1. Agreement for provision of Services
Petraveller will provide the Services to Customer and the Customer must accept provision of the Services on these Terms.
1.2 Service Charges
The Customer must pay Petraveller the Services Charges in consideration for the Services performed by Petraveller in accordance with these Terms.
1.3 Travel Proposals
(a) Travel proposals (i.e quotes) are valid for thirty (30) days from the date specified on the Travel Proposal.
(b) Inclusions and specified destination country costs not specified in the Travel Proposal may be additional (i.e customs clearance, delivery, taxes).
(c) Any other costs not specified in the Travel proposal and requested by the Customer will be in addition to the Travel Proposal.
(d) Costs are calculated based on the height, length and weight of the animals travelling and the dimensions of the Travel Crate. An increase in the size of Travel Crate (i.e due to the crate being too small according to airline regulations or the incorrect animal measurements being supplied) will result in additional freight charges which must be paid by the Customer at least 48 hours prior to departure.
(e) All Travel Proposals are given on the basis of the information and evidence that has been provided by the Customer and Petraveller reserves its right to make changes to the quotation for additional costs incurred resulting from incorrect information or evidence provided by the Customer.
(f) Petraveller will not make any travel arrangements for Customers until all stipulated paperwork has been fully completed and submitted and a 10% deposit received, and this must be no later than thirty (30) days prior to the proposed departure date.
Unless otherwise agreed in writing, Petraveller shall invoice the Customer for the Services upon acceptance of any Travel Proposal given by Petraveller to the Customer (“Invoice Date”).
1.5 Acceptance of these Terms
By accepting any Travel Proposal the Customer acknowledges that it has read, understood and accepts these Terms.
1.6 Payment of Invoices for Service Charges
Petraveller’s invoices for the Service Charges must be paid as follows:
(a) For all Retail Customers invoices must be paid in full within 72 hours of receipt, and no later than fourteen (14) days prior to travel by credit card, direct deposit, BPAY or cash unless otherwise agreed between the Customer and Petraveller. Petraveller will not make any travel arrangements until full payment is received. If payment is not received by Petraveller fourteen (14) days prior to travel, Petraveller has the right to cancel any bookings made on behalf of the Customer and the Customer will indemnify Petraveller for any costs incurred; or
(b) For all partner companies and suppliers of Petraveller, invoices must be paid upon receipt of the invoice.
1.7 Late Payment
If the Customer does not pay the invoice in full by the payment due date as specified in clause 1.6 or any additional charges referred to in these Terms by the date specified, Petraveller may charge, in addition to any other costs recoverable under these Terms;
(a) Interest, calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is 2% above the Penalty Interest Rate from time to time; and
(b) Any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by Petraveller in recovering any unpaid amounts under these Terms.
1.8 Changes or Cancellations
Date changes or cancellations for finalised bookings paid in full forfeit all monies paid for costs incurred by Petraveller on behalf of the Customer including but not limited to the cost of our travel booking services, airline booking fees and veterinary treatments. Cancellation of bookings that have not been finalised will forfeit any deposits paid. Date changes of bookings that have not been finalised will not incur any additional fees but will require a further balance payment equal to 10% of the total cost of travel booking to be made.
(a) For the purposes of these Terms:
(i) Adjustment Event, Adjustment Note and Tax Invoice have the same meaning as in the GST Law;
(ii) GST means a goods and services tax or similar tax imposed under GST Law; and
(iii) GST Law means the A New Tax System (Goods and Services Tax) Act 1999.
(b) If GST has any application to any supply made under or in connection with these Terms, the Party making the supply (for the purposes of this clause 1.9 only, “Petraveller”) may in addition to any amount or consideration expressed as payable elsewhere in these Terms, recover from the recipient of the supply (for the purposes of this clause 1.9 only, “Recipient”) an additional amount on account of GST, such amount to be calculated by multiplying the amount or consideration payable by the Recipient for the relevant supply by the prevailing GST rate.
(c) Any additional amount on account of GST recoverable from the Recipient under this clause 1.9 shall be calculated without any deduction or set-off of any amount, and is payable by the Recipient at the same time and in the same manner as paying the amount or consideration for the relevant supply under these Terms.
(d) Petraveller must issue to the Recipient a Tax Invoice, and must do anything else which may be reasonably required to enable or assist the Recipient to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under these Terms or in respect of any supply under these Terms.
(e) Where an Adjustment Event in relation to a supply under these Terms has occurred, GPP must issue an Adjustment Note to the Recipient no later than ten (10) Business Days after that Adjustment Event.
2. Subcontracting of Services
Petraveller may subcontract any of the Services to third party contractors without the prior consent of the Customer.
3. Sky Crates/Travel Crates
All animals for travel with Petraveller must travel in an International Air Transport Association approved crate. Petraveller does not offer hire Travel Crates to Customers. All Travel Proposals include the purchase cost of any Travel Crate for travel or alternatively the Customer has the option to purchase their own International Air Transport Association approved Travel Crate.
4. Health Checks and Vaccinations
4.1 Health checks to be co-ordinated by Petraveller
All health checks and vaccinations are co-ordinated by Petraveller for any animals that are travelling using Petraveller’s Services unless otherwise agreed between Petraveller and the Customer in writing.
4.2 International Travel
Petraveller requires that all animals that are travelling to an international destination must have a mandatory health check by a qualified and licenced veterinarian within 48 hours prior to the departure date. Any animal travelling to an international destination will then receive a further health check by a Petraveller employee or partner during the airport lodgement immediately prior to departure. If for any reason whatsoever, the animal is deemed unfit to travel by a vet or Petraveller employee or partner then Petraveller may in its absolute discretion refuse transport the animal on any aircraft and will notify the Customer as soon as possible.
4.3 Domestic Travel
Petraveller requires that all animals that are travelling domestically (within Australia) are required to undergo a mandatory health check by a Petraveller employee or Petraveller Partner during the airport lodgement immediately prior to departure. If for any reason whatsoever, the animal is deemed unfit to travel by a veterinarian or Petraveller employee or Petraveller Partner then Petraveller may in its absolute discretion refuse to transport the animal on any aircraft and will notify the Customer as soon as possible. Animals that are travelling domestically are not required to be vaccinated prior to travel.
(a) Petraveller requires that all animals that are travelling to an international destination must have had their annual vaccinations and the Customer must provide Petraveller with the original or copy veterinary certificates (dependent on the destination country requirements) at the time that the animal is collected for travel. If the Customer does not provide Petraveller with the original or copy veterinary certificates (dependent on the destination country requirements) required prior to collection of the animal, Petraveller will not transport the animal and the Customer will be liable for charges in accordance with Petraveller’s cancellation policy referred to in clause 8.
(b) Different vaccinations for animals are required for various destination countries. The required vaccinations and instructions will be given to the Customer by Petraveller in the Travel Proposal. The various vaccinations will require proof of vaccination and if the Customer does not provide Petraveller with the original or copy (as stipulated in the Travel Proposal) veterinary certificates required prior to collection of the animal, Petraveller will not transport the animal and the Customer will be liable for charges in accordance with Petraveller’s cancellation policy referred to in clause 8.
5. Collection of Animals
5.1 Collection/Delivery Times
Collection and/or delivery times are given as estimates only. Petraveller will use all reasonable measures to ensure that your animal is collected at the given time specified by Petraveller in any Travel Proposal however it is inevitable that at times there will be variations or alterations to these times and Petraveller may be required to make alterations or cancel the services due to traffic, weather conditions, mechanical breakdowns or any other reason beyond the control of Petraveller. Petraveller accepts no liability for any loss, cost or inconvenience caused to the Customer as a result of any change in the pick up or delivery times.
5.2 Boarding Costs
In the event that any animal is required to be kennelled or boarded for any reason (including but not limited to travel or collections delays beyond the control of Petraveller), all boarding costs shall be the Customer’s responsibility and must be paid on demand.
5.3 Petraveller to determine the appropriate transport methods and timing
Petraveller reserves the right and has the absolute discretion as to the means, route, timings and procedure to be followed in the handling, management and transport of the animal. If at any time Petraveller considers it necessary or desirable to depart from the original quotation or Travel Proposal provided, it may do so in its absolute discretion and Petraveller will take all reasonable steps to communicate any changes with the Customer.
5.4 Right of Refusal
Petraveller reserves the right to refuse to transport or handle any animal that in its absolute sole discretion it considers unfit to travel, a danger to any other person, animal or employee of Petraveller. If Petraveller refuses to transport any animal it will not be liable for any loss, cost or inconvenience caused to the Customer as a result of refusing to transport the animal.
5.5 Recollection Fees
If for any reason whatsoever, Petraveller attends the Customer's nominated pick up address to collect the animal and that animal is not ready for collection, Petraveller will charge a re-collection fee which is identical to the collection fee listed in the Travel Proposal in addition to any associated costs with re-arranging for the animal to travel (ie- re-lodgement fees, flights, taxes).
5.6 Release of animal to nominated person
Petraveller will only release the animal in the destination country to the sender/consignee declared on the Travel Proposal/booking form. Petraveller will not release the animal to other parties unless Petraveller has received written notification by no later than 48 hours prior to departure and amendment has been made to the original airway bill.
5.7 High Risk Breeds and Banned Breeds
(a) Petraveller may take additional safety measures to transport high risk breeds of animals which may include a larger crate size, selecting certain routes with additional stopovers or delaying travel during extreme weather conditions.
(b) Banned breeds of animals vary according to the destination country and Petraveller will not arrange for travel of banned breeds.
Petraveller does not sedate animals and will not accept animals that have been sedated prior to travel as sedation may increase the risk of complications or death in the animal. If Petraveller refuses to transport any animal because in its opinion, that animal has been sedated, Petraveller will not be liable for any loss, cost or inconvenience caused to the Customer as a result of refusing to transport the animal.
5.9 Condition of Travel Crate
The Customer acknowledges that if they opt to collect their animal from the airport at the destination country, the Travel Crate and animal may be of an unsatisfactory appearance due to soiling during travel.
6. Customer Warranties
The Customer warrants to Petraveller:
(a) Any animal that the Customer has requested Petraveller to transport internationally is more than 12 weeks of age;
(b) Any animal that the Customer has requested Petraveller to transport domestically is more than 8 weeks of age;
(c) Any animal that the Customer has requested Petraveller to transport is not more than 41 days pregnant;
(d) That the animal for transportation has not swallowed, ingested or been in contact with any illicit drugs;
(e) That the animal for transportation has been vaccinated in accordance with these Terms;
(f) That the animal for transportation is in good health;
(g) That the Customer has disclosed the animal’s full history of health;
(h) That the person contacting Petraveller to arrange transport of the animal is the owner of that animal and if they are not the owner of that animal, warrants that they have the authority of the owner to do so;
(i) It will complete all necessary paperwork that Petraveller provides to enable the animal to be transported in accordance with Petraveller’s Terms and any policies as amended from time to time;
(j) That all information that it has provided to Petraveller is true and correct; and
(k) That the Customer has provided the correct details of the person collecting the animal in the destination country or state.
7. Indemnity & Liability
(a) To the extent permitted by law, the Customer hereby indemnifies Petraveller and each of its affiliates and keeps them indemnified and held harmless from and against any liability, cost, claim, expense (including attorneys’ fees and expenses) or any loss or damage of any other kind whatsoever including, without limitation, any material or immaterial damage in the form of personal injury, illness or death to any person or animal or damage to any property arising directly from or in direct connection with the Services and any breach or failure to perform these Terms by the Customer.
(b) To the extent permitted by law, the Customer hereby indemnifies Petraveller and each of its affiliates and keeps them indemnified from and against any claim in relation to delayed flights, flight cancellations, incorrect flight routing, aircraft type changes, available capacity or loss of veterinary or other documents by airlines or partner companies of Petraveller.
(c) Provisions of the Competition and Consumer Act 2010 (Cth) or any applicable State, Territory or Commonwealth legislation may imply warranties, confer statutory guarantees or impose other obligations on Petraveller which cannot be excluded, restricted or modified at all or except to a limited extent. To the extent permitted by law, Petraveller’s liability under such provisions shall be limited at Petraveller’s option to:
(i) Re-provide the Services to the Customer;
(ii) Refund the Service Charges for the affected Services;
(iii) The payment of any amount equal to the cost of replacing any affected Services.
(a) At no time will Petraveller be liable or held responsible for any loss, death, illness, injury or accident to any animal due to any cause whatsoever.
(b) Petraveller will not be responsible for any loss, death, illness, injury or accident where any animal is collected from or delivered to another animal transporter or other third party at the request of the Customer.
(c) Petraveller will not be held liable for flight cancellations, incorrect flight routing, aircraft type changes, available capacity or loss of veterinary or other documents by airlines or partners.
8. Suspension and Termination
Petraveller can at its election suspend or terminate the performance of its obligations and Services under these Terms if:
(a) The Customer is a Retail Customer and has not paid their invoice in accordance with clause 6(a); and
(b) The Customer has breached any of their obligations to Petraveller under these Terms.
(a) Petraveller is not responsible for any loss, death, illness, injury or accident due to any cause, either natural or accidental to any animal whilst that animal is in the care of Petraveller or being transported to the destination country or state;
(b) The Customer acknowledges that they transport their animal at their own risk.
(c) Insurance of animals is not included in Petraveller’s policies or Travel Proposals;
(d) Petraveller makes no warranty to the Customer that the animal will be permitted into the country or state of destination;
(e) The Customer acknowledges that Petraveller is not responsible for any refusal by any airline or partner company to transport the animal
(f) It is the Customer’s responsibility to notify Petraveller of any details regarding the animal that may affect safe or appropriate transport.
10. Customer Authorisations
(a) The Customer authorises Petraveller to seek veterinary attention for any animal should it be considered necessary in Petraveller’s absolute discretion.
(b) Petraveller will take all reasonable steps to contact the Customer prior to obtaining treatment of the animal.
(c) Any veterinary costs incurred as a result of any veterinary attention required whilst the animal is in the care of Petraveller or whilst being transported to the destination shall be the Customers responsibility and where possible will be billed directly to the Customer. If Petraveller is invoiced by the veterinary clinic, the Customer indemnifies Petraveller and will pay all costs associated with the animal’s medical treatment immediately upon demand by Petraveller.
(d) In the event that an animal requires veterinary attention during transport, Petraveller is not required to refund any prepaid transportation fees.
11. Intellectual property
The Customer acknowledges that any Intellectual Property embodied in or relating to the Services, vests in and is owned by Petraveller and the Customer must do all reasonable acts and things to protect that intellectual Property including acknowledging or assigning any such rights to Petraveller or as directed by Petraveller.
12. Force majeure
(a) Petraveller will not be responsible for any failure to perform any obligation under these Terms if performance has become impossible due to fire, lightning, explosion, flood, earthquake, storm, hurricane, action of the elements, riots, civil commotion, malicious damage, armed conflicts, acts of terrorism, war (declared or undeclared), blockade, revolution, sabotage, radioactive contamination, toxic or dangerous chemical contamination, natural catastrophes or any other events beyond the reasonable control of Petraveller (each a “Force Majeure Event”). Petraveller shall promptly give notice to the Customer setting out full particulars of the Force Majeure Event and make all reasonable endeavours to mitigate the effects of this event on Petraveller’s performance of its obligations under these Terms.
(b) If by reason of a Force Majeure Event, the delay or non-performance of Petraveller’s obligations continues for more than sixty (60) consecutive days, the Customer may terminate Petraveller’s Services by written notice.
13. Applicable Law/Jurisdiction
(a) All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of these Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
(b) Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and courts of appeal from them. Each Party waives any right it has to object to an action being brought in those courts, including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
(a) Petraveller may change these Terms at any time without prior notice to the Customer.
(b) Whenever possible, the provisions of these Terms shall be interpreted so as to be valid and enforceable under applicable Law. However, if one or more provisions of these Terms is found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these Terms shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed.
(c) Any failure or delay by Petraveller in exercising any right under these Terms, the exercise or partial exercise of any right under these Terms, or any reaction or absence of reaction by Petraveller in the event of a breach by the Customer of one or more provisions of these Terms shall not operate or be construed as a waiver (either express or implied, in whole or in part) of its rights under these Terms or under said provision(s) or preclude the further exercise of any such rights. Any waiver of a right must be express and in writing.
15. Definitions and Interpretation
15.1 In this Terms unless the context otherwise requires:
Business Day means any day that is not a Saturday, Sunday or public holiday in the State of Victoria, Australia;
Finalised booking means airline cargo space has been allocated to a specific flight and payment has been made in full by customer;
Customer means any person who engages Petraveller to provide the Services;
Intellectual Property includes but is not limited to, legally protectable product or process of the human intellect, patents, trade marks, copyrights, moral rights, designs, ideas, know-how or otherwise such as an invention, expression or literary creation, photograph, unique name, trade secret, business method, database, industrial process, presentation including any improvements and other Confidential Information, in each case whether registered or unregistered, and all rights or forms of protection having equivalent or similar effect anywhere in the world and registered includes registrations and applications for registrations;
Law includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by-law of the State or otherwise in the places where the Services are being provided;
Loss means all claims, losses, damages, costs and expenses sustained or incurred (including legal costs and disbursement on a full indemnity basis), whether directly or indirectly or consequentially or in any other way;
Party means a party to these Terms;
Penalty Interest Rate means the rate prescribed under the Penalty Interest Rate Act 1983 (Vic) from time to time;
Petraveller means Petraveller Pty Ltd ACN 164 673 474;
Proposed travel date means a preferred departure date requested by the customer that is not confirmed until deemed a finalised booking
Retail Customer means a Customer of Petraveller that is not a partner company or supplier of Petraveller;
Services mean all the animal transportation services provided by Petraveller to the Customer; and
Service Charges means the remuneration to be paid by the Customer to Petraveller as prescribed by Petraveller.
Terms mean these Terms and Conditions of Petraveller.
Travel Crate means an approved International Air Transport Association crate for transporting animals;
Travel Date means the date of departure of the animal; and
Travel Proposal/s means the travel proposal, quotation and information provided from Petraveller to the Customer.