Tour Operator Terms and Conditions

Tour Operator’s Terms and Conditions
If a tour operator (“Tour Operator”) displays its products on Flatdog Adventure’s(“FDA”) website  or any other website created by FDA (“Website”) for purchase by customers of the Tour Operator’s tours (“Tours”) then the Tour Operator agrees to be bound by the following terms and conditions:
1.     FDA Website
a.     The Tour Operator shall keep all information and prices in respect of the Tour current and up to date at all times. The Tour Operator shall indemnify and keep indemnified FDA for any loss or damage FDA might suffer or incur as a result of any such error or inaccuracy in that information. FDA shall not be required to demand from a customer any price other than the Tour Operator’s price stated on the Website.
b.     FDA reserves the right to remove or refuse to display the Tour Operator’s Tour on its Website without having to provide the Tour Operator with any reasons for that decision.
2.     Bookings for Tour
a.     The Tour Operator agrees to honour all bookings for a Tour made through FDA or its Website (“Bookings”) in accordance with its advertised Tour displayed on the Website.
b.     The Tour Operator will use its best endeavours to:
                                      i.        Ensure that any allotment or availability for a Tour stated on the Website are accurate; and
                                     ii.        Not overbook any Tour.
c.     If the Tour Operator confirms a booking to FDA and is unable to honour such a Booking for any reason whatsoever, then the Tour Operator agrees at its own cost to place the Booking with another similar tour operator or refund such booking in full including commission paid to FDA.
3.     Fees and Charges
a.     The Tour Operator shall pay to FDA a commission (“Commission”) equivalent to 15% of the Tour Operator’s price for the Tour as displayed on the Website (“Price”). If the Booking is placed via an authorised link to the Website from another party (“Affiliate”), then at least the same Commission level will apply. FDA shall be at liberty to pay any part of the Commission to an Affiliate in any manner it sees fit. Commission may be subject to change following a 1 month notice period. The Tour Operator can opt not to continue displaying their Tours on the Website during this notice period by written request.
b.     FDA may also add to the Price a Booking fee of AUD$3.85 (inclusive of GST) (“Booking Fee”) which shall be retained by FDA. FDA may from time to time alter the Booking Fee by notice to the Tour Operator. All Prices displayed by the Tour Operator on the Website for a Tour must be inclusive of GST.
c.     The Tour Operator will upon request from FDA provide tax invoices for the Bookings. The Tour Operator shall be responsible for the GST applicable in respect of the Price for the Tour.
d.     If payment for a Booking is declined by a customer’s Bank for any reason whatsoever then FDA is not liable to pay any part of the Price to the Tour Operator.
e.     International Bank transfer fees of AU$30.00 are the responsibility of the Tour Operator and should be taken into account when pricing tours.
4.     Payment Terms
a.     In this Clause, “Net Price” means the Price less the Commission less the Booking Fee less transfer fee.
b.     FDA will pay to the Tour Operator’s nominated bank account the Net Price for all Tours taken in a calendar month within 14 days of the end of that month.
c.     The Tour Operator shall provide all necessary bank accounts and passwords as may be required to allow FDA to make payment to the Tour Operator’s bank account via money direct (or other means as FDA may use from time to time) and the Tour Operator agrees that FDA shall not be liable for any loss or damage whether direct or indirect as a result of the unauthorised use of the Tour Operator’s user name or password other than if such loss is a direct result of any act or omission on the part of FDA or its employees. The Tour Operator undertakes and agrees to change the username and password from time to time and advise FDA of those changes in a timely manner.
5.     Cancellation and Refund Policy
a.     On the date of travel of a Tour the Tour Operator shall:
                                      i.        ensure the customer signs a booking confirmation form; and
                                     ii.        sight and record sufficient identification details of the customer.
b.     If a customer alleges that they did not take a Tour due to fraud AND the Tour Operator cannot produce a booking confirmation form in accordance with sub-clause (a) above THEN:
                                      i.        FDA will refund to the Customer the Price paid; and
                                     ii.        the Tour Operator shall reimburse FDA for the refund paid to the Customer plus the Commission and the Booking Fee (or FDA shall be entitled to deduct the same from any payment due by FDA to the Tour Operator).
c.     FDA will otherwise use its reasonable endeavours to enforce the Tour Operator’s policy on cancellations or alterations to Bookings which are displayed on the Website but FDA will not be liable to the Tour Operator for the payment of any Price or part thereof if the customer cancels or alters the Booking. Notwithstanding any refund policy of the Tour Operator, FDA shall at all times be entitled to retain the Booking Fee and the Commission if a customer cancels or alters a Booking.
6.     Tour Operator Indemnity
The Tour Operator hereby agrees to indemnify and keep indemnified FDA against all costs claims or demands that FDA might suffer as a consequence of accepting a Booking on behalf of a Tour Operator including but not limited to any claim by a customer for a refund or as a result of any customer being injured or suffering loss as a result of taking part in a Tour.
7.     Jurisdiction
The Tour Operator agrees that the terms of this agreement shall be governed by the laws of Queensland and any dispute shall be heard by the court of appropriate jurisdiction in Queensland.

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