Booking Terms and Conditions
"A&K" means Abercrombie & Kent (Australia) Pty Ltd ACN 005 422 999.
"ACL" means the Australian Consumer Law Schedule to the Competition and Consumer Act.
"Conditions" means these Terms and Conditions.
"Contract" means any agreement for the provision of Travel Arrangements or Services by A&K to the Customer;
"Customer" means a person, jointly or severally if more than one, acquiring Travel Arrangements and Services from A&K.
"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, and includes any similar value-added or consumption tax.
"Material Alteration" means a material change to the Travel Arrangements as determined at A&K's sole discretion.
"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.
"Suppliers" means the third parties that are 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.
"Travel Arrangements" means the travel arrangements made by A&K including all Products.
2. Basis of Contract
2.1 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 deposit of 25% of the total booking cost (or other amount as advised) is required to secure a booking.
3.3 Late booking requests within 30 days must be accompanied by full payment and may be subject to an urgent processing fee.
3.4 A minimum stay of 3 nights is required for all bookings.
4. Price Policy
4.1 Prices contained in the A&K Africa, Egypt and Arabia brochure are valid for the period 1 August 2013 - 31 December 2014. 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 - prices 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 and 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 Prices quoted include GST. Prices for the supply of the Travel Arrangements and the Services exclude any other taxes, duties or imposts imposed on or in relation to the Travel Arrangements and the Services in Australia or overseas. The Customer is liable to pay any amount of GST imposed on any Product.
5.1 Final Payment - unless otherwise agreed in writing the 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.
6.1 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 - fees apply 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 Customer
7.1 The Customer must give A&K notice if it intends to cancel any Travel Arrangements.
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:
7.3 Additional Charges - the Customer may incur further cancellation charges from some Suppliers and local agents.
8. Cancellations and Material Alteration by A&K
8.1 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 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; orb) 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 Liability
9.1 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, unless recoverable from A&K on the failure of a statutory guarantee under the ACL. 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 the Conditions specifically state, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, specification or performance of the Travel Arrangements or Services or any contractual remedy for their failure.
9.3 Nothing in these Terms restricts, limits or modifies the Customer's rights or remedies as a consumer against A&K for failure of a statutory guarantee under the ACL.
9.4 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, other than if the Customer is a consumer, then to the extent the loss was reasonably foreseeable.
9.5 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.
9.6 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.
9.7 Medical Conditions - the Customer must notify A&K of any pre-existing medical conditions that might reasonably be expected to affect the Travel Arrangements.
9.8 Health Issues - it is the Customer's responsibility to obtain any vaccinations or health precautions applicable to the country of travel.
9.9 A&K strongly recommends 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.
9.10 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.
10.1 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
c) if sent by email or facsimile, on confirmation of successful transmission.
11. Governing Law
11.1 These Conditions 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. Privacy Information
12.1 Any personal information that A&K obtains from the Customer, or about the Customer from its representative, 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 related purposes.
12.3 A&K will not disclose any personal information to any other party without the consent of the Customer except to the Suppliers, a related entity or adviser of A&K or where A&K is otherwise required by law to do so.
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.
Gourmet Traveller, Best Tour Operator 2011
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