Terms & Conditions

 

TERMS AND CONDITIONS

 

In these Booking Terms and Conditions, “we”, “us” or “our” refers to Travel Tribe Tours Pty. Ltd. (ABN 18 636 217 171), its successors and assignees, and “you” or “your” mean the person, organisation or entity that uses our website or books or participates in a Tour with us, each a “Party” and collectively “the Parties”.

 

These Terms and Conditions form part of the agreement under which you will use our website, and of your agreement to book our Tours. Please read these Terms and Conditions carefully. Your use of our website or booking or participation in a Tour, indicates that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. If you have any questions, please contact us before using our website or booking or participating in a Tour, by using the contact details below.

 

BOOKING TOURS

 

You may book a Tour from us, using the booking process on our website. We may, at our discretion, accept or reject any booking of a Tour, for any reason.

 

If we accept your booking, a Confirmation Email will be sent to you, attaching details of the Tour, our invoice and a copy of these Terms and Conditions (Confirmation Email). It is your responsibility to check the booking details (including, in particular, the details of your Tour) provided in the Confirmation Email before paying our invoice.

Your booking will be conditional upon your payment of part, or all of, our invoice. Once your booking is complete, you may not cancel your booking other than in accordance with these Terms (and our cancellation policy).

 

PAYMENT

 

The Fees are determined by the Tour that you select to book and as itemised in the Confirmation Email. Fees are to be paid to us using the payment method prescribed on our Site and in accordance with the payment terms in our invoice. You must pay the Fees in full prior to the commencement of your Tour. We may cancel your participation in the Tour if the Fee is not paid to us in full in accordance with these Terms. Our Fees may change from time to time, at our discretion. It is your responsibility to check our current Fees before you submit your booking through our Site. For the avoidance of doubt, once your booking is complete, the Fees for your Tour will not change.

 

CONDITIONS OF SUPPLIERS

 

Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

 

CANCELLATION POLICY

 

Following your payment of part or all of the Fees, if you cancel your Tour within 30 days of the tour’s departure date, you will not receive a refund of Fees paid.

 

If you cancel on the start date of the Tour or any time thereafter (including by leaving the Tour) or you do not show up for the Tour or if you return home early, we cannot refund the cost of any travel arrangements you have not used. Depending on the circumstances, your travel insurance may offer cover for cancellation and curtailment and we suggest that any claim is made directly with them.

 

ASSISTANCE ON TOUR

 

If, whilst you are on Tour, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

 

MISSED FLIGHTS

 

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned directly and immediately. As we do not offer flights or other transport as part of our package, we have no liability whatsoever to you in respect of any such delays or cancellations. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.

 

TRANSFER OF A TOUR

 

You may not transfer your Tour to another person. If you are unable to participate in a Tour, the cancellation policy will apply. We may allow you to transfer a Tour, or any amounts of the Fees paid by you, to another party, however we will have no obligation to do so, and this allowance will be made in our absolute discretion.

 

DATE CHANGES

We understand that your travel plans may change. You must notify of us of any desired start date change prior to the start date of your Tour. Your request for a start date change will be subject to the availability of your desired date for the Tour (New Date).

 

If the New Date is available, and you wish to change the start date of your Tour, then this is possible if exchange is conducted 14 days or more out from the start date of the original Tour you have booked. Change of start date is free of charge, however, Tour start dates cannot be changed within 14 days of the start date of the original Tour date you have booked.

 

CHANGES IN THE TOUR ITINERARY

 

The Tour itinerary may be subject to change due to unexpected circumstances or events. If we are unable to offer a particular inclusion in the Tour itinerary due to events or circumstances beyond our reasonable control, we will use our best endeavours to replace it with an inclusion of equal or greater value.

 

RESCHEDULING OR CANCELLATION

 

We will notify you as soon as possible if we need to cancel or reschedule a Tour, and we will use our best endeavours to reschedule the Tour at an alternate start date that is agreed between the Parties. If we cancel a Tour because of events or circumstances beyond our reasonable control:

 

prior to the start date of the Tour, and we cannot find an alternate start date agreed between the Parties, you will receive a refund of any Fees that have been paid by you; and

after the start of the Tour, you will receive a refund of any Fees that have been paid by you on a pro-rata basis.

 

AGE AND HEALTH

 

You must be at least 18 years old. Participation in our Tours may involve physical effort and exertion. You must not participate in a Tour if participation in the Tour will adversely affect your physical health and/or medical condition. We recommend that you seek medical advice regarding your participation in any Tours. Your participation in a Tour will be at your own risk, and you agree to sign a waiver form prior to your participation in any Tours.

You are responsible for obtaining any vaccinations or medical information relevant to your destination country, as well as travel insurance, which in compulsory when joining our Tour.

 

PASSPORTS, VISAS AND BANKING

 

You must have a valid passport for the duration of any Tour and for 6 months after your date of return. It is your responsibility to have a valid visa throughout the duration of the Tour. We will not be held responsible if you are denied entry to a destination country due to an invalid passport or visa.

 

TRAVEL INSURANCE

You must hold and maintain valid travel insurance for participation in any Tours where the destination country is within Asia. When booking one of our Tours, you agree to have the correct travel insurance by the date of the commencement of the Tour. We highly recommend holding and maintaining travel insurance when participating in any other Tours. Please contact us if you require assistance with purchasing travel insurance.

 

YOUR CONDUCT

When participating on a Tour, you must cooperate with us, and conduct yourself in an appropriate, decent, lawful, non-aggressive, non-bullying and proper manner, and comply with these Terms and any instructions or directions given to you by us or any of our tour guides, at all times.

 

We may terminate these Terms and request you to leave a Tour if in our view your conduct is inappropriate. If we request you to leave a tour, no refund will be made to you.

You acknowledge and agree that we are unable to control the conduct of you or third parties. You acknowledge and agree that, to the maximum extent permitted by law, we will not be responsible or liable for any conduct of you or any third party.

 

ACKNOWLEDGEMENT OF RISK

 

You acknowledge that the nature of the trip is adventurous and participation may involve a degree of personal risk over and above that associated with a conventional trip. You will be visiting places where the political, cultural and geographical attributes may present dangers and physical challenges greater than those present in our normal daily lives. We use all available information in assessing whether the itinerary should operate and group leaders will always be with you during group activities to advise on best practice with regards to safety, however there may still be inherent risks due to the nature of the activity and you need to take all reasonable precautions at all times.

 

You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you assume the personal risks attendant upon such travel. You will also need to sign a Participation Form on starting the tour.

 

Note: No alcoholic drinks are included in the price of the tour and we will not be held liable for any incidents that occur to you under the influence. If you chose to drink alcohol at any time during the tour then you accept all responsibility for your own safety and that of your belongings.

 

YOUR COOPERATION

 

You agree to do all things, and provide us with such information and documentation necessary, and as we reasonably require for us, to be able to process your booking for a Tour and to provide the Tour to you. This includes, but is not limited to, providing us with your full name, date of birth, passport and passport details or details of any medical conditions. The information and documentation that you provide to us, must be complete, accurate and correct.

 

PHOTOGRAPHS AND VIDEOS

 

During your Tour, your tour guide or other group members may take photos or record videos of you participating in the Tour or you may provide us with photos or videos that you have taken. You consent to us publishing such photos and videos and details (including but not limited to your name, location and date) for our marketing purposes including on websites and social media. 

 

YOUR DATA AND SECURITY

 

We collect personal information about you in order to confirm your eligibility for a Tour (including confirming your date of birth), to allow you to make a booking for a Tour on our website, to process your booking for a Tour (including to apply for visas on your behalf), to enable you to access and use the Site or check-in portal, to create an account, to contact and communicate with you or to respond to your enquiries.

 

When collecting and using your personal information, we agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable Laws.

 

We may disclose that information to third party service providers who help us deliver our services and Tours (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners (including third party tour operators)) or as required by law. If you do not provide this information we may not be able to supply our Tour to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

 

We may retain personal information provided by you to communicate with you or to allow you to access your account or to book other Tours with us. If you wish to opt-out of communications (including any marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in any of our communications.

You may request to obtain the details of the personal information that we hold about you or the deletion of the personal information that we hold about you by contacting us using the details below.

 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with these Terms.

 

CONSUMER LAW

 

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If you are a consumer as defined in the ACL, the following notice applies to you: “Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have the problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.”

 

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods or services provided to you as a “consumer” under the ACL is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

 

LIMITATION OF LIABILITY

 

Third Parties: We may provide Tours to you using third parties. We make no representation or warranty about the services provided by third parties, and to the maximum extent permitted by law, we exclude all responsibility and liability for the third party services, or their failure to provide the services.

 

Warranties: You acknowledge and agree that the information and material on our website may be inaccurate, incomplete or unavailable from time to time.  To the maximum extent permitted by law, all information and material are provided to you without warranties, guarantees, representations or conditions of any kind, either express or implied, and we expressly disclaim all warranties, guarantees, representations or conditions of any kind.

 

Exclusions: To the maximum extent permitted by law, we exclude all liability, and will have no liability, for:

 

  • the website or your use of the website;

  • any acts or omissions of you (including your participation in any Tour);

  • any acts or omissions of any third party (including, but not limited to any government agency, hotel, tour operator or airline);

  • any event or circumstance beyond our reasonable control;

  • any information or documentation supplied by you;

  • any property loss or damage (including to your baggage) or personal injury, loss or death; and

  • any Consequential Loss.

 

Limitation: To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to us either, at our sole and unfettered discretion, resupplying the relevant Tour to you or paying to you an amount not exceeding the Fees paid by you to us for the Tour the subject of the claim.

 

Indemnity: You indemnify us from and against all Claims (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.

 

The obligations under this clause (‘LIMITATION OF LIABILITY AND DISCLAIMERS’) will survive termination of these Terms.

 

GENERAL

 

Intellectual Property: As between the Parties, we own all intellectual property rights on the website or in any materials provided to you.

 

Disputes: We will use our reasonable endeavours to assist you in resolving disputes with third parties that may arise from your participation in a Tour. We will handle any disputes or complaints that you may have against us in good faith and in a timely manner. You may not commence court proceedings relating to any dispute or complaint arising from, or in connection with, these Terms without first meeting with us (in good faith) to resolve that dispute or complaint (unless you are seeking urgent interlocutory relief or the dispute or complaint relates to compliance with this clause).

 

GST: If and when applicable, GST is payable under these Terms. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed (including, on the Fee).

 

Compliance with Law: You agree to comply with all applicable Laws.

 

Assignment: We may assign or transfer our rights or obligations under these Terms without your consent.

 

Notices: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent: (a) by us, to your email address or postal address, and (b) by you, using the contact details below.

 

Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Jurisdiction and Applicable Law: These Terms are governed by the laws of NSW and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in NSW. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

 

Entire Agreement: These Terms contain the entire understanding and agreement between the Parties in respect of its subject matter.

 

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to booking a Tour, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any booking that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you made the booking.

 

DEFINITIONS

In these Terms, capitalised words have the meaning given to them within the Terms and, unless the context otherwise requires, as defined below:

 

Claim / Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a Party to these Terms or otherwise;

 

Confirmation Email means as defined within the Terms, being the email received by you from us, confirming your booking, and attaching and forming part of these Terms;

 

Consequential Loss means any Claims (whether direct, indirect, incidental, special, consequential and/or incidental) suffered by you or made against you, arising out of or in connection with these Terms (including, but not limited to, for loss of profits, revenue, production, opportunity, benefit, goodwill, reputation), even if we were expressly advised of the likelihood of such loss or damage;

 

Fee means the fee set by us for the Tour, as set out in the Site and/or the Confirmation Email, and as adjusted in accordance with these Terms;

 

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

 

Laws means any relevant law, legislation, ordinance, regulation, by-law, subordinate legislation, standard and code, and any approval, licence or consent issued by a government department or statutory authority in any relevant jurisdiction, and including any renewal of, or variation to, any of them; 

 

Website means our website (https://www.traveltribetours.com) as supplemented, varied or replaced from time to time;

 

Tour means, as relevant, the tours described on our website, or any Tour we have agreed to provide to you (as further particularised in the Confirmation Email); and

 

Terms mean these Booking Terms and Conditions, together with any Confirmation Email as contemplated by these Terms, as amended in accordance with its terms.

 

Force Majeure

 

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) control.

 

For any questions or notice, please contact us at:

 

Travel Tribe Tours Pty. Ltd.

info@traveltribetours.com

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