Australia & NZ Trip Booking Conditions - UK (Agent)
1. Our Contract
All bookings are made with Intrepid Travel Pty Ltd, (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.
Dates, itineraries and prices are valid from 01 November 2013 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 GB£150 per person per trip (GB£50 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 our 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:
A non-refundable GB£50 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 GB£150 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
(GB£180 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 GB£150 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 Intrepid Travel
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 GB£30 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 GB£65 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 GB£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 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 GB£50 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.
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 group leader as described in the Trip Notes
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. Intrepid Travel 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 Intrepid 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.
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 group leader. The decision of the group leader 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 group leader, or interfere with the wellbeing or mobility of the group, the group leader 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
a. 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. This acceptance of liability is subject to clause c. below.
b. In other circumstances, we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause c. below.
c. 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.
• due to an event which the company, even with all due care, could not foresee or forestall.
d. Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to three times the price paid. 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 company 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.
e. 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.
f. Our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor that is in any way responsible for the unsatisfactory arrangements or your death or personal injury.
g. Flight Notice, Flight Information and EU Blacklist.
This is a notice required by European Community Regulation (EC) No.889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage: This information notice summarises the liability rules applied by community air carriers as required by community legislation and the Montréal Convention. Compensation in the case of death or injury: there are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000/€120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: if a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000/€19,300).
Passenger delays: in case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately £3,300/€5,000).
Baggage delays: in case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately £800/€1,200).
Destruction, loss or damage to baggage: the air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: a passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: if the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days and, in the case of delay, within 21 days in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers: if the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The community list is available for inspection at www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our website. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
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 group leader 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 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.
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.
27. Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any ATOL protected air package or flight that you buy from us by way of our Air Travel Organiser’s Licence number 6352 administered by the Civil Aviation Authority (CAA). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
We will provide you with financial protection for any package holidays you buy from us that does not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
We are a Member of ABTA, membership number Y0766. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
28. Applicable Law
The laws of England 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 England.
29. Registered Address
Intrepid Travel Pty Ltd
Level 3/380 Lonsdale Street
Melbourne, VIC, 3000, Australia
30. Updating of terms and conditions
The company reserves the right to update and/or alter these terms and conditions at any time, 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.intrepidtravel.com and will supersede any previous versions.