The Australian travel industry was deregulated by State, Territory and Commonwealth governments in June 2014. This has resulted from time to time in some travellers paying for travel services and being out of pocket where their travel provider or travel intermediary failed financially.
At TravelManagers Australia we care about your peace of mind and your hard-earned money. Following just under five years of research, we established a set of practices to help protect our customers’ funds, and offer, in our view, the most comprehensive and transparent financial protection in the Australian travel industry.
Since December 2019 this incorporates TravelManagers’ own self-financed TravelManagers Customer Fund (TCF). In the event that you are unable to obtain a refund of monies paid for your travel through your own travel insurance or your banking institutions, you may be eligible to make a claim on the TravelManagers Customer Fund (TCF), subject to the terms and conditions below. The TCF is a self-financed fund, whose monies are held in a separate legal entity, TravelManagers Customer Fund (TCF) Pty Limited, which is designed to proFtect you against the risk of an Approved Supplier not providing the Approved Services which you have paid for, because of the financial failure of the Approved Supplier. Funds accumulate every month, are audited annually and are effectively ring-fenced from TravelManagers’ general cash provisions and our Client Trust Account having been set aside for the sole purpose to reimburse our clients in the unlikely event that one of our Approved Suppliers fails financially. The TCF is not insurance and nor is it a replacement for travel insurance. You should take out comprehensive travel insurance for every trip you take. You can see a list of Approved Suppliers here.
The TravelManagers Customer Fund is not a replacement for travel insurance. We strongly recommend that you take out a comprehensive travel insurance product at time of booking with your personal travel manager.
The TravelManagers Customer Fund is accumulating funds on a monthly basis and audited annually.
TravelManagers’ customers are eligible to make a claim of up to $25,000 per person.
A claim can be made on the TravelManagers Customer Fund after alternative sources of recovery have been exhausted.
The TravelManagers Customer Fund only protects you in the unlikely event that an Approved Supplier does not provide Approved Services as a result of financial failure.
Read more about our financial risk mitigation practices. Our multi-layered approach means that your money is in safe hands.
Our network of personal travel managers across Australia has an average of 20 years' travel industry experience. Find one near you here.
Please ensure you read our terms and conditions before you book your travel arrangements with your personal travel manager.
Read more about our financial risk mitigation practices. Our multi-layered approach means that your money is in safe hands.
Our network of personal travel managers across Australia has an average of 20 years' travel industry experience. Find one near you here.
Please ensure you read our terms and conditions before you book your travel arrangements with your personal travel manager.
1.1 The ‘TravelManagers Customer Fund’ (TCF) described in these terms and conditions applies for the benefit of customers (you or your) of TravelManagers Australia Pty Ltd ACN 113 085 626 (TravelManagers, we, us or our) who use our services while engaging one of our personal travel managers (PTMs) on terms described below.
1.2 We, in conjunction with our PTM network, provide sourcing, arranging and co-ordinating services to our customers in respect of goods and services which are offered by our Approved Suppliers in the travel industry (TM Services). For example, our TM Services include co-ordinating flights, accommodation, and sight-seeing programs for you. For more information on the TM Services, please see TravelManagers’ General Terms and Conditions.
1.3 TravelManagers provides access to the TCF to its customers who receive TM Services, which is subject to these terms and conditions (Terms).
1.4 TravelManagers’ related body corporate, TravelManagers Customer Fund (TCF) Pty Limited ACN 661 220 426 (Administrator), will provide you with a reimbursement (in whole or part) for certain goods and services you have purchased from TravelManagers’ Approved Suppliers in connection with the TM Services out of a provision maintained by the Administrator (being the TCF). The Administrator administers the TCF and determines whether a claim is payable under these Terms.
1.5 The benefits conferred by the payments made out of the TCF, as set out in these Terms, apply in addition to the consumer guarantees under Division 1 of Part 3-2 (Consumer Guarantees) of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) (Australian Consumer Law) and any other statutory rights and remedies you may have that arise under the Australian Consumer Law or other applicable laws.
2.1 Your use of the TM Services must also comply with TravelManagers’ General Terms and Conditions. The General Terms and Conditions are available at: https://www.travelmanagers.com.au/terms-and-conditions/.
2.2 There may be additional terms and conditions applied by individual PTMs, which will appear on the invoice, itinerary or costings document provided by your PTM. These terms and conditions will not restrict your access to the TCF.
2.3 In the event of any inconsistency between the terms and conditions of a PTM, TravelManagers’ General Terms and Conditions and these Terms, then this will be resolved to the extent of the inconsistency as follows:
a. these Terms;
b. the General Terms and Conditions; and
c. the terms and conditions of a PTM.
3.1 Where you received TM Services arranged through a PTM who had a valid contract with us at the time your Booking was made, you may make a claim for reimbursement out of the TCF in respect of a loss suffered or incurred by you arising out of a failure by you to receive (in whole or in part) an Approved Service (on the terms of the provision of the Approved Service) because of an Insolvency Event occurring in relation to the Approved Supplier of that Approved Service. This loss does not include:
a. indirect, special or consequential loss or damage (howsoever described), including economic loss, loss of profits and loss of earnings; or
b. a loss or damage associated with a failure by you to take up or enjoy (at your own election, for whatever reason) an Alternative Service.
3.2 In these Terms:
a. the Approved List means the list of persons set out in the ‘TravelManagers TCF Approved List’ found on a website maintained by TravelManagers, as amended or replaced from time to time;
b. an Alternative Service means a service which, in the opinion of the Administrator, in connection with a Booking made for the benefit of you:
i. is substantially similar to the Approved Service that could not be delivered to you because of an Insolvency Event occurring in relation to the Approved Supplier of that Approved Service; and
ii. was made available to you by TravelManagers,
and includes a credit or voucher which you could use or enjoy in the future;
c. an Approved Service means a service provided or to be provided by an Approved Supplier in connection with a Booking to or for the benefit of you, in connection with a travel arrangement or travel-related arrangement relating to:
i. any transport system or transport facility;
ii. any hotel, lodging house or other place of accommodation;
iii. any restaurant or other eating or drinking place;
iv. any place of entertainment, leisure or study; and
v. any other facility, service or place utilised, consumed or enjoyed by you in connection with your travel or travel-related arrangement;
d. an Approved Supplier means a person which, at the Relevant Time, has provided or was required to provide Approved Services, and was on the Approved List;
e. a Booking means a booking for an Approved Service to be, or which has been, delivered for the benefit of you made with TravelManagers by you or your PTM, and:
i. at the time of your loss the booking was not transferred to a person other than TravelManagers; and
ii. in relation to which the fees and costs associated with the booking have been paid by or on behalf of you;
f. an Insolvency Event means, in relation to an Approved Supplier, circumstances where:
i. a controller or a similar person is appointed to the property or any substantial part of the property of the Approved Supplier;
ii. a liquidator or administrator is appointed to the Approved Supplier, or any steps are taken to appoint or to pass a resolution to appoint such a person;
iii. there is an entering into or passing of a resolution to enter into any agreement, arrangement, composition or compromise with or, assignment for the benefit of, the Approved Supplier’s creditors or any class of them;
iv. there is a court order to wind up the Approved Supplier;
v. the members, shareholders, partners or controllers pass a resolution to wind up the Approved Supplier;
vi. the Approved Supplier is unable to pay its debts as and when they fall due; or
vii. the occurrence of any event that has a substantially similar effect to any of the above events under the law of any applicable jurisdiction; and
g. the Relevant Time means, in respect of a claim out of the TCF, the time during which you have or have had a Booking.
3.3 You will only be eligible to make a claim for reimbursement out of the TCF after exhausting all other avenues for reimbursement including, but not limited to:
a. travel insurance;
b. credit card chargebacks; and
c. claims from regulatory authorities located within or outside of Australia.
3.4 You acknowledge that the TCF only extends to Approved Services provided by Approved Suppliers. A list of current Approved Suppliers is provided on TravelManagers’ website, as updated from time to time.
3.5 A Booking must have been made by a PTM on your behalf directly with an Approved Supplier (and not with an intermediary between the PTM and the Approved Supplier) in order to make a claim for reimbursement out of the TCF. Check with your PTM that your Booking is for an Approved Service that has been made directly with an Approved Supplier.
3.6 Any bookings for an Approved Service made with an Approved Supplier via a person other than a PTM will not be covered under these Terms.
3.7 If your Booking contains a mixture of Approved Suppliers and non-Approved Suppliers, only the financial elements associated with the Approved Service of an Approved Supplier will be covered under the TCF. Please speak to your PTM to ensure you understand what elements of your Booking are eligible for making a claim in the unlikely occurrence of an Insolvency Event by an Approved Supplier.
3.8 Your ability to make a claim for reimbursement out of the TCF is personal to you and cannot be assigned. For clarity, this clause 3.8 does not restrict your legal personal representative (in the event of your death) or your financial manager (in the event your decision-making becomes impaired) from making a claim for reimbursement.
3.9 You cannot make a claim for reimbursement out of the TCF if the loss was because you changed your mind about an Approved Service.
3.10 Any claim approved for payment out of the TCF will be limited to $25,000 per customer in respect of a Booking of an Approved Service with an Approved Supplier.
3.11 The Administrator will only approve and satisfy a claim where it considers that:
a. the requirements of these Terms have been satisfied; and
b. the Administrator has sufficient funds in the TCF to satisfy the amount of the claim.
4.1 You may only make a claim for reimbursement out of the TCF in writing and by submitting to the Administrator a copy of the original invoice, itinerary or costings document issued by a PTM or other proof of purchase. The claim form which is available here should be used for this purpose.
4.2 Further documentation (e.g. photos or records) must be provided to the Administrator on reasonable request from the Administrator.
5.1 You acknowledge and agree that:
a. a claim by you out of the TCF is subject to these Terms;
b. the TCF is not a replacement for a comprehensive travel insurance policy;
c. the TCF is incidental to the TM Services;
d. the Administrator will determine whether the requirements for a claim under these Terms are satisfied by you;
e. any amount payable under an approved claim from the TCF may be pro rated or reduced to zero where there are not sufficient funds under the TCF to satisfy the claim in full;
f. in respect of the funds held by the Administrator for the purposes of the TCF:
i. the funds are not held in trust for you;
ii. the funds are not held as an investment for you;
iii. you cannot demand a payment from the funds; rather, you must comply with these Terms; and
iv. you are not a creditor of the Administrator in respect of an approved claim; and
g. in respect of the TCF and the funds held for the purposes of meeting claims out of the TCF, the Administrator is not issuing or selling a financial product, or providing a financial service to you, as those terms are defined under the Corporations Act 2001 (Cth).
6.1 Clauses 6.2 and 6.3 apply to the TM Services.
6.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
a. to cancel your service contract with us; and
b. to a refund for the unused portion, or to compensation for its reduced value.
6.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified within a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
6.4 To make a reimbursement claim, you can contact the Administrator on the details provided in section 11 of these Terms.
7.1 If:
a. any supply made under these Terms is a supply of goods or services other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption; and
b. any guarantee, warranty, term or condition is implied into these Terms by any statutory provision and that statutory provision prevents or prohibits the exclusion or modification of the consumer guarantee, warranty, term or condition,
then TravelManagers’ liability for breach of any warranties, terms, and conditions is limited, at TravelManagers’ option, to:
a. resupply of the services of the TCF; or
b. payment of the cost of having the services of the TCF supplied again.
7.2 Clause 7.1 does not apply if it is not fair and reasonable in your particular circumstances for TravelManagers to rely on these limitations.
8.1 TravelManagers collects personal information from you, for example, when you submit a claim for reimbursement out of the TCF. The TravelManagers’ Privacy Policy explains how personal information is collected, used and disclosed, how it can be accessed and how complaints are handled. The Privacy Policy is available at https://www.travelmanagers.com.au/privacy-policy/.
9.1 In these Terms:
a. the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;
b. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
c. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
d. headings are inserted for convenience and do not affect the interpretation of these Terms;
e. no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
f. unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
9.2 TravelManagers may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as the Terms are posted on TravelManagers’ website (Variation Date). Any variation to these Terms will only apply 30 days after the Variation Date. Nothing in these Terms requires you to purchase any goods or services from TravelManagers, the PTMs, or TravelManagers’ Approved Suppliers after the Variation Date.
9.3 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.
9.4 If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
9.5 These Terms are governed by the laws in force in New South Wales, Australia and you and TravelManagers submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
10.1 You can contact the Administrator using the following details:
TravelManagers respects and honours the Traditional Custodians of the land and pay our respects to their Elders past, present and future. We acknowledge the stories, traditions and culture of Aboriginal and Torres Strait Islander peoples on the lands where we work and gather, and those we visit.
