Terms & Conditions
Definitions
In these Conditions, the following words and expressions have the following meanings:
• Booking means the booking you have made with us for the Tour;
• Booking Deposit means $250.00 or another amount which we have notified you before you make your booking;
• Cancellation Fee means:
• if cancelled less than 60 days but more than 45 days prior to departure – 50% of the Tour Price;
• if cancelled less than 45 days prior to departure – 90% of the Tour Price.
• Conditions means these Terms and Conditions which form the basis of the agreement between You and
• Contract means this agreement and includes all Conditions relating to the Booking.
• Force Majeure Event means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour beyond Our control.
• Itinerary means the Itinerary for Your Tour attached to these Conditions as Annexure A issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.
• Personal Information means information about You and any other person for whom You make a Booking, including Your name, address, phone number and other contact details, details of Your next of kin, Your passport number, credit or debit card details, and information about Your health, medical needs, dietary requirements and any disabilities or other special requirements.
• Service Provider means any independent contractor engaged by Us to provide a Tour or any part of a Tour, and includes an operator.
• Soul/We/Us/Our/Operator means Soul Awakening Retreats Pty Ltd ACN 612 364 780.
• Tour means to the tour package You have booked with Us as outlined in Your Itinerary.
• Tour Departure Date means the scheduled departure date for the Tour set out in Your Itinerary.
• Tour Director means any person designated by Us as the tour director for Your Tour.
• Tour Price means the total amount payable by You for the Tour. It includes the Booking Deposit.
• Validity Period means July 2016 to December 2016.
• You/Your/Guest/Passenger/Participant means the person who makes the Booking and each other person covered by the Booking.
Contract
All bookings are made with Soul Awakening Retreats Pty Ltd ACN 612 364 780. By booking a trip with us you are deemed to have agreed to these 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 in the Itinerary and Annexure B.
• It is important you read these Conditions carefully to ensure that you understand your rights and obligations.
• By signing these Conditions you acknowledge that you have read, understood and agree to be bound by these Conditions.
• If you make a Booking on behalf of any other person, You represent to us that You have their authority to make the Booking on their behalf and to legally bind them to this Contract and these Conditions.
Validity
• Dates, itineraries and prices are valid from July 2016 until 31 December 2016. Beyond 31 December 2016 dates, itineraries and prices are indicative only.
Your Details
• In order for us to confirm your travel arrangements you must provide all requested details with the balance of the Tour Price. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Your booking cannot be confirmed without provision of these details.
• It is Your responsibility to ensure all of the details on Your travel documents are correct and to bring to Our attention any discrepancies within 48 hours of the Booking.
Pre-Conditions
• It is a pre-condition to this Agreement that each Participant must take out comprehensive and appropriate travel insurance with a reputable insurance company to cover against risks associated with the Tour including cover for loss of luggage, medical expenses, costs and expenses due to cancellations, delays or other disruptions.
• You must provide the certificate of insurance to the Operator on or before 7 days from the departure date of the Tour.
• It is a pre-condition to this Agreement that each Participant must provide a list of all medical history and current medications to the Operator on or before 7 days from the departure date of the Tour. In the event that the Participant has a serious medical condition the Operator may terminate this Agreement in their absolute discretion.
• 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.
• We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
Booking & Payment
• Your Booking will be confirmed only when We have received:
• Your non-refundable Booking Deposit; or
• If Your Booking is made 60 days or less before the Tour Departure Date, the Tour Price and all other amounts payable under this Contract.
• Except as indicated in clause 6.7, We will notify You of the Tour Price and provide You with Your Itinerary at the time of making Your Booking.
• You must pay Your Booking Deposit within 7 days after making Your Booking. If We do not receive Your Booking Deposit within 7 days after You make Your Booking, We will automatically cancel Your Booking without further notice to You.
• Any accommodation, sightseeing or flights We book for You separately to those stated in Your Itinerary are not included in the Booking Deposit or Tour Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Tour Price at the time which We notify You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.
• For some special offers, We may require payment of a further deposit before the balance of the Tour Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when we confirm Your Booking. You must make payment by the date notified by Us.
• Except as required by law, Booking Deposits are not refundable and are not transferable to other Tours or Bookings.
• Your Booking is not confirmed until You have paid the Tour Price. We will notify You of the Tour Price promptly after We have calculated it. If You do not confirm Your acceptance of the Tour Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Tour Price. If You notify Us that You have rejected the Tour Price or if You are deemed to have rejected the Tour Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Tour Price, You must pay the outstanding Tour Price within 24 hours of Us notifying You of the Tour Price, or We will cancel Your Booking and retain Your Booking Deposit.
• If clause 6.7 does not apply, You must pay to Us the balance of the Tour Price and all other amounts payable under the Contract no later than 60 days before the Tour Departure Date.
• If You wish to change any incidental component of Your Booking, such as any pre or post-tour accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us in for each change and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.
• You may cancel a Booking by sending Us written notice of cancellation at our address as advised before the Tour Departure Date. If You cancel a Booking You will be liable to pay the applicable Cancellation Fee.
• A name change for a Guest or a change to the Tour Departure Date is considered a cancellation of the original Booking.
Payment using our Online Credit Card facility
• Online payments can be made by Visa and MasterCard. Diners Club, American Express. Debit Cards are not accepted. A standard Booking Fee applies per person, per booking as advertised. Before we proceed to issue your airline ticket or process any travel booking on your behalf, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. In circumstances where we cannot contact the card holder and the ticket issuance period lapses thereby making the booking invalid, we will have no choice but to cancel the booked arrangements. Under these circumstances we accept no responsibility for any re-booking costs.
• We reserve the right at our absolute discretion to decline or accept bookings made from outside Australia. Any automatic booking confirmations for such bookings are conditional contingent on our view of any financial risks, potential ticket dispatch delays, or other international regulations that may apply.
• Finally, please note, any confirmed booking is subject to your credit card approval for the transaction. In an eventuality where your credit card is not approved we will attempt to contact you but hold no responsibility for any subsequent non provision of services in the event we are unable to establish contact with you.
Price, inclusions & fees
• All Tour Prices are quoted in Australian Dollars.
• If you pay us by Credit Card, we reserve the right to impose a surcharge on the Tour Price or other fees and charges as may be required.
• Your Tour Price includes all coach and cruise travel; the services of a Tour Director; airport transfers outside Australia; meals as specified in Your Itinerary; flights as specified In Your Itinerary; accommodation; sightseeing and admissions, where stated; port charges; all gratuities and tipping on land tours operated by Us; and any other specific inclusions identified in Your Itinerary.
• Unless expressly listed in Your Itinerary as an inclusion, Your Tour Price does not include additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding GST); or any items or expenses of a personal nature.
• Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour and/or any flight connections are not included in the Tour Price and will be at Your expense.
• If you cancel Your Tour for any reason prior to Your Tour Departure Date (including by changing Your Tour Departure Date or the name of a Guest), You will be liable for the Cancellation Fee.
• You may also be liable to pay cancellation fees to airlines and other third parties.
• We may vary Your Tour Price at any time before You have paid the Tour Price in full to the extent necessary to meet any increase in the Tour costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Tour related costs or tariffs. We will not vary the Tour Price after We have received the total Tour Price from You, regardless of any increases in the costs incurred by Us. We will notify You of any such variation using the Guest Contact Details.
• You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after Your Tour Departure Date. This includes changes due to illness or other personal reasons.
Price & surcharges
• The Tour price is subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip may have been charged different prices. Your best option if you like the price you see is to book at that time.
• Once you have received a quote the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid the deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply.
• We reserve the right to impose surcharges up to 30 days before departure due to unfavorable 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. 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.
Refunds
• Your request for a refund of an airfare booked is governed by the terms and conditions of the airfare you purchased and are as determined by the airlines. Many fares are non-refundable. Airline charges and cancellation fees may apply to your particular airfare.
• When a refund is available there is a limit to the time in which it may be claimed. If you are not planning to travel, it is your responsibility to cancel the flight directly with the airline or notify Us, failure to do so may result in your entire booking being cancelled and you may not be eligible for a refund.
• Refunds will only be paid to you once we have received the funds back from the supplier(s). Generally flight tickets cannot be refunded if they are partially used. This is beyond the Operator’s control.
Amendments to Tour
• Changes are subject to availability.
• Changes outside the validity of your ticket, for example, to a higher season, a different airline, operator or ticketed route, where these are possible, will result in additional charges on top of standard change fees.
• Compensation will not apply if a significant change is made for reasons beyond the Operator’s. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances amounting to a Force Majeure event.
• The Operator cannot accept liability or responsibility for any airline or supplier bankruptcy or insolvency and the failure to provide any services which may follow.
Name changing
• The name you enter on the Traveller Details screen must be the same as on your passport. Your booking will be made under this name and changes to name details are not allowed by many airlines and other service providers. Whilst we will do our best to make such a change if necessary, please bear in mind that most airlines and other service providers treat a name change as a cancellation, to which standard conditions and charges would apply.
Cancellation, delays and changes to your Itinerary
• Your Booking is conditional on Us receiving a minimum number of tour passenger bookings to operate the Tour (which is 5 bookings) and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Tour or Tour Departure Date.
• We will endeavour to make any decision to cancel or delay a Tour, and to notify You of that decision, at least 45 days prior to the scheduled Tour Departure Date.
• If we cancel a Tour, for whatever reason, before departure:
• We will use reasonable endeavours to offer You the closest available tour. If the proposed alternative tour is:
• cheaper than Your original Tour Price, We will refund the difference to You; or
• more expensive than Your original Tour Price, You must pay the difference to Us;
• if You accept the proposed alternative tour, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
• if You do not accept the proposed alternative tour within 7 days of being notified by Us of the alternative, We will cancel Your Booking, refund to You all monies paid directly to Us and will have no further liability to You; and
• We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent.
• If we delay the departure of a Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either:
• a full refund of all amounts paid to Us; or
• a credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.
• We will use reasonable endeavours to provide the Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and We may need to make alterations to the Tour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside of Our control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to:
• give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
• provide or arrange appropriate alternative activities, transport and accommodation as required.
• If we substitute anything from the Itinerary We will use reasonable endeavours to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.
• Any changes to Your Itinerary will be notified to You:
• if prior to Your Tour Departure Date, by phone or email; or
• if during Your Tour, personally by the Operator’s representative.
• To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause, including without limitation any:
• claim for distress, disappointment or loss of enjoyment arising from the alteration;
• additional personal expenses incurred by You, including for food, beverages and personal items; or
• costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.
Severability
• In the event that any term or condition contained in these Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then 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.
Your Tour Obligations
• For the comfort and safety of You and Your fellow passengers and other people, You must follow the Tour Director’s instructions at all times.
• If We, the Tour Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Tour Director We may terminate the Contract and withdraw You from the Tour with immediate effect. If it is reasonably practicable to do so, the Tour Director will provide a warning to You and allow You an opportunity to rectify Your behaviour before We withdraw You from the Tour.
• If you are withdrawn from the Tour, You must make Your own travel and other arrangements at Your own expense and We are not liable to You for any loss, cost or damage You may suffer or incur.
• You must have a valid passport with an expiry date of at least six (6) months after the last scheduled day of Your Tour.
• You must ensure that You obtain prior to the Tour Departure Date all required entry visas for all countries to be visited during the Tour, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Tour.
• If you do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a Tour (“Documentation”):
• We will not refund to You all or any portion of the Tour Price; and
• You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re-joining the Tour.
• We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
Notification of General Risks
• You acknowledge and agree that there are general risks associated with travelling, which are beyond the Operator’s control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include:
• Tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events;
• changes to the Tour and Your Itinerary;
• forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or
• other circumstances beyond Our control.
• You acknowledge and agree that the Tour will be carried out in a third world country and its services, roads and accommodation may be different to the standard you are expecting.
• You acknowledge and agree that where the Tour, any part of the Tour, accommodation, flights or any other good or service are not directly provided by Us, but is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.
• You must make Your own enquiries regarding Your Tour, including being aware of any relevant government travel safety warnings.
Travel Advice & Vaccinations
• Australian residents should refer to the travel advice posted by the Department of Foreign Affairs at http://www.dfat.gov.au/ or http://www.smarttraveller.gov.au/ for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit.
• It is your responsibility to ensure that you have arranged all necessary vaccinations for your Itinerary.
Taxes and Frequent Flyer Program
• Local travel and airport taxes and charges may apply in various overseas countries. Unless otherwise stated, these taxes are not included as part of the fees. Taxes and duties may need to be paid in local currency at the time of departure and are subject to change without notice.
Luggage and Baggage Information
• It is your responsibility to check the rules of the airline carrier initially accepting the baggage will apply. Various airline carriers have baggage embargo where excess, oversized, or overweight bags and all boxes are not permitted during peak periods of travel.
• The condition of the contract between you and the Third Party Suppliers may permit them to charge further costs on baggage and this will depend on your ticket, mileage status and/or class of service.
Age & Health requirements
• For the majority of our trips the minimum age is 18 at the time of travel and the upper age limit is 65 at the time of travel.
• Passengers must ensure that they are suitably fit to allow full participation in the trip. 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.
Overseas customs
• 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 responsibly.
Acceptance of risk
• You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate.
• 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.
Optional activities
• Optional activities not included in the trip price do not form part of the trip or this contract.
Claims & complaints
• If you have a complaint about your trip please inform your group leader 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.
Photos & 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.
Applicable law
• The laws of Queensland, Australia govern these Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Conditions must be initiated in the courts of Queensland, Australia.
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.
Limitation of liability
• 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 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; and
• Any condition or warranty which would otherwise be implied by law into these 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.
• We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities.
• In other circumstances we are responsible to you for the proper performance of this contract.
• We shall not be liable for any damage or loss if the failure to carry out the contract is:
• attributable to you;
• attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable;
• due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised;
• due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure; or
• due to an event which the Company, even with all due care, could not foresee or forestall.
• Except in cases involving death, injury or illness, any liability is limited to the Tour Price paid by You. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Operator specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.
• Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions.
• Our acceptance of liability in the clauses above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.
• Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any of Our liability for breach of a guarantee, condition or warranty implied by such a provision, where it is unlawful to do so. All exclusions and limitations of Our liability under the Contract must be read subject to this clause.
• You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with:
• any Tour risks or other aspects of the Tour disclosed to You in the Contract;
• any change to Your Itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the Tour;
• any loss or damage to Your baggage or belongings;
• any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to You during the Tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or
• any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control.
Warranties
• The Site and all information are provided on an as is basis without any warranties of any kind. The Operator disclaims all warranties. Except as provided in these terms, all warranties express or implied are any way excluded. In any event any liability under any implied warranty is limited to providing you with the good or service.
Updating of Terms & Conditions
• The Operator 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.