Please read the following terms and conditions carefully. When you book with us (whether by phone, by email or online) these terms and conditions will be incorporated into our agreement with you and legally binding on you, so it is important that you understand them. They cannot be amended, varied or waived without our prior written agreement. The person making the booking acts on behalf of each other traveler on the booking and so in making your booking you bind all travelers on the booking to these terms and conditions. References to “us”, “we” and/or “our” in these terms and conditions shall mean Xplorevic ABN 65 748 402 134 and references to “you” and/or “your” shall mean the person making the booking and all travelers on that booking.
Please note that we may revise or update these terms and conditions from time to time by publishing a new version on our website. You should ensure that before making any booking with us you have read and understand the most recent version of these terms and conditions. If you have any questions about them, please contact us.
BOOKING YOUR HOLIDAY
A quote will be provided in relation to your specific travel arrangements. Our quote is valid for a period of 5 days. In order to confirm your reservation, a 50% non-refundable deposit of the total booking cost is required. Booking requests within 14 days of arrival in Australia and within 30 days of arrival in New Zealand must be accompanied by full payment.
Payment of the deposit indicates your acceptance of these terms and conditions.
- All prices are quoted in Australian Dollars, include GST and compulsory taxes where applicable and supersede all prices previously advertised.
- Prices vary across date ranges, are subject to availability and can be withdrawn or varied due to factors outside of our control, including currency exchange rate fluctuations, tax changes or any other changes in connection with the travel arrangements.
- The price is only guaranteed once the deposit had been paid by you.
- Travel arrangement prices are quoted for the entire package and itemised component costs will not be given.
- Prices of travel arrangements are based on products being booked for all travellers listed in the booking, and accordingly your group must travel together throughout the travel arrangements, unless variations are explicitly agreed.
- Where there are any changes in the costs incurred by us in providing the services, we may vary our price to account for such change by notifying you in writing, whether or not you have made full payment.
- No refunds will be made in respect of products or services not utilised, for example, accommodation, meals, and sightseeing excursions.
Unless otherwise agreed by us in writing, full and final payment must be received by us in accordance with the following payment schedule.
Payment Schedule for Australian and New Zealand tours
|Australia||Deposit (non-refundable)||50% of total price||Within 5 days of receiving quote|
|Australia||Full payment||50% of total price||No later than 14 days prior to arrival|
|New Zealand||Deposit (non-refundable)||50% of total price||Within 5 days of receiving quote|
|New Zealand||Full payment||50% of total price||No later than 30 days prior to arrival|
When bookings are made less than 30 days prior to arrival in Australia and less than 45 days prior to arrival in New Zealand, full payment must be made at the time of booking.
Payment can be made to us by direct deposit, debit card or credit card and may be subject to a surcharge.
The applicable surcharges are as follows:
- Direct deposit: Direct deposit or bank foreign telegraphic transfer fees apply and will depend on the discretion of the remitting bank.
- Visa / MasterCard: 1.5% of the total price.
If payment is not received from the card issuer or its agents for any reason, you agree to pay the total amount due immediately on demand. Your booking is not secure until we receive payment in accordance with the payment schedule above. If payment is not received in accordance with those terms, we may treat your booking as having been cancelled.
AMENDMENTS, CANCELLATIONS AND MATERIAL ALTERATION BY US
We reserve the right to modify program itineraries, including arranged sightseeing, substitute accommodation and transportation arrangements, at any time due to unforeseen circumstances or circumstances beyond our control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
We may treat a booking as cancelled and levy cancellation charges if you do not pay the balance of your payment to us by the stipulated date (being 14 days prior to travel for Australian tours and 30 days for New Zealand tours).
Where circumstances outside of our control affect the provision of travel arrangements (including, but not limited to flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes or lockouts, port or airport closure, technical problems with transport, alteration of cancellation of scheduled travel services) we may, at our sole and absolute discretion, cancel scheduled travel arrangements at any time and:
- offer you alternative travel arrangements or products of a comparable standard as may be appropriate in the circumstances, or
- if alternative travel arrangements or products are not offered by us, we 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 you.
We may charge a reasonable fee to cover the administration costs associated with, and on-charge any additional cost to us of, providing alternative travel arrangements or products.
AMENDMENTS AND CANCELLATIONS BY YOU
Fees may be incurred if you make changes to or cancel a confirmed booking. In some cases it may not be possible to change or cancel reservations or it may be uneconomical for you to do so. You should always check the cost before requesting any changes to your booking.
We will do our best to assist you if you request an amendment to your travel arrangements up to 45 days prior to travel, subject to the following:
- Amendment charge – additional fees may apply to any customer requesting a change to a confirmed booking.
- Additional charges – all other expenses incurred by us may also be payable by you at our discretion.
- Any charges arising from a request for an amendment are payable by the customer whether or not we are successful in confirming the requested amendment.
- Late amendments – amendments made by the customer within 30 days of arrival for Australian tours and 45 days for New Zealand tours are treated as cancellation and re-bookings. Cancellation charges apply as detailed below.
You may cancel your booking at any time provided that the cancellation is communicated to us in writing. However cancellation charges will be applied in accordance with the Cancellation Charges Schedule below, calculated from the date when your written notice is received. The more notice that we receive, the less the charges will be. However, in addition to the charges shown below, travel on Spirit of Tasmania and many air tickets have no refund value whatsoever and, therefore, 100% cancellation charges may apply to those items even if ample notice is given.
PASSPORTS AND VISAS
All travellers must have a valid passport for international travel. Many countries require your passport to have at least 6 months validity from the date of return and some countries require a machine-readable passport. It is important that you ensure that you have a passport, visa and re-entry permit meeting the requirements of immigration and other government authorities of any country that you travel to.
You are responsible for compliance with all immigration, quarantine, customs, health and other requirements of the country or countries to be visited. Any fines, penalties, payments or expenditures incurred as a result of not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel documents required for your trip, please let your travel consultant know or check our FAQs page.
Travel insurance is highly recommended for all overseas travel. We strongly advise you to obtain a travel insurance policy that protects you against cancellation, medical and repatriation expenses, personal injury and accident, death and loss or damage to your personal belongings.
AGE AND FITNESS
You must be at least 18 years old at the time of making your booking. You represent and warrant to us that you are at least 18 years of age when booking and making payments to us.
All travellers must satisfy themselves prior to travel that they are fit and able to complete the program as agreed on the itinerary. Clients with disabilities are welcome on our tours, provided they are accompanied by an able-bodied companion, and do not require special assistance from our personnel. You must advise us at the time of booking if you, or any of the members in your group are affected by any conditions, medical or otherwise, that may affect your enjoyment of the tour. You agree and acknowledge that we will not be liable for any loss or damage incurred by any traveler as a result of pre-existing medical conditions or health issues that may preclude, delay, affect or interfere with your travel arrangements.
Please note that no unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by us. However children may travel provided that they are accompanied by a parent or a guardian who accepts full responsibility for them and subject, in all cases, to our sole and ultimate discretion.
THIRD PARTY SUPPLIERS
Third party excursions such as Scenic Flights, Boat Cruises, Helicopter Flights, Cable Car Rides, some 4WD Tours, White Water Rafting, Camel Rides, Horse Rides, Hot Air Ballooning, and Rail are not operated by us, nor by any persons or companies related to or associated with us. These activities may involve inherent risk of injury, death, accident, delay and loss, and travellers assume their own risk with regard to any misadventure, death, injury, delay or loss which occurs during, or as a result of, any such activity. Xplorevic accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any customer as a result of negligence by any third party supplier.
PHOTOGRAPHY DURING TRAVEL
We may take photographic images and/or video during holidays / programs / activities and we reserve the right to use those images for promotional purposes during the program and thereafter. By booking a service with us, guests agree to allow their images to be used in such promotion. Guests who prefer that their image is not used in this way are asked to inform the travel director anytime during the tour.
To the extent permitted by law, all warranties in respect of the services provided and all liability for direct, indirect, consequential or incidental loss or damage are excluded and neither we nor any of our related bodies corporate, associates, directors, employees or agents accept any liability in contract, tort or otherwise for injury, damage, loss (including consequential loss), delay, additional expense, inconvenience or distress caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This limitation of liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
These terms and conditions are governed by and subject to the laws of the State of Victoria and the jurisdiction of its courts. If any provision of these terms and conditions is held invalid or unenforceable by any court, that provision will be deemed to be re-written to give effect to the same purpose and the validity and enforceability of any other provisions will not be affected.