceptance email by us to you, a sale-and-purchase agreement for the type and number of Packages as explicitly stated in the Acceptance email (the “Booking”) shall be deemed concluded between you and AO Travel. If the Acceptance email sent to you by AO Travel has an error, you are responsible for contacting us to notify us if you find any error with your order. If we find an error with your order, you will be notified of the error by email detailing the correct information. For the avoidance of doubt, we shall refund to you any monies paid to AO Travel for the Package order to which an Acceptance email has not been dispatched by AO Travel.
  • 3.3 Payment terms for Packages are on a staged payment basis as follows:

 

  • If booking prior to 31 August 2022:

    1. 25% Deposit due at time of booking
    2. 25% Due 31 August 2022
    3. 50% Due 31 October 2022

     

    If booking on or after 1 September 2022:

    1. 50% Deposit due at time of booking
    2. 50% Due 31 October 2022

     

    If booking on or after 31 October 2022:

    1. 100% Deposit due at time of booking

 

  • 3.4 Payments can be made by internet banking electronic funds transfer, Visa, Mastercard, or American Express. Please note that a credit card service charge of 3% will be incurred for any payments made by Visa or Mastercard or American Express.
  • 3.5 If you pay by internet banking, please quote your Booking reference and surname or invoice number in the transaction to enable AO Travel to allocate and identify your payment correctly.
  • 3.6 If any payment is not received by AO Travel within the timeframes outlined above, AO Travel reserves the right to cancel your Booking without refund to you of any amounts already paid to AO Travel.
  • 3.7 Except as otherwise stated in these Terms and Conditions or as required by law, if AO Travel is unable to supply you with your ordered Package(s) for any reason including an error on the AO Travel website such as an incorrect price being displayed or if we cannot obtain the relevant Tickets or Premium Experiences, we will promptly inform you of this by email and will cancel your Booking. We will refund you the full amount paid for the Package(s) and, except with respect to any Non-excludable Obligations, AO Travel will incur no further liability to you.

 

4. Cancellation by you

  • 4.1 All cancellations must be requested in writing to financ[email protected] from the Purchaser and are only effective from the date they are received by us.
  • 4.2 Other than as specifically permitted under clauses 2.5, 5, or 6.3 of these Booking Terms or in accordance with applicable laws (including any except Non-excludable Obligations), you are not entitled to cancel your Booking.
  • 4.3 Most of our arrangements with suppliers are non-refundable and, subject to clause 6.3, AO Travel is under no obligation to pursue any suppliers for refunds.

 

5. Refunds for Tickets and Premium Experiences

  • 5.1 Without limiting any Non-excludable Obligations, in relation to Tickets and/or Premium Experiences included in your Package, you will receive a full refund for Tickets and/or Premium Experiences included in your package if:
    1. the AO is cancelled in its entirety (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
    2. the Session related to your Ticket and/or Premium Experience is cancelled in whole (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
    3. you are entitled to a refund under the Ticket Conditions of Sale and Entry or Premium Experience Conditions of Sale and Entry (as applicable);
    4. AO Travel is unable to provide you with a Ticket or Premium Experience due to a Change, you will receive a full refund for the Ticket or Premium Experience. A “Change” is defined as the AO being, either in whole or part, rescheduled, relocated, extended, replaced with alternative content or impacted by changes to the permitted activities and capacities at the Venue for any reason;
    5. you have Covid 19 symptoms and you are legally required to isolate and you notify us and provide us with some evidence (e.g. a medical certificate) at least 24 hours prior to the commencement of your package itinerary; or
    6. you are prevented from travelling to Melbourne due to State, Territory or Commonwealth government travel restrictions and you advise us that you are unable to travel at least ten days before the commencement of your Package itinerary.

 

6. Refunds for Travel Element

 

  • Covid-19 and Event Cancellation
  • 6.1 Without limiting any Non-excludable Obligations, in relation to the elements of your Package other than the Tickets and/or Premium Experience (i.e. Travel Elements), you will receive a full refund if:
    1. prior to the commencement of your Package’s itinerary the whole AO is cancelled as a result of Covid-19 requirements or restrictions;
    2. you are prevented from travelling to Melbourne due to State, Territory or Commonwealth government travel restrictions and you advise us that you are unable to travel at least ten days before the commencement of your Package itinerary;
    3. you have Covid-19 symptoms and you are legally required to isolate and you notify us and provide us with some evidence (e.g. a medical certificate) at least 24 hours prior to the commencement of your Package itinerary; or
    4. other circumstances arise, where we feel it is appropriate in our sole discretion;
    5. where required by law, including under any Non-Excludable Obligations.

 

  • Force Majeure
  • 6.2 If we are delayed in or prevented from performing our obligations due to a Force Majeure Event, then such delay or non-performance shall not be deemed a breach or entitle a claim for injury, damage, loss, delay, additional expenses or inconvenience.
  • 6.3 Both parties obligations shall be suspended while such Force Majeure Event continues.
  • 6.4 In the event that a part or the whole of the Package cannot be performed due to a Force Majeure Event, including cancellation of the AO for reasons other than Covid-19 requirements or restrictions or if the AO is cancelled (or spectators are not permitted) after the commencement of your Package itinerary, we will take all reasonable steps to source refunds from third party suppliers to the maximum extent possible and will pass on all refunds to you in relation to the part or whole of the Package which has not been provided.
  • 6.5 Force Majeure Event is defined in Appendix 1.

 

7. Unused services

  • 7.1 Without limiting any other provision of the Terms and Conditions relating to refunds or cancellation or any Non-excludable Obligations, refunds will not be provided where for any reason, including without limitation due to illness or personal choice, you do not utilise part of or all of the Package inclusions.

 

8. Changes by AO Travel

  • 8.1 Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right, to reasonably modify any Package, accommodation, in-destination activity or arrangement included in your Package at any time. We will use all reasonable endeavours to limit any such change.
  • 8.2 We will advise you, in writing, of any changes at the earliest possible date. In circumstances where such a change results in the relevant inclusion not being of substantially the same or equivalent value or quality, and you do not wish to proceed with the Package as varied under clause 8.1, you may cancel your Booking within 14 days of notification of the variation and will be provided with a full refund.
  • 8.3 Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, we will use reasonable endeavours to provide alternative services and give you notice of any changes that are made. If you do not wish to proceed with the Package as varied under clause 8.3, you may cancel your Booking within 14 days of notification of the variation and will be provided with a full refund.

 

9. Tour group sizes

  • 9.1 Some inclusions in Packages are based on a minimum number of persons travelling. If an inclusion fails to satisfy minimum numbers, we will notify you and (a) provide you a full refund in respect of the inclusion which is not being provided to you or (b) you may choose to cancel the Package and receive a full refund for the Package.

 

10. Disabilities & special requests

  • 10.1 If you suffer from reduced mobility or have any other disability or medical condition which may affect your holiday arrangements or use of the Package (or any of its inclusions), you must provide us with full details before booking so that we can advise you if we can accommodate your request and provide you with precise information as to the suitability of the holiday taking into account your needs. We will not be responsible for any damage, injury, death or loss of any kind resulting from your failure to fully disclose relevant mobility, disability or medical information.
  • 10.2 Please also promptly inform us in writing in the event that any material change in your mobility, any other disability or medical condition occurs after your Booking has been confirmed.
  • 10.3 If you have any dietary requests, allergies or any other special request, please advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, this is not confirmation that the request will be met. All requests are subject to availability.

 

11. Flights

  • 11.1 Flights are not considered as part of your Package and are considered a separate product booked on your behalf with the relevant airline and are not provided under these Terms and Conditions.
  • 11.2 If an air reservation is made by AO Travel on your behalf as part of a Package, full payment may be required for your airfare at the time of booking. AO Travel does not hold an allocation of air seats and all flight reservations are made on request and are subject to the terms and conditions of the relevant airline. Changes to flight itineraries and name changes and/or corrections may either not be allowed or may result in penalties charged by the airline. Airlines change prices and routes from time to time. All air routings are in the sole control of the airline and are subject to change at any time.
  • 11.3 After payment has been received, any changes, including cancellations, incur a service fee of $35 per person, plus any airline penalties.
  • 11.4 Flight delays, flight cancellations and schedule changes are the responsibility of the airline. Any refunds will be in accordance with the relevant airline’s fare rules and conditions of carriage. AO Travel will not be responsible or liable for such delays or rescheduling and extra charges.
  • 11.5 AO Travel cannot be held responsible for your inability to travel. Except as specified in clause 5 or 6, if you cannot travel for any reason outside of AO Travel’s control, you will not be entitled a Package refund in circumstances where AO Travel can fulfil the Package. You should ensure you have adequate travel insurance to cover any losses that result from inability to travel, including cancelled flights.
  • 11.6 As airlines reserve the right to alter schedules, AO Travel cannot be held responsible when confirmed flights are subsequently changed or cancelled by airlines. Once issued, airline tickets are non-refundable and non- transferable, except in accordance with the relevant airline’s fare rules and conditions of carriage, or as required by law. Please refer to the airline fare rules and conditions of carriage.
  • 11.7 In the event that we receive a refund for any flights booked on your behalf, we will pass on any refund to you. If we receive a credit in lieu of a refund for cancelled flights, we will hold the credit on your behalf to be used at your discretion. Use of flight credits held by us are not required to be used in conjunction with AO Travel Packages and may be used at any time in accordance with the airline fare rules and conditions of carriage.
  • 11.8 Domestic connections from main centres will be specified if available. Add-on fares from other domestic points are available at extra cost. Please contact AO Travel if you require assistance in this regard.
  • 11.9 All travel booked alongside a Package will be subject to the relevant airline's fare rules and conditions of carriage in force from time to time. AO Travel shall not be liable for any breaches by you of the fare rules or conditions of carriage and any subsequent refusal of the airline to allow you to travel.
  • 11.10 All journey times are approximate. AO Travel shall not be responsible for delays or cancellation (or any resulting loss or damage) caused by reasons outside of its direct control.

 

12. Accommodation

  • 12.1 While we will endeavour to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
  • 12.2 Hotel and facility descriptions on the AO Travel website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Booking.
  • 12.3 Bonds or credit card imprints may be required by hotels. These are usually requested by the hotel at the time of check-in.
  • 12.4 AO Travel will not be responsible for any charges for additional hotel services used by you or any costs charged by hotels due to damage caused by you, or for the return of any part of a bond payment.

 

13. AO Travel merchandise

  • 13.1 Where applicable, please choose AO Travel merchandise sizes carefully as it will not be possible to exchange these items at a later date for size reasons or because you change your mind.
  • 13.2 While every effort will be made to ensure all tour merchandise is correct, AO Travel cannot accept responsibility if the merchandise does not meet your personal expectations due to the limitations of the sizes, merchandise, or styles available.

 

14. Tickets

  • 14.1 All Tickets or Premium Experience passes included in your Package are supplied in accordance with Tennis Australia’s Conditions of Sale and Entry and/or Premium Experiences Conditions of Sale and Entry as supplied to you by us. You agree to comply with the relevant Ticket Conditions of Sale and Entry and Premium Experiences Conditions of Sale and Entry, as applicable.
  • 14.2 The Tickets and/or Premium Experience passes that form part of your Package may not be resold or transferred without AO Travel’s prior written consent, and you cannot advertise or offer a Ticket or Premium Experience pass for transfer or resale on the internet or through any other medium. Tickets and Premium Experience passes also cannot be used for advertising, promotion or other commercial purposes (including prizes, competitions or trade promotions) or to enhance the demand for other goods or services without the prior written permission of AO Travel.
  • 14.3 If AO Travel is made aware of any prohibited use of your Tickets and/or Premium Experience passes, AO Travel reserve the right to cancel your Tickets and/or Premium Experience or Package with no liability to you and may refuse to transfer your Booking.
  • 14.4 We will distribute your Tickets and/or Premium Experience passes to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to commencement of your itinerary but reserve the right to amend this at any time. Once distributed, Tickets and Premium Experience passes are your responsibility and cannot be replaced. You must display the correct Ticket or Premium Experience pass to gain entry to the relevant venue, and the venue operator may refuse your entry if you do not display the correct Ticket or Premium Experience pass. AO Travel cannot be held responsible and is not liable for any loss if you are refused entry for displaying an incorrect Ticket or Premium Experience pass.
  • 14.5 Please note that AO Travel cannot be held responsible where the position or perceived quality of your seat does not meet your personal expectations.
  • 14.6 When booking a Package through the AO website you are able to select the specific section, row and seat number for each Ticket in your Booking. While we will use our best endeavours to ensure your chosen seats remain allocated to you, there may circumstances where your chosen seating allocation may be required to change. In such circumstances, you will be contacted to arrange an alternative seating allocation.

 

15. Itineraries

  • 15.1 The date, time and venue of a Session may change due to reasons outside our control. AO Travel is not responsible for any additional costs if such changes do not fit in with your travel and accommodation plans.

 

16. Special Events and promotions

  • 16.1 The celebrities or players in attendance at an event organised by AO Travel are at the complete discretion of AO Travel and you acknowledge that the people advertised as being in attendance at the AO may change at short notice.

 

17. AO Travel responsibilities

  • 17.1 The services that we supply in relation to the Package consist solely of:
    1. Arranging and coordinating travel, accommodation, Tickets, Premium Experiences and associated events; and
    2. Making Bookings and issuing Tickets and Premium Experience passes to customers for the provision of services and facilities by third party suppliers.
  • 17.2 We undertake to perform these services in accordance with relevant laws (including any Non-excludable Obligations), with due care and skill. However, without limiting any Non-excludable Obligations, AO Travel will not be held liable for any loss, damage, or claim arising from acts or defaults outside the control of AO Travel and its employees - including (but not limited to) suppliers of travel, accommodation, food and beverage, Premium Experiences, and Tickets in connection with your Package.
  • 17.3 Without limiting any Non-excludable Obligations and to the extent permitted by law, AO Travel’s liability to you (and all other people for whom the Booking is made) will be limited to the value of the total cost of your Package, except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

18. Customer conduct

  • 18.1 We are here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behaviour from our customers. We will refuse to deal with and may terminate without providing refunds the Package of customers who act in a manner deemed unacceptable by us and you may be barred from future trips with AO Travel and Sports Travel and Hospitality family of brands. This may include (but is not limited to):
    1. verbally abusive or offensive language towards anyone;
    2. bullying behaviour;
    3. inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
    4. excessive consumption of alcohol or intoxication;
    5. the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);
    6. failure to comply with AO Travel’s (including a representative’s) reasonable direction;
    7. the possession, carriage or use of dangerous items (such as weapons);
    8. breaking the law of the Country or State in which you are travelling; and
    9. any behaviour or conduct which brings AO Travel into disrepute or damages its goodwill.

 

19. Documentation

  • 19.1 Please check all of the confirmation emails and documentation distributed to you in relation to your travel and accommodation to ensure it fully meets your requirements. You must bring any errors to our attention at least 14 days before the commencement of your Package itinerary or we cannot guarantee the errors will be corrected to your satisfaction. AO Travel will not accept responsibility for any documents subsequently altered without AO Travel’s consent.

 

20. Passport and visa requirements

  • 20.1 If your Package includes services fulfilled outside of the country you reside in, you will need a current passport that must be valid for at least six (6) months after your return.
  • 20.2 You must check passport, visa, immigration, health, and customs regulations and requirements well in advance. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return.
  • 20.3 You must ensure that you are aware of any health requirements and recommended precautions relevant to your Booking and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Covid-19 vaccination) or proof of testing (e.g. proof of negative Covid-19 test) may deny you entry into Australia, the state of Victoria and/or the AO. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
  • 20.4 Official travel advice including general health advice issued by the Australia Department of Foreign Affairs and Trade is available by visiting: https://www.smartraveller.gov.au. We recommend that you review and consider this information prior to making your Booking and prior to departure. 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 at https://covid19.homeaffairs.gov.au.

 

21. Accident Compensation

  • 21.1 Without limiting any Non-excludable Obligations and to the extent permitted by law, AO Travel is not responsible for any personal injury you (or any person for whom the Booking is made) suffer during your travels or arising out of or in connection with use of a Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

22. Limitation of Liability

  • 22.1 Except as required by law (and to the minimum extent required by law),without limiting any Non-excludable Obligations, neither party shall be liable to the other for any indirect or consequential losses, costs or damages that arise out of or that are in connection with any duty or obligation under these Terms and Conditions or any duty or obligation at law.
  • 22.2 AO Travel will not be liable where any failure in the performance of our obligations under these Terms and Conditions due to:
    1. you (or any person for whom the Booking is made) member of your party (for example if you break a law in the country visited);
    2. a third party unconnected with the provision of your Package or arrangements;
    3. unusual, unavoidable, unforeseeable and extraordinary circumstances beyond AO Travel’s control, the consequences of which could not have been avoided even if all due care had been exercised; or
    4. an event which AO Travel or AO Travel suppliers, even with all due care, could not foresee or prevent.
  • 22.3 Without limiting any Non-excludable Obligations, to the extent that AO Travel have any liability to you under these Terms and Conditions or at law, that liability shall be capped at the total cost of your Package except liability arising as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.
  • 22.4 You will indemnify AO Travel from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by AO Travel as a result of a breach by you (or any person for whom the Booking is made) of these Terms and Conditions or in connection with, resulting from, or arising out of any and all acts or omissions of you (or any person for whom the Booking is made), except to the extent that such claims, costs, losses, damages, expenses, demands and liabilities arise as a result of any negligence, fraud, wilful misconduct or breach by AO Travel.

 

23. Privacy

  • 23.1 AO Travel’s collection, storage, and use of your personal information is subject to AO Travel’s privacy policy which can be found at ausopentravel.com, and is also subject to all applicable laws, including the Privacy Act 2020.
  • 23.2 When making a Booking, we are required to collect the following details from you for each individual who will be attending the AO as part of your Booking, to pass onto Tennis Australia to assist them with any ticketing queries (including lost tickets) which may arise during the AO: name, suburb, state of residence, country and seat number details. You agree that providing this information is a condition of you purchasing the Package.
  • 23.3 You have the right to access your personal information stored in the AO Travel database and to have it updated and corrected as necessary by emailing [email protected].

 

24. Consumer Law

  • 24.1 Subject to clause 20.2, nothing in these Terms and Conditions is intended to limit or exclude AO Travel’s liability of your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Notwithstanding the foregoing, where you purchase or hold yourself out as purchasing a Package for the purposes of business, the provisions of the Consumer Guarantees Act will not apply to the supply of such services.

 

25. Frustrated Contracts

  • 25.1 The parties agree and acknowledge that cancellation of any Session due to a force majeure event or reasons relating to Covid-19 will not constitute impossibility of performance or frustration of these Terms and Conditions and that in such circumstances, this clause 23 will apply instead of Subpart 4 of the Contract and Commercial Law Act 2017.

 

26. Acknowledgement

  • 26.1 YOU ACKNOWLEDGE THAT GOVERNMENTS, EITHER AT STATE, FEDERAL OR NATIONAL LEVEL, MAY IMPOSE BORDER RESTRICTIONS AT ANY TIME. IN THE EVENT BORDER RESTRICTIONS ARE IMPOSED BY ANY GOVERNMENT AT A STATE, FEDERAL OR NATIONAL LEVEL, AO TRAVEL WILL NOT BE LIABLE FOR ANY ADDITIONAL COSTS INCURRED BY YOU AS A RESULT OF THE BORDER RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, THE COST OF QUARANTINE AT A MANAGED ISOLATION FACILITY AND/OR ANY ADDITIONAL ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES NOT INCLUDED IN YOUR PACKAGE.

 

27. Claims & complaints

  • 27.1 If you have a complaint about your Package, please inform one of our AO Travel staff at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means, then any further complaint should be put in writing to us within 30 days of the completion of your Package by sending an email to [email protected].

 

28. Accuracy

  • 28.1 All reasonable care has been taken to ensure the accuracy of information on the website and other published material - however, prices and services offered are subject to change without notice and AO Travel cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances. Moreover, photographs and descriptions of locations or attractions are merely representative of conditions that existed at time of brochure printing and conditions may not be the same at the time of your Package.
  • 28.2 In the case of computer or human billing errors, we reserve the right to re-invoice customers and their travel agents with correct billing.

 

29. Severability

  • 29.1 In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.

 

30. Governing law

  • 30.1 These Terms and Conditions are governed by the laws of Victoria and the courts of Victoria shall have exclusive jurisdiction to settle any dispute which may arise from these Terms and Conditions.

 

Appendix 1

Acceptance: refers to a confirmation from AO Travel that your order for a Package has been received and accepted. The Acceptance email will include details of the Package and payment information.

Accommodation: refers to accommodation booked by us on your behalf for the period of your Package for the purposes of attending the AO.

AO: refers to the Australian Open 2023.

AO Travel: refers to Sports Travel and Hospitality Australia Pty Ltd, ABN 11 638 319 543, incorporated in Australia whose registered office is Level 40, Governor Macquarie Tower, 1 Farrer Place, Sydney, NSW, 2000, Australia.

Booking: refers to the sale and purchase agreement entered into between AO Travel and you to purchase Package(s).

Force Majeure Event: refers to any event or circumstances beyond the reasonable control of a party, including without limitation industrial or civil disputes, war, governmental action, riot, fire, flood, drought, act of God, terrorism (including the threat of terrorism), an outbreak or spread of a virus or disease classified as a pandemic or an epidemic , any legislation, ruling, regulation, decision (including the failure to grant any necessary permissions) of any relevant government, court or Tennis Australia and including for the avoidance of doubt any rescheduling, relocation, AO cancellation, the AO being held behind closed doors, or cancellation of the Tickets or Premium Experience passes as a result of any of the foregoing.

Non-Excludable Obligation: has the meaning given to it in clause 24.

Package: refers to the combination of a Ticket and/or a Premium Experience with either a return flight or Accommodation (or both) for the purpose of attending and viewing the relevant AO.

Premium Experience: refers to hospitality products provided by Tennis Australia for the AO, made available by AO Travel for purchase by you and/or hospitality products operated and sold by AO Travel.

Premium Experience Conditions of Sale and Entry: mean the terms and conditions applicable to each Premium Experience pass, which will be provided to you by us and which may be amended by Tennis Australia from time to time in Tennis Australia’s absolute discretion.

Session: means a day or evening session of tennis matches at the AO held at a Venue.

Tennis Australia: refers to Tennis Australia Limited, Melbourne Park, Olympic Boulevard, Melbourne, Victoria, 3000, Australia, who is the governing body of tennis is Australia and owns and conducts the AO at the Venues.

Terms and Conditions: refers to these Terms and Conditions.

Ticket: refers to Tickets to the relevant Session of the AO.

Ticket Conditions of Sale and Entry: refers to the terms and conditions applicable to each Ticket to a Session of the AO, which will be provided to you by us and which may be amended by Tennis Australia time to time in Tennis Australia’s absolute discretion.

Travel Elements: refers to all elements of your Package, other than the Ticket and/ or Premium Experiences.