Legal

Terms & Conditions

Last updated: 30 June 2026

These Terms & Conditions ("Terms") govern your use of the Mercury Travel website and the travel-related services we provide to trade partners and travellers across Australia, New Zealand and the South Pacific Islands. By making an enquiry, accepting a quotation, paying a deposit or otherwise engaging Mercury Travel, you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986 (NZ) where those laws apply and cannot be excluded.

1. About Mercury Travel

Mercury Travel is a destination management company and inbound tour operator specialising in curated group travel, incentive travel and shore excursions. We act as an agent for, and intermediary between, you and the travel suppliers who actually provide the transport, accommodation, tours, activities and other services that make up your itinerary ("Suppliers").

2. Our role as agent

Except where expressly stated otherwise in writing, Mercury Travel acts as agent for the Suppliers. Your contract for the supply of travel services is between you and the relevant Supplier, and is subject to that Supplier's own terms and conditions (including conditions of carriage, hotel terms, and tour-operator terms), which may limit or exclude liability.

We are not liable for the acts, omissions, default or insolvency of any Supplier, nor for any loss, injury, delay, damage or additional expense caused by matters outside our reasonable control. We will, however, exercise reasonable care and skill in arranging your travel.

3. Quotations and bookings

Quotations are valid for the period stated and are subject to availability, currency fluctuations, Supplier price changes and government taxes and charges until the booking is confirmed and full payment received.

A booking is confirmed only when we issue a written confirmation and have received the required deposit. It is your responsibility to check that all names, dates, flight details and other particulars on the confirmation are correct and to advise us of any errors immediately.

4. Prices, deposits and payment

Unless otherwise stated, prices are quoted in Australian dollars (AUD) or New Zealand dollars (NZD) and include GST where applicable. Prices may be adjusted prior to full payment to reflect changes in Supplier rates, exchange rates, taxes, fuel surcharges or government charges.

A non-refundable deposit (typically 20–30% of the total trip cost, or as specified in your quotation) is payable to secure your booking. Final payment is generally required no later than 60 days before travel, unless otherwise advised. Late payment may result in cancellation and loss of deposit.

Payment methods, surcharges and processing fees will be set out in your invoice.

5. Changes by you

If you request changes to a confirmed booking, we will use reasonable endeavours to accommodate them. Changes may incur Supplier fees and a Mercury Travel administration fee. Name changes, date changes or itinerary changes close to departure may be treated as a cancellation and rebooking.

6. Cancellations by you

All cancellations must be received in writing. Cancellation fees apply in addition to any non-refundable amounts already paid to Suppliers. As a general guide:

  • More than 90 days before departure: loss of deposit;
  • 60–90 days before departure: 50% of total trip cost;
  • 30–59 days before departure: 75% of total trip cost;
  • Less than 30 days before departure or no-show: 100% of total trip cost.

Specific Suppliers (including airlines, cruise lines and some lodges) may impose stricter cancellation terms which will override the above. We strongly recommend comprehensive travel insurance taken out at the time of booking.

7. Changes or cancellations by us or Suppliers

Travel arrangements are sometimes affected by events outside our or a Supplier's control. We reserve the right to change or cancel any element of an itinerary where reasonably necessary. Where a material change occurs before departure, we will offer you (where possible) an alternative arrangement of equivalent standard, or a refund of amounts paid for the cancelled service less unrecoverable Supplier costs.

We are not liable for incidental expenses you may incur as a result of such changes (including visa, vaccination or non-refundable connecting travel costs).

8. Force majeure

"Force majeure" means any event beyond our reasonable control, including but not limited to natural disasters, severe weather, fire, flood, earthquake, volcanic activity, cyclones, pandemics or epidemics, war, terrorism, civil unrest, strikes, government action, border closures, airspace closures or technical failures.

We are not liable for any failure or delay to perform our obligations resulting from a force majeure event. In such cases, refunds will be limited to amounts actually recovered from Suppliers, less reasonable administration costs.

9. Travel documents, passports, visas and health

It is your responsibility to ensure you and all members of your party hold valid passports (generally with at least six months' validity beyond the date of return), the correct visas, and meet all health, vaccination and entry requirements for each destination. We can provide general guidance but cannot accept liability for refused entry or denied boarding.

Australian travellers should consult Smartraveller; New Zealand travellers should consult SafeTravel.

10. Travel insurance

Comprehensive travel insurance is strongly recommended and, for some itineraries, is a condition of booking. Your policy should cover (at minimum) medical and evacuation costs, cancellation and curtailment, lost or damaged luggage, and personal liability. We are not liable for losses that would have been covered by an appropriate insurance policy.

11. Special requirements and accessibility

Please advise us of any medical conditions, accessibility needs, dietary requirements or special requests at the time of booking. We will pass requests to Suppliers but cannot guarantee they will be met. Some itineraries involve walking, uneven terrain, boat transfers or remote locations that may not be suitable for travellers with limited mobility.

12. Behaviour and acceptance

You agree to behave in a manner that does not unreasonably disrupt the enjoyment or safety of other travellers, our staff or Suppliers' staff. Suppliers and Mercury Travel reserve the right to terminate travel arrangements without refund where conduct is unsafe, unlawful or seriously disruptive.

13. Consumer guarantees

Our services come with consumer guarantees that cannot be excluded under the Australian Consumer Law and, where applicable, the Consumer Guarantees Act 1993 (NZ). To the extent permitted by law, our liability for breach of any non-excludable guarantee is limited, at our option, to the resupply of the services or payment of the cost of having the services resupplied.

14. Limitation of liability

To the maximum extent permitted by law, Mercury Travel's total liability to you arising out of or in connection with any booking or these Terms is limited to the amount paid by you to Mercury Travel for the affected services. We are not liable for any indirect, consequential, special or punitive loss, loss of profits, loss of enjoyment or loss of opportunity.

Nothing in these Terms limits liability for fraud, personal injury or death caused by negligence, or any other liability that cannot be excluded at law.

15. Privacy

Personal information collected in connection with your booking is handled in accordance with our Privacy Policy, which forms part of these Terms.

16. Intellectual property and website use

All content on the Mercury Travel website (including text, images, logos, itineraries and design) is owned by Mercury Travel or its licensors and is protected by copyright and other intellectual property laws. You may view and print pages for personal, non-commercial use only. You must not copy, reproduce, modify or distribute any content without our prior written consent.

You agree not to use the website in any way that is unlawful, fraudulent, or that could damage, disable or impair the site or interfere with any other party's use.

17. Complaints

If a problem arises during your travel, please raise it with the Supplier on the spot and contact Mercury Travel as soon as possible so we have the opportunity to assist. Unresolved complaints should be submitted in writing within 30 days of returning home to info@mercury.travel.

18. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

If you are a New Zealand consumer, nothing in this clause prevents you from bringing proceedings in New Zealand to the extent required by the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ).

19. Severability and entire agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force. These Terms, together with your booking confirmation, invoice and our Privacy Policy, constitute the entire agreement between you and Mercury Travel in relation to the relevant booking.

20. Contact

Questions about these Terms can be sent to: