Terms and Conditions

By agreeing to the words below you acknowledge and agree that the terms and conditions set out herein shall constitute the agreement (Agreement) between you (Operator) and Digitravel Publishing Pty Ltd t/a planbooktravel. You acknowledge that the objective of the commercial relationship between you and planbooktravel is for planbooktravel to generate booking enquires on your behalf by strategically placing links on the planbooktravel.com.au and business.planbooktravel.com.au websites (planbooktravel network) to your products on the V3Travel System,  to be booked directly through you (Operator).

Agreed Terms:

1. Definitions

In this Agreement:

“Digitravel Publishing Pty Ltd” also trading as “planbooktravel” promotes tourism across Australia, inclusive of all States, Territories, Regions and locations and provides a service whereby a visitor can book accommodation and travel. Digitravel will be referred to herein as planbooktravel.

“The planbooktravel network” refers to the two websites; http://business.planbooktravel.com.au and http://www.planbooktravel.com.au

“Operator” means you, the supplier of tourism product.

“Visitor” means a member of the public who has placed a booking for the Operator’s Product through the planbooktravel network (www.planbooktravel.com.au or business.planbooktravel.com.au websites).

“Product” means the travel services offered by you the Operator.

“Vcubed Pty Ltd” will be referred to herein as 'v3'

“Customer” means the person making the booking enquiry.

“Priority Directory Listing” means a 'Paid', 'Classified Directory Listing' that is presented with additional fields as described on http://business.planbooktravel.com.au/advertise/paid-priority-listing, and listed with priority (at the top of the list) over Standard (non paid) classified advertisements, on regional and location tourism products (accommodation, tours, events, attractions etc) listing pages.

2. Product

2.1 The Operator will ensure that its Product is provided to the highest possible standards and quality, and that its Product and business comply at all times with all applicable legal requirements.

2.2 planbooktravel may attend at and inspect the Operator’s premises at a mutually convenient time, to verify that the Operator is complying with clause 2.1. If planbooktravel does so, the Operator should assist and cooperate with the inspection.

3. Information

The Operator must ensure that it regularly updates information via the v3Travel System and the Operator agrees that planbooktravel is not liable for any information displayed via the planbooktravel network for you the Operator.

4. Commission

A 10% commission is payable on all bookings that are generated via the planbooktravel network and directed to your (Operator) products and services on the v3Travel System. The Standard v3 booking fee also applies.

5. Bookings

5.1 The Operator authorises planbooktravel to display booking links on your behalf and direct users of the planbooktravel network to your products and services, managed by you (Operator) on the v3Travel System.

5.2 Where planbooktravel has generated a booking enquiry from a Customer (via method described in 5.1), the Operator must not offer to provide that Customer with the Operator’s Product on terms and conditions (including as to price) which are more favorable than those offered to the Customer by the planbooktravel network service on behalf of the Operator.

6. Cancellations and Refunds

6.1 If a booking enquiry, generated on behalf of the Operator, via the planbooktravel network, has been made for the Operator’s Product, and the Operator is then unable to supply the Product, the Operator must provide Product of a similar standard and quality acceptable to the Customer, or at the Customer’s election, promptly refund the money paid less the fees.

7. Customer Inquiries and Complaints

The Operator must respond to any enquiry or complaint by a Customer, within 14 days of receipt.

8. Sale of Operator’s Business

If the Operator proposes to sell the whole of its business, or the assets used to run its business, or a controlling interest in the shares in its business, the Operator must give planbooktravel written notice at least 14 days before the proposed sale, and upon such notice this Agreement will terminate automatically.

9. Indemnity and Insurance

9.1 The Operator must indemnify planbooktravel, and hold planbooktravel harmless, from and against any claim, demand, cost, loss or expense whether for personal injury, loss of property, breech of agreement, misrepresentation, breech of statutory duty, or any other cause whatsoever, in relation to the provision of (or failure to provide) Product.

9.2 The Operator must take out and maintain during the term of this Agreement, a policy of public liability insurance with a reputable insurer, where the limits of such policy are not less than:

• $10 million in relation to any one claim for Operators who hold a Dept of Environment and Heritage Tour Operator’s Licence, or

• $5 million in relation to any one claim for all other Operators.

10. Termination

10.1 planbooktravel may terminate this Agreement immediately by notice to the Operator:

10.1.1 If the Operator commits an act of bankruptcy or becomes subject to any form of insolvency administration.

10.1.2 If the Operator breeches this Agreement: or

10.1.3 If the Operator ceases to provide Product

11. planbooktravel Obligations and Responsibilities

11.1 All of planbooktravel's published commission, advertising and production rates are subject to change at planbooktravel's sole discretion.  Planbooktravel will use commercially reasonable efforts to announce all commission, advertising and production rate changes at least thirty (30) days in advance of their effective date.

11.2 Operators that apply for Paid Priority Listing services should refer to the planbooktravel advertisers agreement for terms and conditions: http://www.planbooktravel.com.au/conditions/terms-and-conditions-for-advertisers

12. General

12.1 This Agreement cannot be varied except by a further written agreement signed by both parties.

12.2 The terms and conditions of this agreement are governed by the laws of the State of Victoria.

12.3 This agreement does not create a joint venture, partnership, employment or agency relationship between planbooktravel and the Operator.

12.4 The commencement date of this agreement will be the date upon which the Operator accepts planbooktravel as a distributor via the v3 module.