If a tour operator (“Tour Operator”) agrees to display its products on Tours to Go’s (“TTG”) website www.tourstogo.com or any other website created by TTG (“Website”) the Tour Operator agrees to be bound by the following terms and conditions :

1. TTG Website
   1. The Tour Operator shall keep all information in respect of the Tour current and up to date at all times. The Tour Operator shall indemnify and keep indemnified TTG for any loss or damage TTG might suffer or incur as a result of any such error or inaccuracy in that information. TTG shall not be required to demand from a customer any price other than the price stated on the Website for the Tour.
   2. TTG 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
   1. The Tour Operator agrees to honour all bookings for a Tour made through TTG or its Website (“Bookings”) in accordance with its advertised Tour displayed on the Website.
   2. The Tour Operator will use its best endeavours to:
      1. Ensure that any allotment or availability for a Tour stated on the Website are accurate; and
      2. Not overbook any Tour.
   3. If the Tour Operator is unable to honour a Booking for any reason whatsoever, then the Tour Operator agrees at its own cost to place the Booking with another similar tour operator.
3. Fees and Charges
   1. TTG shall pay the Tour Operator 80% of the advertised Tour price as displayed on the Website (“Price”) and retain a 20% Margin Fee. If the Booking is placed via an authorised link to the Website from another party (“Affiliate”), then at least the same payment level will apply. TTG shall be at liberty to pay any part of its margin fee to an Affiliate in any manner it sees fit. This level of payment 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 period by written request.
   2. TTG may also add to the Price a Booking fee of AUD$0 (inclusive of GST) (“Booking Fee”) which shall be retained by TTG. TTG may from time to time alter the Booking Fee. All Prices displayed on the Website for a Tour are inclusive of GST.
   3. The Tour Operator will upon request from TTG provide tax invoices for the Bookings. The Tour Operator shall be responsible for the GST applicable in respect of the Price for the Tour.
   4. If payment for a Booking is declined by a customer’s Bank for any reason whatsoever then TTG is not liable to pay any part of the Price to the Tour Operator.
4. Payment Terms
   1. In this Clause, “Net Price” means the Price less TTG'S Margin Fee less the Booking Fee.
   2. TTG 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.
   3. The Tour Operator shall provide all necessary bank accounts and passwords as may be required to allow TTG to make payment to the Tour Operator’s bank account via money direct (or other means as TTG may use from time to time) and the Tour Operator agrees that TTG 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 TTG or its employees. The Tour Operator undertakes and agrees to change the username and password from time to time and advise TTG of those changes in a timely manner.
5. Cancellation and Refund Policy
   1. On the date of travel of a Tour the Tour Operator shall:
      1. ensure the customer signs a booking confirmation form; and
      2. sight and record sufficient identification details of the customer.
   2. 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:
      1. TTG will refund to the Customer the Price paid; and
      2. the Tour Operator shall reimburse TTG for the refund paid to the Customer plus the Margin Fee and the Booking Fee (or TTG shall be entitled to deduct the same from any payment due by TTG to the Tour Operator).
   3. TTG 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 TTG 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, TTG shall at all times be entitled to retain the Booking Fee and the Margin Fee if a customer cancels or alters a Booking.
6. Tour Operator Indemnity
   The Tour Operator hereby agrees to indemnify and keep indemnified TTG against all costs claims or demands that TTG 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.