COMFY TRAVEL – TERMS AND CONDITIONS:
Support Point Pty Ltd is trading as Comfy Travel
ABN: 50665090639
Address: 2/290 Boundary Street, Spring Hill QLD 4000
Phone: 0481 433 337
Email: admin@comfytravel.com.au
Website: comfytravel.com.au
Effective date: 17 July 2026
Last updated: 17 July 2026
1. Introduction
1.1 Welcome to Comfy Travel. Comfy Travel is owned and operated by Support Point Pty Ltd
1.2 These Terms and Conditions apply when a person enquires about, books, purchases or participates in a domestic travel service arranged or provided by Comfy Travel.
1.3 By approving a quote, signing a booking form or service agreement, paying a deposit, paying a personal contribution or instructing Comfy Travel to make a booking, the Traveller or their Authorised Representative agrees to these Terms and Conditions.
1.4 These Terms apply primarily to travel within Australia. International travel is not ordinarily offered under these Terms and may require a separate agreement and additional conditions.
1.5 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.
2. DEFINITIONS
2.1 In these Terms:
(a) Authorised Representative means a guardian, nominee, plan nominee, attorney, family member or other person authorised to make decisions or arrangements for the Traveller.
(b) Booking means a domestic holiday, trip or travel service accepted by Comfy Travel.
(c) Comfy Travel, we, us or our means Support Point Pty Ltd trading as Comfy Travel.
(d) Departure Date means the scheduled first day of the Trip.
(e) NDIS means the National Disability Insurance Scheme.
(f) NDIS Support Costs means disability-related support services that may be payable from a participant’s NDIS funding where permitted under applicable NDIS rules and agreements.
(g) Non-Refundable Booking Acknowledgement means a written confirmation provided by the Traveller or Authorised Representative before Comfy Travel commits funds to a non-refundable or substantially non-refundable supplier booking.
(h) Personal Contribution means privately paid money provided by the Traveller or their representative for Personal Travel Costs.
(i) Personal Travel Costs means costs that are not disability support costs, including flights, accommodation, meals, groceries, vehicle hire, ferry fares, fuel, activities, entry fees, travel insurance and personal spending.
(j) Service and Support Fees means the fees charged by Comfy Travel for planning, administration, coordination, staffing and support services.
(k) Supplier means an independent third-party provider, including an airline, accommodation provider, vehicle-hire company, ferry operator, transport provider, tour operator, venue, restaurant or activity provider.
(l) Traveller, Participant, Client, you or your means the person travelling or receiving the service and, where applicable, their Authorised Representative.
(m) Trip means the domestic supported holiday or travel service described in the accepted quote, booking confirmation, itinerary or service agreement.
3. SERVICES COVERED BY THESE TERMS
3.1 Comfy Travel may arrange or provide domestic services including:
(a) supported holidays;
(b) accessible holidays;
(c) individual and group holidays;
(d) accessible accommodation;
(e) supported travel for medical appointments;
(f) travel to visit family or friends;
(g) Return to Country travel;
(h) respite-related travel;
(i) community, cultural and recreational trips;
(j) accessible transport arrangements;
(k) vehicle-hire arrangements; and
(l) other domestic travel and support services described in an accepted quote.
3.2 The specific services included in a Booking will be described in the relevant quote, itinerary, booking confirmation or service agreement.
3.3 Comfy Travel does not provide medical, nursing or clinical services unless those services are expressly included and delivered by an appropriately qualified person.
4. ACCEPTANCE AND ORDER OF DOCUMENTS
4.1 A person accepts these Terms when they:
(a) approve a quote in writing;
(b) sign a booking form, service agreement or acknowledgement;
(c) pay a deposit or personal contribution;
(d) instruct Comfy Travel to make a booking; or
(e) begin receiving the agreed services.
4.2 A person accepting these Terms on behalf of a Traveller confirms that they are authorised to do so.
4.3 The Booking may be governed by:
(a) the accepted quote;
(b) the booking confirmation;
(c) the agreed itinerary;
(d) a service agreement;
(e) these Terms and Conditions; and
(f) the applicable terms and conditions of third-party Suppliers.
4.4 If there is an inconsistency, an individually negotiated and signed service agreement or accepted quote will take priority over these general Terms, except where doing so would be unlawful.
5. ELIGIBILITY AND BOOKING APPROVAL
5.1 All Bookings are subject to:
(a) availability;
(b) completion of the required forms;
(c) payment of the required deposit or booking amount;
(d) assessment of the Traveller’s support requirements;
(e) availability of suitable workers, accommodation and transport;
(f) completion of relevant risk assessments; and
(g) written approval by Comfy Travel.
5.2 Before confirming a Booking, Comfy Travel may request:
(a) personal and emergency-contact information;
(b) medical and medication information;
(c) disability and mobility information;
(d) accessibility requirements;
(e) dietary requirements and allergies;
(f) behaviour support information;
(g) relevant support plans and risk assessments;
(h) guardian or nominee consent;
(i) funding information; and
(j) other information reasonably required to plan and provide the Trip safely.
5.3 All information supplied to Comfy Travel must be complete, accurate and current.
5.4 The Traveller or their Authorised Representative must promptly tell Comfy Travel about any change that may affect the safety, suitability, staffing or cost of the Trip.
5.5 Comfy Travel may decline a Booking where it reasonably considers that:
(a) the Traveller’s needs cannot be safely supported;
(b) the proposed staffing ratio is not adequate;
(c) required information has not been provided;
(d) appropriate accommodation, transport or staffing is unavailable;
(e) the proposed Trip presents an unreasonable health or safety risk; or
(f) Comfy Travel does not have the resources or competence required to provide the requested service.
5.6 Where Comfy Travel declines a Booking under clause 5.5, it will notify the Traveller or Authorised Representative in writing and, where reasonably practicable, provide reasons and explore whether a modified booking could be offered.
6. QUOTES AND PRICING
6.1 All prices are stated in Australian dollars and include GST where applicable.
6.2 A quote will normally identify:
(a) Service and Support Fees;
(b) Personal Travel Costs;
(c) the required personal contribution;
(d) included and excluded services;
(e) the proposed support ratio;
(f) payment due dates; and
(g) any special booking conditions.
6.3 A quote is subject to availability and remains valid only for the period stated in the quote.
6.4 Supplier prices may change before payment or confirmation. This may include changes to:
(a) airfares;
(b) accommodation rates;
(c) vehicle-hire rates;
(d) ferry fares;
(e) activity prices;
(f) fuel surcharges; and
(g) taxes or government charges.
6.5 Comfy Travel will notify the Traveller in writing about a material price increase before confirming the affected booking. The notification will:
(a) state the revised cost;
(b) identify the relevant Supplier and component affected; and
(c) give the Traveller a reasonable opportunity to approve or withdraw from that component of the Booking before funds are committed.
6.6 The Traveller may be required to approve and pay the additional amount before the booking is completed.
7. DEPOSITS AND PAYMENT
7.1 A deposit of $500 per Traveller, or another amount specified in the quote, may be required to commence planning and secure the Booking.
7.2 The deposit may be applied towards:
(a) initial consultation;
(b) itinerary preparation;
(c) travel research;
(d) administration;
(e) booking coordination;
(f) risk assessment and support planning;
(g) staff allocation and rostering;
(h) Supplier deposits; and
(i) other costs reasonably incurred in establishing the Booking.
7.3 Unless otherwise stated in the quote:
(a) the deposit is payable when the Booking is accepted; and
(b) the remaining balance is payable no later than 60 days before departure.
7.4 Where a Booking is made within 60 days of departure, full or immediate payment may be required.
7.5 Comfy Travel is not required to make or guarantee a Supplier booking until sufficient cleared funds have been received.
7.6 Failure to pay by the due date may result in:
(a) an increase in Supplier prices;
(b) loss of a reservation;
(c) suspension of planning;
(d) release of an allocated support worker; or
(e) cancellation of the Booking.
7.7 Before cancelling a Booking for non-payment, Comfy Travel will provide written notice and a reasonable opportunity to make the overdue payment.
8. PERSONAL CONTRIBUTIONS AND TRAVEL BOOKINGS
8.1 Personal Travel Costs are payable privately by the Traveller unless the accepted quote expressly states otherwise.
8.2 By paying a Personal Contribution, the Traveller authorises Comfy Travel to use those funds to make the approved travel bookings.
8.3 Personal Contributions may be used to pay for:
(a) flights;
(b) accommodation;
(c) vehicle hire;
(d) ferry tickets;
(e) transport and transfers;
(f) activities and attraction tickets;
(g) travel insurance where specifically authorised;
(h) meals or groceries where included;
(i) fuel, tolls and parking; and
(j) other agreed travel expenses.
8.4 Comfy Travel will use Personal Contributions only for agreed travel arrangements and associated costs.
8.5 Comfy Travel will provide a reasonable breakdown of Personal Travel Costs upon request and, where available, copies of receipts or Supplier confirmations.
9. SUPPLIER TERMS AND NON-REFUNDABLE BOOKINGS
9.1 Comfy Travel may arrange services provided by independent Suppliers.
9.2 Once Comfy Travel has paid or confirmed a Supplier booking, that booking is also subject to the Supplier’s terms and conditions.
9.3 Supplier bookings may be:
(a) non-refundable;
(b) non-transferable;
(c) subject to cancellation fees;
(d) subject to amendment or name-change fees;
(e) available only as a travel credit;
(f) subject to minimum-stay requirements; or
(g) subject to other restrictions.
9.4 Before committing funds to a non-refundable or substantially non-refundable Supplier booking, Comfy Travel will:
(a) clearly disclose to the Traveller or Authorised Representative in writing that the booking is non-refundable or subject to significant cancellation penalties;
(b) identify the specific cost and Supplier involved; and
(c) obtain a Non-Refundable Booking Acknowledgement from the Traveller or Authorised Representative before proceeding.
9.5 Where a Traveller’s Personal Contribution has already been used, with a Non-Refundable Booking Acknowledgement in place, to purchase a non-refundable flight, accommodation booking, vehicle hire, ferry ticket, activity or other travel service:
(a) the Traveller remains responsible for that cost;
(b) the amount will not be refundable unless the Supplier provides a refund or credit;
(c) Comfy Travel is not responsible for reimbursing the amount from its own funds; and
(d) the amount is separate from any cancellation fee applying to Comfy Travel’s Service and Support Fees.
9.6 Comfy Travel will take reasonable steps to request an available refund, credit, transfer or date change from the Supplier.
9.7 Comfy Travel cannot guarantee that a Supplier will approve a refund, credit, transfer, name change or date change.
9.8 Where a Supplier provides Comfy Travel with a refund or credit, Comfy Travel will pass the available refund or credit to the Traveller, less any properly disclosed and lawful Supplier or administration costs.
9.9 Comfy Travel is not responsible for a Supplier’s acts or omissions except where:
(a) Comfy Travel has failed to exercise reasonable care in arranging the service;
(b) Comfy Travel has breached its agreement with the Traveller; or
(c) Comfy Travel is otherwise legally responsible.
10. INCLUSIONS AND EXCLUSIONS
10.1 The accepted quote or itinerary will identify what is included in the Booking.
10.2 Unless expressly included, the following are ordinarily excluded:
(a) flights and other transport fares;
(b) accommodation;
(c) travel insurance;
(d) meals, groceries and beverages;
(e) activities and entry fees;
(f) vehicle hire;
(g) fuel, tolls and parking;
(h) ferry fares and transfers;
(i) personal spending money;
(j) medical, pharmacy and hospital costs;
(k) ambulance costs;
(l) laundry and toiletries;
(m) excess baggage;
(n) mobility-equipment hire;
(o) replacement equipment; and
(p) services or expenses not stated in the quote.
10.3 Additional services requested before or during the Trip may be charged separately.
10.4 Additional costs must be approved by the Traveller or Authorised Representative wherever reasonably practical.
11. NDIS FUNDING
11.1 Describing a Trip as supported or NDIS-related does not mean that every part of the Trip can be paid from NDIS funding.
11.2 Personal Travel Costs are ordinarily payable privately and must not be claimed from NDIS funding unless expressly permitted under current NDIS rules.
11.3 NDIS funding may only be used for disability-related support services that:
(a) are permitted under applicable NDIS laws, rules and pricing arrangements;
(b) relate to the participant’s disability support needs;
(c) are consistent with the participant’s plan and goals;
(d) are within the participant’s available budget;
(e) have been agreed in a separate service agreement; and
(f) can be lawfully provided and claimed.
11.4 Where another NDIS provider delivers the support services, that provider’s service agreement, cancellation policy, invoices and claiming obligations will apply to those supports.
11.5 These website Terms do not by themselves authorise Comfy Travel or another provider to claim an amount from a participant’s NDIS plan.
11.6 Comfy Travel does not guarantee that the NDIA, a plan manager or another funding body will approve or pay an invoice.
11.7 The Traveller or Authorised Representative must promptly disclose any relevant change to:
(a) the participant’s NDIS plan;
(b) available funding;
(c) plan-management arrangements;
(d) funding suspension;
(e) plan reassessment or replacement; or
(f) access to the NDIS.
11.8 Where an agreed amount is not payable from NDIS funding because the Traveller supplied incorrect or incomplete funding information, the Traveller may be responsible for paying the amount privately, provided that:
(a) the private-payment responsibility was clearly disclosed and agreed in writing before the Booking was confirmed; and
(b) Comfy Travel took reasonable steps to verify the funding information provided.
11.9 Any NDIS cancellation claim must comply with:
(a) the current NDIS Pricing Arrangements and Price Limits;
(b) the participant’s applicable service agreement;
(c) applicable notice requirements;
(d) applicable claiming conditions; and
(e) all relevant legal and regulatory requirements.
12. CANCELLATION BY THE TRAVELLER
12.1 Written notice
All cancellation requests must be submitted in writing to:
Email: admin@comfytravel.com.au
The cancellation takes effect on the date Comfy Travel receives the written cancellation notice.
12.2 Cancellation-fee schedule
Unless a different cancellation arrangement is expressly stated in the accepted quote or signed service agreement, the following fees apply to Comfy Travel’s Service and Support Fees:
| Cancellation notice received | Cancellation fee |
|---|---|
| More than 14 days before the scheduled Departure Date | 10% of Comfy Travel’s Service and Support Fees |
| 14 days or fewer before the scheduled Departure Date | 25% of Comfy Travel’s Service and Support Fees |
| Failure to attend or cancellation on or after the scheduled Departure Date | 25% of Comfy Travel’s Service and Support Fees, plus payment for services already provided |
12.3 For the purpose of these Terms, the final two weeks means the period beginning 14 calendar days before the scheduled Departure Date.
12.4 The cancellation fee contributes towards work and commitments associated with the Booking, including:
(a) consultation and holiday planning;
(b) travel research and itinerary preparation;
(c) administration and booking coordination;
(d) preparation of travel documents;
(e) risk assessment and support planning;
(f) communication with Suppliers;
(g) support-worker recruitment, allocation and rostering; and
(h) other reasonable work completed in preparation for the Trip.
12.5 The cancellation percentage applies only to Comfy Travel’s Service and Support Fees. It does not replace or include non-refundable Personal Travel Costs.
12.6 The following may therefore be deducted from or payable in addition to the cancellation fee, but only where a Non-Refundable Booking Acknowledgement was obtained before the relevant Supplier booking was made:
(a) non-refundable flights;
(b) non-refundable accommodation;
(c) vehicle-hire cancellation charges;
(d) ferry cancellation charges;
(e) non-refundable tickets and activity bookings;
(f) Supplier amendment and cancellation fees; and
(g) other non-refundable or unrecoverable Personal Travel Costs.
12.7 Comfy Travel will not retain more than the amounts properly payable under these Terms, the applicable Supplier conditions and the law.
12.8 Nothing in this cancellation schedule limits any right or remedy available under the Australian Consumer Law.
13. CANCELLATION BECAUSE OF ILLNESS OR PERSONAL CIRCUMSTANCES
13.1 Illness, injury, hospitalisation, a family emergency, change of mind, change in personal circumstances or a change in funding does not automatically require a Supplier to provide a refund.
13.2 Comfy Travel will take reasonable steps to request any refund, credit or date change available under the Supplier’s conditions.
13.3 The Traveller remains responsible for non-refundable or unrecoverable Supplier costs where a Non-Refundable Booking Acknowledgement was provided.
13.4 Travellers are strongly encouraged to obtain suitable domestic travel insurance immediately after their Booking is confirmed.
13.5 Where available, Comfy Travel will provide reasonable documentation to support a travel-insurance claim, including:
(a) invoices;
(b) booking confirmations;
(c) receipts;
(d) cancellation confirmations; and
(e) details of any available Supplier refund or credit.
13.6 Comfy Travel does not guarantee that an insurer will accept or pay a claim.
14. EARLY WITHDRAWAL OR FAILURE TO TRAVEL
14.1 A Traveller who voluntarily withdraws after the Trip has commenced is not automatically entitled to a refund for unused services.
14.2 Comfy Travel will refund any amount that:
(a) Comfy Travel did not earn or incur;
(b) is refunded by a Supplier;
(c) Comfy Travel is legally required to refund; or
(d) is otherwise refundable under the accepted quote or service agreement.
14.3 Any refund remains subject to applicable Supplier terms and reasonable costs already incurred.
15. CHANGES REQUESTED BY THE TRAVELLER
15.1 Requests to change dates, destinations, flights, accommodation, staffing, support ratios, activities or other booking details must be submitted in writing.
15.2 Requested changes are subject to availability and Supplier approval.
15.3 The Traveller is responsible for any:
(a) Supplier amendment fees;
(b) fare differences;
(c) accommodation price differences;
(d) booking-transfer fees;
(e) name-change fees;
(f) additional staffing costs;
(g) additional planning or administration costs; and
(h) other additional costs caused by the requested change.
15.4 Comfy Travel will disclose known additional costs before confirming a material change.
15.5 A requested change is not confirmed until Comfy Travel provides written confirmation.
16. CANCELLATION OR CHANGES BY COMFY TRAVEL
16.1 Comfy Travel may change, postpone or cancel a Trip where reasonably necessary because of:
(a) health or safety concerns;
(b) insufficient staffing;
(c) a material change in the Traveller’s needs;
(d) insufficient group numbers;
(e) Supplier cancellation;
(f) severe weather;
(g) natural disaster;
(h) road closure;
(i) transport disruption;
(j) government direction;
(k) public-health emergency;
(l) industrial action; or
(m) another event outside Comfy Travel’s reasonable control.
16.2 Comfy Travel will notify the Traveller or Authorised Representative as soon as reasonably practicable and, where the reason is within Comfy Travel’s reasonable control, will explain the reason in writing.
16.3 Where Comfy Travel cancels a Trip because it is unable to provide the agreed service for a reason within its reasonable control, Comfy Travel will, at the Traveller’s election:
(a) offer a replacement or alternative Trip of equivalent or greater value;
(b) provide a full travel credit for the value of the cancelled service; or
(c) provide a full refund of Comfy Travel’s Service and Support Fees paid for the cancelled service, within 14 days of the cancellation notice.
16.4 Refunds or credits for third-party services remain subject to the relevant Supplier’s terms and conditions.
16.5 Where a Trip is affected by circumstances outside Comfy Travel’s reasonable control:
(a) Comfy Travel will take reasonable steps to obtain available Supplier refunds or credits;
(b) recoverable Supplier refunds or credits will be passed to the Traveller within a reasonable time;
(c) unrecoverable Supplier costs may remain payable by the Traveller where a Non-Refundable Booking Acknowledgement was obtained before the relevant booking; and
(d) Comfy Travel may retain reasonable payment for work already completed and costs already incurred, proportionate to the services actually delivered.
16.6 Nothing in this section limits the Traveller’s rights under the Australian Consumer Law.
17. ITINERARY CHANGES
17.1 Itineraries may need to change because of:
(a) weather;
(b) transport availability;
(c) accessibility;
(d) health or safety considerations;
(e) Supplier availability;
(f) road conditions; or
(g) other operational circumstances.
17.2 Comfy Travel may substitute an activity, route, property or Supplier with a reasonably comparable alternative.
17.3 Comfy Travel will consult the Traveller or Authorised Representative about a substantial change where consultation is reasonably possible.
17.4 Additional costs resulting from a change requested by the Traveller are payable by the Traveller.
17.5 Where Comfy Travel makes a material change, the Traveller’s rights will depend on the reason for the change, the services still provided, the applicable Supplier terms and the Australian Consumer Law.
18. MINIMUM TRAVELLER NUMBERS
18.1 A group Trip may be subject to a minimum number of confirmed and fully paid Travellers.
18.2 Comfy Travel will disclose a minimum-number requirement before accepting payment where it applies.
18.3 Where the minimum number is not reached, Comfy Travel may:
(a) offer the Trip at a revised price;
(b) offer alternative dates;
(c) offer another destination or Trip;
(d) provide a credit; or
(e) cancel the Trip and provide any refund required under these Terms and the law.
19. TRAVEL INSURANCE
19.1 Comprehensive domestic travel insurance is strongly recommended.
19.2 Insurance should, where available and appropriate, cover:
(a) cancellation and amendment costs;
(b) pre-existing medical conditions;
(c) medical and hospital expenses not otherwise covered;
(d) lost, stolen or damaged property;
(e) travel interruption;
(f) additional accommodation and transport;
(g) vehicle-hire excess; and
(h) emergency assistance.
19.3 The Traveller is responsible for:
(a) selecting an appropriate insurance policy;
(b) reading the policy terms;
(c) accurately disclosing pre-existing conditions;
(d) paying the premium; and
(e) lodging any claim.
19.4 Comfy Travel does not provide personal financial advice and does not guarantee that an insurance policy will cover a particular event.
19.5 A Traveller who chooses not to obtain travel insurance accepts the financial risks associated with that decision.
20. HEALTH AND MEDICAL INFORMATION
20.1 The Traveller must disclose all information reasonably relevant to safe travel and support, including:
(a) health conditions;
(b) disability-related needs;
(c) mobility requirements;
(d) allergies;
(e) dietary requirements;
(f) medication;
(g) communication requirements;
(h) behaviour support needs;
(i) seizure or emergency-management requirements; and
(j) recent changes in health or wellbeing.
20.2 The Traveller must notify Comfy Travel of any material change before departure.
20.3 Comfy Travel may request medical clearance where it has reasonable concerns about the Traveller’s ability to travel safely. Any request for medical clearance will:
(a) be made in writing;
(b) identify the specific concern prompting the request; and
(c) allow reasonable time for the Traveller to obtain and provide the clearance.
20.4 Refusal to provide information or clearance reasonably required for safety may result in postponement or cancellation.
20.5 In an emergency, the Traveller authorises Comfy Travel and its workers to:
(a) contact emergency services;
(b) arrange ambulance or other transport;
(c) arrange assessment by an appropriate health service;
(d) contact the Traveller’s emergency contact or representative; and
(e) disclose relevant information necessary to protect the Traveller’s or another person’s health or safety.
20.6 The Traveller is responsible for ambulance, medical, hospital, pharmacy and related expenses unless those costs are expressly included or another person is legally responsible.
21. MEDICATION
21.1 Medication must be provided:
(a) in original pharmacy packaging or an approved dose-administration aid;
(b) with clear and current instructions;
(c) in sufficient quantity for the Trip;
(d) with a reasonable contingency supply where appropriate; and
(e) with any required medication authority, prescription or management plan.
21.2 Comfy Travel workers will only assist with medication where:
(a) medication assistance has been agreed;
(b) suitable documentation is available;
(c) the worker has received appropriate training;
(d) the assistance is within the worker’s role and competence; and
(e) the assistance can be provided safely and lawfully.
21.3 Medication changes must be communicated before departure.
21.4 The Traveller must not ask a worker to administer or assist with medication outside the agreed medication arrangements.
22. SUPPORT WORKERS AND SUPPORT RATIOS
22.1 The quote or service agreement will identify the proposed staffing arrangement and support ratio.
22.2 Comfy Travel will consider preferences relating to:
(a) worker gender;
(b) experience;
(c) culture;
(d) language;
(e) communication style; and
(f) compatibility.
22.3 Comfy Travel cannot guarantee a particular support worker.
22.4 Comfy Travel may replace a worker because of illness, emergency, leave, availability, safety or another operational requirement.
22.5 Comfy Travel may recommend increasing the support ratio where reasonably required because:
(a) the Traveller’s needs have changed;
(b) new information has been disclosed;
(c) a risk assessment identifies additional support requirements; or
(d) the original ratio is no longer safe or suitable.
22.6 Any recommended ratio increase and associated cost increase must be:
(a) communicated to the Traveller or Authorised Representative in writing, including the reason for the recommendation and the estimated additional cost;
(b) approved by the Traveller or Authorised Representative in writing before implementation; and
(c) confirmed in an updated quote or service agreement before the additional cost is charged.
22.7 Where an immediate health or safety risk requires urgent action before written approval can be obtained, Comfy Travel may implement a temporary increase in staffing to manage the immediate risk. Comfy Travel will:
(a) notify the Traveller or Authorised Representative as soon as reasonably practicable;
(b) document the reason for the urgent action; and
(c) obtain written approval from the Traveller or Authorised Representative for any ongoing increased ratio and cost before the next scheduled service period.
22.8 Nursing, active-night, overnight and high-intensity supports must be separately assessed, quoted and agreed.
23. TRAVELLER RESPONSIBILITIES
23.1 The Traveller and their Authorised Representative must:
(a) provide accurate information;
(b) pay agreed amounts by the due date;
(c) comply with lawful Supplier conditions;
(d) follow reasonable safety directions;
(e) treat staff, other Travellers, Suppliers and members of the public respectfully;
(f) comply with applicable laws;
(g) disclose material changes affecting the Trip;
(h) bring required medication, equipment and documentation; and
(i) participate in agreed safety and support planning.
23.2 The Traveller must not engage in conduct that creates an unreasonable risk to:
(a) themselves;
(b) another Traveller;
(c) a worker;
(d) a Supplier; or
(e) a member of the public.
24. BEHAVIOUR AND SAFETY
24.1 Comfy Travel may suspend an activity, alter the support arrangement or end a Trip early where conduct creates a serious or immediate risk.
24.2 Conduct that may require action includes:
(a) violence or threats;
(b) serious aggression;
(c) serious property damage;
(d) unlawful conduct;
(e) possession or use of illegal substances;
(f) serious harassment or abuse;
(g) unauthorised driving;
(h) repeated refusal to follow critical safety directions; or
(i) behaviour that cannot be safely managed under the agreed support arrangement.
24.3 Where reasonably possible, Comfy Travel will:
(a) use appropriate de-escalation strategies;
(b) follow an applicable behaviour support plan;
(c) consult the Traveller or Authorised Representative;
(d) consider less restrictive alternatives; and
(e) take steps to preserve the Traveller’s dignity and safety.
24.4 If a Trip must end early because of the Traveller’s conduct, the Traveller may be responsible for reasonable additional costs, including:
(a) transport;
(b) accommodation;
(c) staffing;
(d) property damage; and
(e) collection or return-travel arrangements.
24.5 Comfy Travel will not impose a restrictive practice except where authorised and used in accordance with applicable law.
25. ALCOHOL, SMOKING AND PROHIBITED SUBSTANCES
25.1 Smoking and vaping are permitted only in lawful designated areas and in accordance with accommodation and vehicle rules.
25.2 Illegal drugs and unlawful substances are prohibited.
25.3 Alcohol must be consumed lawfully and responsibly.
25.4 Alcohol use must also be consistent with:
(a) the Traveller’s medication;
(b) health requirements;
(c) behaviour support arrangements;
(d) accommodation rules; and
(e) safety planning.
25.5 Comfy Travel may take reasonable action where alcohol or substance use creates a health or safety risk.
26. TRANSPORT AND VEHICLE USE
26.1 Travellers must comply with all applicable:
(a) seatbelt requirements;
(b) child-restraint requirements;
(c) mobility-equipment restraints;
(d) vehicle capacity limits;
(e) road rules; and
(f) transport-provider conditions.
26.2 Only an appropriately licensed and authorised person may drive a vehicle arranged for the Trip.
26.3 A Traveller who wishes to drive a hire vehicle must:
(a) disclose this before the vehicle is collected;
(b) satisfy the hire company’s age and licence requirements;
(c) be approved by the vehicle-hire Supplier;
(d) be listed as an authorised driver;
(e) pay any additional-driver fee unless otherwise agreed; and
(f) complete any risk assessment or driving-authorisation form required by Comfy Travel.
26.4 The Traveller is responsible for fines, tolls, traffic offences and loss caused by their driving, except to the extent another person is responsible or the amount is covered by insurance.
26.5 Vehicle use must comply with all Supplier restrictions, including restrictions relating to:
(a) unsealed roads;
(b) remote-area travel;
(c) ferry transport;
(d) night driving;
(e) additional drivers; and
(f) geographical limits.
27. ACCOMMODATION AND PROPERTY DAMAGE
27.1 Travellers and accompanying persons must comply with accommodation rules.
27.2 The Traveller may be responsible for loss or damage intentionally or negligently caused by the Traveller or their guest.
27.3 Recoverable costs may include:
(a) additional cleaning;
(b) repairs;
(c) replacement items;
(d) lost keys or access cards;
(e) smoking or pet charges;
(f) call-out fees; and
(g) other Supplier charges attributable to the Traveller.
27.4 Comfy Travel will provide reasonable evidence of the charge.
27.5 The Traveller is not responsible for ordinary wear and tear or damage caused by Comfy Travel’s negligence.
28. PERSONAL PROPERTY AND BAGGAGE
28.1 The Traveller remains responsible for their:
(a) baggage;
(b) money;
(c) bank cards;
(d) identification documents;
(e) electronic devices;
(f) mobility equipment;
(g) medical equipment; and
(h) personal property.
28.2 Baggage limits are determined by the applicable transport Supplier.
28.3 The Traveller is responsible for excess-baggage charges unless otherwise agreed.
28.4 Comfy Travel is not responsible for lost, stolen or damaged property unless the loss was caused by Comfy Travel’s failure to exercise reasonable care.
28.5 Valuable items should be securely stored and appropriately insured.
29. SPENDING MONEY
29.1 Where Comfy Travel agrees to assist with spending money, the arrangement must be documented before the Trip.
29.2 Comfy Travel will maintain reasonable records of money handled by its workers.
29.3 The Traveller remains responsible for money, cards or accounts they manage independently.
29.4 Comfy Travel is not responsible for independent purchases or for cash or cards controlled by the Traveller, unless the loss was caused by Comfy Travel’s negligence or misconduct.
30. PHOTOS, VIDEOS AND MEDIA
30.1 Comfy Travel will not use an identifiable Traveller’s image for public advertising or promotional purposes without consent.
30.2 Media consent must be:
(a) informed;
(b) voluntary;
(c) specific to the proposed use; and
(d) capable of being withdrawn for future use.
30.3 Refusing media consent will not affect access to Comfy Travel’s services.
30.4 The Traveller may withdraw media consent by contacting Comfy Travel in writing.
30.5 Withdrawal will apply to future use. Comfy Travel may not be able to recall printed or published material that was lawfully produced before consent was withdrawn.
31. PRIVACY AND INFORMATION HANDLING
31.1 Comfy Travel may collect personal, health, disability and emergency information reasonably necessary to:
(a) assess and plan the Trip;
(b) provide supports safely;
(c) arrange travel services;
(d) communicate with Suppliers;
(e) respond to emergencies;
(f) process payments and lawful funding claims;
(g) investigate incidents or complaints; and
(h) comply with legal obligations.
31.2 Information may be disclosed to relevant:
(a) workers and contractors;
(b) accommodation and transport Suppliers;
(c) health professionals;
(d) emergency services;
(e) guardians and authorised representatives;
(f) plan managers and funding bodies;
(g) insurers; and
(h) regulators or government authorities,
where the disclosure is reasonably necessary and lawful.
31.3 Comfy Travel will take reasonable steps to protect personal information from:
(a) misuse;
(b) interference;
(c) loss;
(d) unauthorised access;
(e) unauthorised modification; and
(f) unauthorised disclosure.
31.4 Travellers may request access to or correction of their personal information by contacting Comfy Travel.
31.5 Personal information will be handled in accordance with Comfy Travel’s Privacy Policy and applicable privacy laws.
32. INCIDENTS AND EMERGENCIES
32.1 Comfy Travel will respond to incidents according to:
(a) the seriousness of the event;
(b) the Traveller’s emergency plan;
(c) applicable incident-management procedures; and
(d) legal and regulatory obligations.
32.2 Comfy Travel may contact:
(a) emergency services;
(b) police;
(c) the Traveller’s guardian or emergency contact;
(d) a health professional;
(e) an insurer;
(f) a funding body;
(g) the NDIS Quality and Safeguards Commission where applicable; or
(h) another authority where required by law.
32.3 Incident information will be documented and handled confidentially.
32.4 Where appropriate and lawful, the Traveller or Authorised Representative will be informed about the incident and the actions taken.
33. FEEDBACK AND COMPLAINTS
33.1 Comfy Travel welcomes feedback and complaints.
33.2 A complaint may be submitted through:
Phone: 0481 433 337
Email: admin@comfytravel.com.au
Post: 2/290 Boundary Street, Spring Hill QLD 4000
33.3 Comfy Travel will:
(a) acknowledge the complaint promptly;
(b) treat the complainant respectfully;
(c) handle the complaint confidentially;
(d) investigate the matter fairly;
(e) provide an outcome or progress update within a reasonable period; and
(f) not disadvantage a person for making a complaint.
33.4 A person may use an advocate, family member or other support person during the complaint process.
33.5 Depending on the subject of the complaint, a person may also contact:
(a) the NDIS Quality and Safeguards Commission;
(b) the Australian Competition and Consumer Commission;
(c) the Office of the Australian Information Commissioner;
(d) the Queensland Office of Fair Trading;
(e) an applicable state or territory consumer-protection agency; or
(f) an independent disability advocacy service.
34. CONSUMER GUARANTEES
34.1 Comfy Travel will provide its services with due care and skill.
34.2 Services will be reasonably fit for any purpose made known to Comfy Travel and agreed by Comfy Travel.
34.3 Services will be provided within the agreed period or, where no period is agreed, within a reasonable time.
34.4 Nothing in these Terms excludes, restricts or modifies:
(a) the Australian Consumer Law;
(b) any applicable consumer guarantee;
(c) liability for fraud or wilful misconduct;
(d) liability that cannot lawfully be excluded; or
(e) another non-excludable statutory right.
35. LIMITATION OF RESPONSIBILITY
35.1 Subject to the Australian Consumer Law and any other non-excludable rights, Comfy Travel is not responsible for loss caused solely by:
(a) inaccurate, incomplete or withheld information supplied by the Traveller;
(b) the Traveller’s unlawful, reckless or intentional conduct;
(c) the Traveller’s failure to follow a reasonable and lawful safety direction;
(d) an independent Supplier acting outside Comfy Travel’s reasonable control;
(e) severe weather, natural disaster, government action or another event Comfy Travel could not reasonably prevent; or
(f) the Traveller’s failure to obtain appropriate travel insurance.
35.2 Comfy Travel remains responsible for loss to the extent it was caused by Comfy Travel’s:
(a) negligence;
(b) breach of contract;
(c) breach of a consumer guarantee;
(d) unlawful conduct; or
(e) failure to exercise reasonable care.
35.3 The Traveller must take reasonable steps to minimise avoidable loss.
35.4 The Traveller is not required to indemnify Comfy Travel for loss caused by Comfy Travel’s negligence, breach or unlawful conduct.
36. FORCE MAJEURE AND EVENTS OUTSIDE REASONABLE CONTROL
36.1 An event outside reasonable control may include:
(a) natural disaster;
(b) bushfire;
(c) flood;
(d) cyclone;
(e) severe weather;
(f) pandemic or public-health emergency;
(g) government restriction;
(h) industrial action;
(i) road closure;
(j) transport cancellation;
(k) civil disturbance; or
(l) failure of essential infrastructure.
36.2 Where such an event affects a Trip, Comfy Travel will take reasonable steps to:
(a) protect health and safety;
(b) minimise disruption;
(c) obtain available Supplier refunds or credits;
(d) provide an alternative where practical; and
(e) keep the Traveller or Authorised Representative informed.
36.3 Refunds and credits remain subject to:
(a) the Australian Consumer Law;
(b) the services actually provided;
(c) costs reasonably incurred;
(d) the accepted quote and service agreement; and
(e) applicable Supplier terms.
37. DISPUTE RESOLUTION
37.1 The parties should first attempt to resolve a dispute through direct and respectful discussion.
37.2 Either party may request a meeting involving:
(a) the Traveller;
(b) the Authorised Representative;
(c) an advocate;
(d) a support coordinator; or
(e) another agreed support person.
37.3 Nothing in this section prevents a person from:
(a) obtaining legal advice;
(b) contacting a regulator;
(c) making a consumer complaint;
(d) making an NDIS-related complaint; or
(e) commencing legal proceedings.
38. CHANGES TO THESE TERMS
38.1 Comfy Travel may update these general Terms from time to time.
38.2 Updated Terms will apply to new Bookings from the date they are published.
38.3 Updated Terms will not retrospectively change a confirmed Booking unless:
(a) the Traveller agrees in writing;
(b) the change is required by law; or
(c) the change is reasonably necessary to address an immediate health or safety risk.
38.4 Material changes affecting a confirmed Booking will be communicated to the Traveller or Authorised Representative.
39. SEVERABILITY
39.1 If any part of these Terms is invalid, unlawful or unenforceable, that part will be read down to the extent necessary.
39.2 If it cannot be read down, it will be removed without affecting the remaining Terms.
40. GOVERNING LAW
40.1 These Terms are governed by the laws of Queensland and the applicable laws of the Commonwealth of Australia.
40.2 Subject to any legal right to bring a claim elsewhere, the parties submit to the courts and tribunals having jurisdiction in Queensland.
41. CONTACT INFORMATION
Support Point Pty Ltd trading as Comfy Travel
ABN 50665090639
2/290 Boundary Street
Spring Hill QLD 4000
Phone: 0481 433 337
Email: admin@comfytravel.com.au
Website: comfytravel.com.au
42. ACKNOWLEDGEMENT
42.1 By approving a quote, signing a booking form or service agreement, paying a deposit, paying a Personal Contribution or instructing Comfy Travel to make a booking, the Traveller or Authorised Representative acknowledges that:
(a) they have read and understood these Terms and Conditions;
(b) they understand the difference between Service and Support Fees and Personal Travel Costs;
(c) they authorise Comfy Travel to use the agreed Personal Contribution to make approved travel bookings;
(d) they understand that Comfy Travel will obtain a Non-Refundable Booking Acknowledgement before committing funds to any non-refundable or substantially non-refundable Supplier booking;
(e) they understand that Supplier bookings confirmed with a Non-Refundable Booking Acknowledgement may not be refundable, and that Comfy Travel is not required to reimburse such costs from its own funds except where required by law;
(f) they understand that cancellation more than 14 days before departure will generally incur a cancellation fee equal to 10% of Comfy Travel’s Service and Support Fees;
(g) they understand that cancellation within 14 days of departure will generally incur a cancellation fee equal to 25% of Comfy Travel’s Service and Support Fees;
(h) they understand that non-refundable Supplier costs are separate from Comfy Travel’s cancellation fee;
(i) they understand that any increase to the support ratio and associated costs requires their prior written approval except in urgent safety situations, which will be followed by prompt notification and written approval for ongoing arrangements;
(j) they understand that travel insurance is strongly recommended; and
(k) their rights under the Australian Consumer Law continue to apply.
