Booking Terms & Conditions - Australia & New Zealand Journeys

Please read the conditions below carefully as they set out the basis upon which we accept all bookings. We reserve the right to amend our booking conditions from time to time. Please check with your travel consultant for our up to date booking conditions. We also have different terms & conditions for different travel styles.

To download our 2021-22 Australia & New Zealand Tailor-Made Travel T&C's - Click here.

Please click here to view our International Journey Booking Terms & Conditions.

1. Definitions

“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.

2.3 Different Products may have specific terms and conditions, deposit requirements and cancellation charges applicable to the Product. These will be communicated during the quoting and booking process.

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 10% of the total booking cost or $500 per person (whichever is the higher amount). There may be an additional deposit depending on the policies of the Supplier of Products being booked. Any additional deposits will be advised at time of booking.

3.3 Late booking requests within 45 days (for Tailor made) and 60 days for (Small Group Journey) 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 are valid for the period until 31 March 2021. All prices are per person twin 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. Payment 

5.1 Final Payment – unless otherwise agreed in writing the final payment must be received by A&K no later than 45 days (for Tailor-Made) and 60 days (for Small Group Journeys) prior to the Departure Date.

5.2 Where bookings are made less than 45 days (for Tailor-Made) and 60 days (for Small Group Journeys) before the Departure Date, full payment must be made at the time of booking.

5.3 If you pay A&K by credit card a surcharge will be added to the total price. The current surcharge for all credit cards is 1.5% of the total price.

6. Amendments

6.1 A&K reserves the right to modify program itineraries, including arranged sightseeing, and substitute accommodations, including vessels and trains, at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

6.2 A&K will endeavour to assist if the Customer requests an amendment to the Travel Arrangement booking up to 45 days (for Tailor-Made) and 60 days (for Small Group Journey) 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 45 days (for Tailor-Made) and 60 days (for Small Group Journey) 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 Cancellation Charges:

a) Tailor-Made 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 Travel Arrangements Price Payable
From booking to
46 days prior                            10% cancellation fee or $500 per person (whichever is the higher)
45 – 31 days prior                     50% cancellation fee
30 – 15 days prior                     75% cancellation fee
14 - 0 days prior                       100% cancellation fee    

b) Small Group 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 Travel Arrangements Price Payable
61 days or more                       10% cancellation fee or $500 per person (whichever is the higher)
60 – 46 days prior                     50% cancellation fee
45 - 0 days prior                       100% cancellation fee    

7.3 Additional Charges - the Customer may incur further cancellation charges from some Suppliers and local agents.

COVID-19 ACKNOWLEDGEMENT

Prior to making a booking, the Customer must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by A&K staff during their journey. If the Customer is booking on behalf of a group of individuals, all members of the travelling party above 18 years of age must sign an acknowledgement. For individuals under 18 years of age, a Parent or Guardian must sign on their behalf. The Customer must not travel if they test positive for COVID-19 during the 14 days prior to departure; standard cancellation terms will apply. The Customer must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and in accordance with local regulations. Noncompliance with these measures will result in not being able to continue on the journey. The Customer voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing, quarantine or become infected with COVID-19.

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 least 45 days prior to the Departure Date (90 days for True North bookings, 60 days for luxury lodge’s as specified by your travel consultant).

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 45 days of the Departure Date (90 days for True North bookings) 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. 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, labelling, 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. Notice

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 the sooner,

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.

12.2 A&K’s Privacy Policy details why A&K collects this personal information, who A&K may disclose it to (including whether A&K is likely to disclose it to overseas recipients), and the main consequences (if any) if A&K does not collect the personal information of the Customer. A&K’s Privacy Policy also contains information about how the Customer may seek access to, or correction of, the personal information held about the Customer, and A&K’s complaint resolution procedures.

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.

12.4 A&K’s Privacy Policy is available at www.abercrombiekent.com.au/legal or by request to A&K by phoning +61 3 9536 1800 or via email at [email protected]

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. Miscellaneous

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.

14.3 A&K reserves the right to correct any errors or omission in its published materials and to amend these Terms and Conditions at any time as a result of any material change to legislation or regulations or change to A&K policies. Amended Terms and Conditions shall automatically be effective upon being posted by A&K to the website www.abercrombiekent.com.au or by providing Notice to the Customer.

Note: Specific programmes may have different Terms & Conditions which will be advised at the time of booking.

15. Qantas Points

15.1 Qantas Frequent Flyer members can earn 1 Qantas Point per AU$1 spent on private and small group journey created by Abercrombie & Kent Australia Pty Ltd with a land itinerary of seven nights or more. Excludes flights. Not valid for existing bookings or quotes. See details at http://www.abercrombiekent.com.au/qantas-frequent-flyer

15.2 You must be a Qantas Frequent Flyer member to earn Qantas Points. A joining fee may apply. Membership and Qantas Points are subject to the Qantas Frequent Flyer Terms and Conditions, available at: www.qantas.com/terms