General

 

Acceptance of Terms

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These Terms and Conditions apply to all quotations, bookings, travel arrangements, conferences, events, accommodation, transportation, cruises, tours, and related services arranged by Aqua Collective Group Pty Ltd ABN 54 692 761 014 ("Aqua Collective", "we", "our" or "us").

By requesting a quotation, making a booking, paying a deposit, making full payment, accepting an itinerary, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Nothing contained within these Terms and Conditions excludes, restricts, or modifies any rights or remedies available to consumers under the Australian Consumer Law.

Agency

Aqua Collective acts solely as an intermediary and booking agent for third-party suppliers including, but not limited to, airlines, hotels, resorts, cruise operators, rail operators, transportation providers, event venues, destination management companies, wholesalers, tour operators, and other travel service providers.

All travel arrangements are made on your behalf subject to the terms, conditions, rules, and limitations imposed by the relevant supplier.

You acknowledge that Aqua Collective is not the provider of the travel services and does not own, operate, manage, control, or provide the services supplied by third parties.

To the maximum extent permitted by law, any legal rights or remedies relating to the provision of travel services are against the relevant supplier and not Aqua Collective.

If for any reason a supplier is unable to provide the services contracted, your rights lie against that supplier and not Aqua Collective, except where otherwise required by law.

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Force Majeure

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Aqua Collective shall not be liable for any failure, delay, disruption, cancellation, modification, loss, damage, expense, inconvenience, or inability to perform its obligations where such circumstances arise due to events beyond our reasonable control.

Such events include, but are not limited to:

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• Natural disasters and acts of God

• Floods, cyclones, earthquakes, bushfires, volcanic activity, or severe weather events

• Pandemics, epidemics, infectious disease outbreaks, and public health emergencies

• Government actions, border closures, travel restrictions, sanctions, or regulations

• Quarantine requirements or health-related restrictions

• Airline failures, operational disruptions, or transportation interruptions

• Industrial action, strikes, lockouts, or labour disputes

• Civil unrest, riots, political instability, war, or terrorism

• Airport closures, port closures, or transport infrastructure failures

• Supplier insolvency or cessation of trading

• Any other event beyond our reasonable control

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In such circumstances, Aqua Collective's obligations are limited to providing reasonable assistance in seeking alternative arrangements, supplier remedies, travel credits, insurance claims, or other available options.

Any additional costs incurred as a result of such events remain the responsibility of the passenger unless recoverable from the supplier or insurer.

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Supplier Insolvency

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Aqua Collective is not responsible for the insolvency, administration, liquidation, bankruptcy, financial failure, cessation of trading, or inability to perform of any airline, hotel, cruise line, wholesaler, transportation provider, event venue, destination management company, tour operator, or other supplier.

Any refund, credit, compensation, or alternative arrangement remains subject to the supplier's policies and ability to provide such remedy.

Where supplier funds have already been remitted, Aqua Collective shall not be liable for amounts retained by the supplier due to insolvency or financial failure.

Passengers are strongly encouraged to obtain comprehensive travel insurance which includes supplier insolvency protection where available.

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Complaints and Claims

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Aqua Collective endeavours to ensure that all travel arrangements are delivered as booked and with due care and skill.

Should any issue arise during travel, passengers must raise the matter directly with the supplier at the time the issue occurs to allow an opportunity for the supplier to rectify the problem.

Failure to notify the supplier at the time of the issue may reduce the ability of Aqua Collective or the supplier to resolve the matter.

If the issue remains unresolved, written notification must be provided to Aqua Collective within thirty (30) days of the completion of travel.

Any complaint should include:

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• Booking reference

• Supporting documentation

• Photographs where relevant

• Copies of correspondence with the supplier

• Details of any expenses being claimed

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Aqua Collective will make reasonable efforts to assist in pursuing a resolution; however, any claim relating to the actual provision of travel services must ultimately be directed to the relevant supplier.

 

Governing Law

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These Terms and Conditions are governed by and shall be construed in accordance with the laws of Victoria, Australia.

Any dispute arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria.

If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

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Changes to Terms and Conditions

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Aqua Collective reserves the right to amend, update, or modify these Terms and Conditions at any time.

The applicable Terms and Conditions shall be those in effect at the time a booking is confirmed.​

Any updates will be published on our website and will take effect immediately upon publication unless otherwise stated.

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Booking & Payments

Deposits and Final Payment

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A non-refundable deposit may be required at the time of booking to secure travel arrangements, accommodation, transportation, event registrations, cruises, tours, or other services.

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Your consultant will advise you of all payment requirements and due dates at the time of quotation or confirmation.

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All payment due dates must be strictly adhered to. Failure to make payment by the specified due date may result in cancellation of your booking, release of held inventory, loss of deposits paid, supplier penalties, or cancellation fees.

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Aqua Collective accepts no responsibility for bookings cancelled due to non-payment.

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Quoted prices are valid for the payment methods specified in your quotation and are only guaranteed once paid in full unless otherwise stated.

 

Where payment is made by cheque, funds must be received and cleared at least five (5) business days prior to the due date.

 

Payment by credit card, debit card, or other electronic payment methods may attract a surcharge.

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Pricing Variations

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All prices are subject to availability and may be withdrawn or amended without notice prior to full payment being received.

Price increases may occur due to circumstances beyond our control, including but not limited to:

 

• Currency fluctuations

• Fuel surcharges

• Government taxes and charges

• Airport taxes and fees

• Airline fare increases

• Supplier price increases

• Accommodation rate increases

• Transportation cost increases

• Regulatory changes or government-imposed levies

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Where a supplier increases pricing prior to full payment being received, Aqua Collective reserves the right to pass these increases on to the passenger.

 

Once paid in full, prices are generally guaranteed except where mandatory supplier-imposed increases, government taxes, or charges are introduced after payment.

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Payment Methods

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Payments may be made by approved methods including:

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• Direct Bank Transfer

• Credit Card

• Debit Card

• Other approved payment methods advised by Aqua Collective

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Credit card and payment processing surcharges may apply and will be disclosed at the time of payment.

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Should payment not be received from a card issuer, financial institution, or payment processor for any reason, Aqua Collective reserves the right to recover the outstanding amount directly from the passenger.

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All costs associated with debt recovery, collection activity, legal proceedings, merchant fees, and chargeback disputes may be recovered from the passenger where permitted by law.

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Cancellations and Amendments

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We do not charge amendment fees while developing bookings and quotations to suit your requirements.

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Once travel arrangements have been confirmed, amendments may incur supplier fees, fare differences, reissue costs, administration fees, and cancellation penalties.

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Should you cancel your booking, every effort will be made to minimise fees where possible. However, Aqua Collective is not responsible for cancellation fees charged by airlines, hotels, cruise lines, transport providers, event venues, wholesalers, tour operators, or other suppliers.

Booking fees, consultation fees, itinerary planning fees, service fees, and administration fees are non-refundable in the event of cancellation due to change of mind.

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Certain bookings may be wholly non-refundable from the time of confirmation. Where this applies, you will be advised prior to payment.

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Any refund remains subject to supplier approval and the supplier's ability to provide such refund.

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This clause is subject to your rights under the Australian Consumer Law.

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Client Funds

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Payments made to Aqua Collective may be used to secure travel services with suppliers before travel commences.

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Funds paid to Aqua Collective may be remitted to suppliers, wholesalers, consolidators, destination management companies, airlines, hotels, cruise operators, or other service providers prior to travel taking place.

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Unless otherwise advised, funds paid to Aqua Collective are not held in trust.

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Where funds have been remitted to suppliers, any refund remains subject to the supplier's refund policy and ability to return those funds.

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Liability and Chargebacks

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If you are a consumer as defined by the Australian Consumer Law, you are entitled to remedies where services are not supplied with due care and skill or are not fit for purpose.

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To the extent permitted by law, Aqua Collective's total liability arising in connection with booking services for loss, damage, expenses, delay, inconvenience, or other claims is limited to:

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• Re-supplying the booking services; or

• Refunding the amount paid to Aqua Collective for those booking services

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Aqua Collective shall not be liable for any indirect, consequential, incidental, special, punitive, or economic loss, including loss of enjoyment, loss of income, loss of opportunity, or additional travel expenses arising from the actions or omissions of third-party suppliers.

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Payment Disputes and Chargebacks

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By making payment, you acknowledge and agree that Aqua Collective acts solely as an intermediary arranging travel services supplied by third-party providers.

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Any concerns regarding a booking must first be raised directly with Aqua Collective to allow investigation and resolution.

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Where travel services have been booked, ticketed, reserved, confirmed, or supplied as agreed, chargebacks or payment disputes claiming "services not received", "services not as described", or similar grounds may be considered invalid where the booking services were provided in accordance with the agreed arrangements.

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Aqua Collective reserves the right to provide booking confirmations, invoices, itineraries, supplier records, correspondence, payment records, travel documentation, and other supporting evidence to financial institutions, card issuers, dispute resolution bodies, courts, and regulatory authorities in defending any chargeback or payment dispute.

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Where a chargeback or payment dispute is determined to be invalid, Aqua Collective reserves the right to recover:

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• Chargeback fees

• Merchant fees

• Administration costs

• Debt recovery costs

• Legal costs

• Outstanding booking amounts incurred as a result of the dispute.

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Nothing in this clause limits any rights available under the Australian Consumer Law.