Booking Terms and Conditions
'A&K' means Abercrombie & Kent (Australia) Pty Ltd ACN 005 422 999.
'Conditions' means these Terms and Conditions.
'Customer' means a person, firm or corporation seeking to acquire Services from A&K and if there is more than one of these, these Conditions bind them jointly and each of them separately.
'Departure Date' means the date scheduled for the Customer to depart at the start of the Travel Arrangements.
'GST' has the definition given in A New Tax System (Goods and Services Tax) Act 1999 ('Act') or any amending legislation.
'Travel Arrangements' means the travel arrangements made by A&K including all Products.
'Material Alteration' means a material change to the Travel Arrangements as determined at the sole discretion of A&K.
'Products' means individual components of Travel Arrangements, such as accommodation, meals, transport, cruises and tours.
'Services' means the booking and payment services provided by A&K in relation to Travel Arrangements; and
'Suppliers' means the party that is responsible for providing the individual Products.
'Tax Invoice' means a tax invoice which complies with the definition contained in section 29-70 of the Act or any amending legislation.
2 Basis of Contract2.1 The Conditions apply exclusively to every contract for Services by A&K to the Customer and cannot be varied or supplanted by any other condition unless expressly accepted in writing by A&K.
2.2 Acceptance - Payment of a deposit indicates the Customer's acceptance of the Conditions.
3 Booking your holiday
3.1 Quotes - will be provided in relation to a price for the Travel Arrangements. The quote is valid for a period of 7 days.
3.2 Deposit - a non-refundable deposit of 25% (or other amount as advised) is required to secure a booking.
3.3 Late Bookings - Bookings made within 10 days of a Departure Date are subject to a late booking fee of $100 per booking.
3.4 A minimum stay of 3 nights is required for all bookings.
4 Price Policy4.1 Prices contained in the A&K Inspiring Journeys brochure are valid for the period 1 October 2009 to 31 December 2010. All prices are per person in Australian Dollars unless otherwise specified. Prices are subject to the quote provided.
4.2 Travel Arrangement prices are quoted for the entire package and itemised component costs cannot be given.
4.3 Travel Arrangements - the price may be based on Products being booked in groups, and accordingly Customers must travel together throughout the Travel Arrangements.
4.4 Surcharges - the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, fuel levies, scheduled airfares, hotel and ground transportation charges, game park entrance fees and any other increases in connection with the Travel Arrangement.
4.5 Where there is any change in the costs incurred by A&K in providing the Services, A&K may vary its price to account for such change by notifying the Customer, whether or not the Customer has made full payment.
4.6 Changes in the Australian Dollar - the financial commitments A&K undertakes in order to offer the prices mean that prices cannot be reduced or refunded if the Australian dollar strengthens.
4.7 Products not Utilised - no refunds are made in respect of Products not utilised, for example, accommodation, meals and sightseeing excursions.
4.8 Goods & Services not Included - the following are excluded from the Travel Arrangements price: International Airfares, arrival and/or departure taxes, fuel levies and surcharges, passport and visa costs, travel insurance, personal expenditure including drinks, laundry, room services, meals and gratuities, unless expressly included.
4.9 GST - each amount of whatever description specified as payable by the Customer to A&K is expressed net of GST. Prices for the supply of Services exclude any other taxes, duties or imposts imposed on or in relation to the Services in Australia or overseas. The Customer is liable to pay any amount of GST imposed on any Product.
5 Payment5.1 Final Payment - must be received by A&K no later than 90 days prior to the Departure Date.
5.2 Where bookings are made less than 90 days before the Departure Date, full payment must be made at the time of booking.
5.3 In addition to any amount payable to A&K, the Customer must pay to A&K on production of a Tax Invoice the GST payable by A&K in respect of that amount.
6 Amendments6.1 A&K will endeavour to assist if the Customer requests an amendment to the Travel Arrangement booking up to 90 days prior to the Departure Date subject to the following;
(a) Amendment Charge - $50.00 per file applies to any Customer requesting a change to a confirmed booking.
(b) Additional Charges - all other expenses incurred by A&K may also be payable by the Customer at A&K's discretion.
(c) Any charges arising from a request for an amendment are payable by the Customer whether or not A&K is successful in confirming the requested amendment.
(d) Late Amendments - amendments made by the Customer within 90 days of the Departure Date are treated as cancellations and re-bookings. Cancellation charges apply as detailed below.
7 Cancellations by the Customer7.1 The Customer must give A&K notice of any cancellation in accordance with the provisions contained in clause 10.
7.2 Charges - the following charges are payable by the Customer in accordance with the number of days prior to the Departure Date following notice being received by A&K of cancellation:
Days prior to Departure Date Percentage of holiday price payable
From booking to 91 days Deposit forfeit
90-46 days prior 45%
45 or less 100%
7.3 Additional Charges - the Customer may incur further cancellation charges from some local agents.
8 Cancellations and Material Alteration by A&K8.1 A&K may treat a booking as cancelled and levy cancellation charges if the Customer does not pay the balance of the Travel Arrangements price at least 90 days prior to the Departure Date.
8.2 Force Majeure - A&K may, at its sole option, where circumstances outside of its control affect the provision of Travel Arrangements (such as flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) cancel scheduled Travel Arrangements at any time and may at A&K's sole and absolute discretion:
(a) offer the Customer alternative Travel Arrangements or Products of comparable standard as may be appropriate in the circumstances; or
(b) if alternative Travel Arrangements or Products are not offered by A&K, A&K will make a prompt proportional (taking into account the extent of the Travel Arrangements that have been provided or arranged) refund of monies paid by the Customer.
8.3 A&K may charge a reasonable fee to cover the administration costs associated with providing alternative Travel Arrangements or Products.
8.4 Material Alteration - if a Material Alteration becomes necessary within 90 days of the Departure Date for any reason other than the circumstances described in clause 8.2, A&K will endeavour to offer comparable Products or a full refund of all monies paid by the Customer.
9 A&K Obligations and Liability9.1 Booking Agent - A&K acts as a booking agent for the Suppliers of Products and accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Customer or third party resulting from the Customer's or third party's use of the Products. A&K makes reasonable enquiries to determine that Suppliers provide appropriate Products, but A&K is not responsible for the Products or their standard.
9.2 Except as specifically set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the Products or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.3 Circumstances Beyond our Control - if A&K is unable to provide the Travel Arrangements as illustrated in the brochure, or any Product agreed to be provided, it is not liable for any injury, loss, damage, accident, delay or irregularity arising to the Customer or any third party.
9.4 Visa Requirements - It is the Customer's responsibility to ensure that it has valid passports, visas and permits which meet the immigration and governmental requirements of the country of travel.
9.5 Medical Conditions - The Customer must notify A&K of any pre-existing medical conditions that might reasonably be expected to affect the Travel Arrangements.
9.6 Health Issues - It is the Customer's responsibility to obtain any vaccinations or health precautions applicable to the country of travel.
9.7 Loss - A&K is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Customer, whether caused by act, omission, negligence or otherwise, while undertaking a Travel Arrangement, using the Services or arising from any booking.
9.8 A&K strongly recommend that the Customer insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense.
9.9 The Customer acknowledges and accepts that different places, countries, facilities and tour operators may have lower standards of safety, labeling, warnings and precautions. The Customer is responsible for maintaining personal diligence and safety notwithstanding the level of standards. A&K is not liable for any loss, damage, injury or death that could be avoided if the Australian standards were to apply.
9.10 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified.
10 Notice10.1 A notice by the Customer must be in writing, and may be delivered by hand, sent by prepaid mail, sent by facsimile or sent by electronic means such as e-mail to the address or number specified.
10.2 A notice is treated as given to A&K, when:
(a) if hand delivered, when delivered;
(b) if sent by prepaid mail, when received or within 48 hours after posting, whichever is the sooner,
(c) if sent by facsimile, when facsimile machine confirms transmission; or
(d) if by e-mail, when the e-mail is sent.
11 Governing Law11.1 These Terms are governed by and are to be construed in accordance with the laws of the State of Victoria and Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts and Tribunal of Victoria and Courts entitled to hear appeals from those Courts and Tribunals.
12 General Privacy Information
12.1 A&K obtains personal information from the Customer or its representative, such as its travel agent, as is necessary for A&K's business purposes or providing the Customer with A&K's Travel Arrangements, Products and Services, and may be used in answering any queries the Customer may have; considering the Customer's application for credit or to become a Customer; performing internal administration and operations; developing, improving and marketing A&K's products and services; and any directly related purposes.
12.2 For these purposes, A&K may provide Customer information to:
a) its trusted Suppliers in the destinations the Customer is travelling through or to, such as (but not limited to) airlines, hotel partners and ground tour operators;
b) its related entities in the destinations the Customer is travelling through or to and to its parent company in the UK. These parties will be subject to their own privacy laws and internal policies.
12.3 If the Customer does not provide this information, A&K may not be able to deal with the Customer, or provide the Customer or its company with Travel Arrangements, Products and Services.
12.4 A&K will not disclose any personal information other than to Suppliers, related entities or advisers of A&K, or with the consent of the Customer or where A&K is otherwise required by law to do so.
a) how the Customer can access its personal information held by A&K;
b) how the Customer can seek the correction of its personal information held by A&K; and
c) the complaint process available should the Customer believe that A&K is in breach of Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), the Australian Privacy Principles ("APPs").
13. Consent for cross-border disclosures
13.1 By making a booking, the Customer acknowledges and consents that A&K will not, as would otherwise be required, be obliged to take steps to ensure that an overseas recipient of Customer Information complies with the APPs.
14.1 A&K's failure to enforce any of these Conditions shall not be construed as a waiver of any of the A&K's rights.
14.2 If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions.
Note: Specific programmes may have different Terms & Conditions which will be advised at the time of booking.
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