Terms and Conditions of Travel, AUD (2014/2015)

Please read and understand the conditions of booking set out below prior to booking a trip with Adventure Tours Australia. We strongly recommend that you also read the more detailed online version of your itinerary prior to booking to ensure that you understand the itinerary and style of the trip you are undertaking. 

1. Our Contract  

All bookings are made with Intrepid Travel Pty Ltd, trading as Adventure Tours Australia (ABN 35 007 172 456). By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

2. Validity 

Dates, itineraries and prices are valid from 01 April 2014 until 31 March 2015. Beyond 31 March 2015 dates, itineraries and prices are indicative only.

 

3. Deposit Requirement

You are required to pay a non-refundable deposit of AU$250 per person per trip (AU$80 for Day Tours) for your booking to be confirmed. If your booking is made within 30 days of the departure date for Day Tours and Short Break Adventures (6 days or less) then the full amount is payable at the time of booking. If your booking is made within 56 days for Extended Tours (7 days or more), the full amount is payable at the time of booking. Please note that an increased deposit and cancellation fee applies for Fraser Island Reef Experience.

 

4. Acceptance of booking and final payments  

If we accept your booking we will issue a confirmation invoice. A contract will exist between us from the date we issue the confirmation invoice or, if you book within 7 days of departure, the contract will exist when we accept your deposit. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 30 or 56 days before the departure date dependent on the trip duration (as per clause 3). If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled.

5. Overland kitty

On some New Zealand trips we operate an optional food kitty. The kitty payment is put into a central fund and overseen by travellers and the crew and is used to fund meals. A full description of what the kitty includes is in the Trip Notes. Kitty amounts are subject to change so please check our website for the up-to-date amount 48 hours prior to your trip commencement.

6. Your details 

In order for us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details include full name as per passport, date of birth, nationality, dietary requirements, and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. If you are 70 years of age or over we also require you to complete and forward to us a Self-Assessment form. Your booking cannot be confirmed without provision of these details.

7. Cancellation by the traveller 

If you cancel some or all portions of your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:

» Day Tours

A non-refundable AU$80 per person per tour deposit confirms tour with full payment required 30 days prior to departure.

Cancellation Fees for Day Tours

• 30+ days prior to departure; loss of deposit

• 8-29 days prior to departure; 50% of total price or loss of deposit, whichever is greater

• Within 7 days of departure; 100% of total price

 

» Short Break Adventures (tours of 6 days or less)

A non-refundable AU$250 per person per tour deposit confirms tour with full payment required 30 days prior to departure.

Cancellation Fees for Short Break Tours

• 30+ days prior to departure; loss of deposit

• 8-29 days prior to departure; 50% of total price or loss of deposit, whichever is greater

• Within 7 days of departure; 100% of total price

(AU$300 deposit requirement for the Fraser Island Reef Experience and 100% cancellation fee applies within 30 days to departure)

 

» Extended Tours (tours of 7 days or more)

A non-refundable deposit of AU$250 per person per tour confirms tour with full payment required 56 days prior to departure.

Cancellation Fees for Extended Tours and Packages

• 56+ days prior to departure; loss of deposit

• 30–55 days prior to departure; 50% of total price

• Within 29 days of departure; 100% of total price

If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees. Please note that different cancellation conditions may apply to some tours –­ please ask your booking consultant for details. Please also note that for certain travel arrangements the cancellation charge may be higher than those shown. In certain cases, a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. You are strongly advised to take out cancellation insurance at the time of booking, which will cover cancellation fees. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services.

8. Cancellation by Adventure Tours Australia Group

We may cancel a trip at any time up to 30 days before departure, subject to clause 14. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events, it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking, including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights. Please note that different cancellation conditions may apply to tours operated by our tour partners - please ask your booking consultant for details. 

 

9. Booking amendments 

» Amendment Fees Day Tours

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 15 days prior to the proposed departure date. A fee of AU$50 per person per change may apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 15 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

» Amendment Fees Short Break Tours (tours of 6 days or less)

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 30 days prior to the proposed departure date. A fee of AU$100 per person per change may apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 30 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

» Amendment Fees Extended Tours (tours of 7 days or more)

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 56 days prior to the proposed departure date. A fee of AU$150 per person per change may apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 56 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

Other Change/Amendment Fees for all Tours

Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period. Amendments to any other arrangements made in conjunction with your trip will incur an AU$100 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 7 days of departure. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.

10. Inclusions  

The land price of your trip includes:

  • all accommodation as listed in the Trip Notes
  • all transport listed in the Trip Notes
  • sightseeing and meals as listed in the Trip Notes
  • the services of a tour guide as described in the Trip Notes

11. Exclusions  

The land price of your trip does not include:

  • international or internal flights unless specified
  • kitty as specified in the Trip Notes
  • airport transfers, taxes and excess baggage charges unless specified
  • meals other than those specified in the Trip Notes
  • visa and passport fees
  • travel insurance
  • optional activities and all personal expenses

12. Prices & Surcharges  

Our trip prices are based on currency exchange rates published by OANDA in August 2013. We reserve the right to impose surcharges up to 28 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this brochure once paid in full. 

13. Age & Health requirements

Minimum General policy: for the majority of our trips, the minimum age for children is 12. All travellers under the age of 18 must be accompanied by an adult who is responsible for the child's day-to-day care. Please note; families must upgrade from dorm-share accommodation to private rooms; accompanying adults may be required to share with others in the group on a twin share basis. Variations: a lower minimum age may apply on Short Break and Day Tours. Please be aware of our specially designed Unleashed 18-39 tours. Age requirements may vary on third party operated products, please refer to trip notes.

Maximum  General policy: for the majority of our trips we have no upper age limit, though we remind you that our trips can be physically demanding and a Self-Assessment Form is required for all passengers 70 years and over.  

We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and are either not allowed to enter a country or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements.

14. Small groups & combination trips  

Our trips are guaranteed to depart once they have one fully paid traveller, unless minimum group size specifically states otherwise (see below). This means at times we can have small groups. Many of our trips are designed to fit with other departures to create a longer ‘combination’ trip. This means that some of your group may have already been travelling together for some weeks when you commence your trip. If you would like to know how many people are booked on your trip or any combination trip it is part of, please ask prior to making your booking.

Tours with minimum numbers; some of our tours require minimum numbers to guarantee their departure.  Adventure Tours Australia Group reserves the right to cancel a tour or arrange an alternative operator if group minimum numbers are not met. 

15. Passport and visas 

You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries in which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Trip Notes for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

16. Travel insurance

Travel Insurance is compulsory for all Adventure Tours Australia Group travellers and should be taken out at the time of booking. Your Travel Insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. You must provide proof of your Travel Insurance on the first day of your trip. However it is also recognised that in some countries (eg. Germany and Austria) local consumer laws do not permit the compulsory purchase of Travel Insurance. Clients from these exempt countries who choose to travel without holding an adequate and valid Travel Insurance policy will be asked to complete an Insurance Waiver form before commencement of their tour. Australians are not required to be covered for medical expenses on trips within Australia. However we strongly recommend that you have a domestic Travel Insurance policy which covers personal liability, cancellation, curtailment and loss of luggage and personal effects. 

17. Flexibility

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for last-minute changes. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

18. Change of itinerary

While we endeavour to operate all trips as described, we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

before departure:  If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.

after departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you; please refer to the Trip Notes for your trip for details of emergency funds to be used in such instances which you agree to carry. 

Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary, such as visas, vaccinations or non-refundable flights.

19. Authority on tour 

Our group trips are run by a tour guide. The decision of the tour guide is final on all matters likely to affect the safety or wellbeing of any person participating in the trip. If you fail to comply with a decision made by a tour guide, or interfere with the wellbeing or mobility of the group, the tour guide may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines. 

20. Acceptance of risk

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. It is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

21. Limitation of Liability 

We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.

To the fullest extent permitted by law:

  • any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded
  • you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip
  • any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty) is excluded.

To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.

Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.

22. Optional Activities 

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your Tour Guide or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.  

23. Claims & complaints

If you have a complaint about your trip, please inform your tour guide or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour.

24. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

25. Photos and marketing

You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

26. Privacy Policy 

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our privacy policy (available for viewing on our website). 

27. Applicable Law 

The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Victoria, Australia.

28. Registered Address

Intrepid Travel Pty Ltd
Level 3/380 Lonsdale Street
Melbourne, VIC, 3000, Australia

29. Updating of terms and conditions

The company reserves the right to update and/or alter these terms and conditions at anytime, and it is the clients responsibility to be familiar with them. The latest terms and conditions can always be found on the company website www.adventuretours.com.au and will supersede any previous versions.