TAILOR-MADE JOURNEYS PTY LTD TRADING AS SOUTH AMERICA TRAVEL CENTRE CONDITION AS AT 15 JANUARY 2020.
Tailor-Made Journeys Pty Ltd ACN 069 240 606 trading as South America Travel Centre ABN 96 069 240 606 is an ATAS accredited Travel Agent. In these Booking Conditions (“Conditions”), references to “We”, “Us” and “Our” are references to Tailor-Made Journeys Pty Ltd ACN 069 240 606 trading as South America Travel Centre. References to “You” and “Your” are references to a person who books a service with Us.
For cruises in the Galapagos, Amazon & Patagonian Fjords South America Travel Centre acts on behalf of cruise lines and carriers, (collectively referred to as “Suppliers”) and is governed by the individual terms and conditions of the Suppliers. We do not organise, own or control the goods and services sold by the Suppliers. We act purely as an agent reseller of the goods and services.
In respect of the goods and services sold and/or provided by the Suppliers, We rely on all information provided by the Suppliers which relates to the goods and services. We do not represent any one individual Supplier.
Please read the following booking conditions carefully and make sure you understand them before booking your holiday as reservations are undertaken by Us on the basis that you have accepted and agree to be bound by these conditions.
1. Basis of Contract
Payment of a deposit indicates the Your acceptance of these Booking Terms & Conditions.
1.2 Varied Terms
Different goods or services may have specific terms and conditions of the relevant supplier, deposit requirements and cancellation charges applicable to each product. These will be communicated to You by Us during the quoting and booking process.
2. Booking Your Latin America Holiday
We can provide a written quote in relation to a price for your Travel Arrangements. The quote is *valid for a period of 7 days.
*Please note some prices may be subject to confirmation when booking a long time advance.
2.2 Deposits and required information
A non-refundable deposit of 20% of the total of the land arrangements (including but not limited to hotels, transfers, sightseeing trips, excursions etc) or $1,000 per person (whichever is the higher amount) is required to confirm your booking with Us. Flight arrangements will require additional deposits or payment in full. If you are booking an Antarctic cruise, please note that separate booking conditions will apply (including those of the supplier of the cruise) and that there will be additional/specific deposits (usually 20% of the voyage cost) just for the cruise. There may also be additional deposits depending on the policies of the supplier of goods or services being booked. Any additional deposits will be advised at time of booking.
We will require your full names as per your valid passport to secure any booking with Us.
2.3 Late Bookings
Booking requests within 75 days prior (125 days for Antarctica cruises) to your departure must be accompanied by full payment and may be subject to additional fees.
2.4 Itemised Pricing Not Available
Travel Arrangement prices are quoted for the entire package of services and itemised component costs cannot be given.
3. Tour costs
3.1 Costs are based on ‘ground costs’, airfares and exchange rates at the time of booking. While we make every effort not to increase prices, increases in hotel rates, airfares, entrance fees, fuel costs or increases in ground operator or government fees may occur and we reserve the right to amend our prices prior to having received full payment for your booking. Acceptance of this arrangement is an express condition of making a booking. If the ‘ground cost’ does increase your Australian dollar price will be calculated using the exchange rate used at time of booking, i.e. there is still no currency surcharge.
3.2. No Currency Surcharge Guarantee*
Once you have paid your deposit we Guarantee not to apply a currency surcharge.
*This does not apply to quotes/bookings made in US dollars, e.g. Antarctic or Galapagos voyages or other product sold/quoted in US dollars.
4. Not included in your tour costs
Airfares unless otherwise stated, visa and passport costs, travel insurance, excess baggage, airport departure and ticket taxes, laundry, postage, telephone calls and items of a personal nature, vaccination and medical expenses, meals
not mentioned in the itinerary, beverages, and gratuities are not included.
It is a condition of booking with Us and also a condition of booking with any supplier of services we book for you that you take out comprehensive travel insurance to cover the full cost of any goods and/or services you will be provided (including cancellation coverage and medical evacuation coverage) for the full duration of your holiday. We suggest that you take out insurance at the time of booking with Us and paying any deposit(s) but in any event no later than the date the final balance of funds is paid to Us. We recommend that the policy should include, but not be limited to, the following features: loss of deposit through cancellation; injury; death; theft; loss of luggage and personal items; curtailment of tours en route; medical expenses; cancellation of advance purchase airfares; additional expenses to cover hotel accommodation and repatriation costs to Australia should your tour need to be extended or curtailed due to illness while overseas, or due to a need to return because of an unexpected death or illness of a close relative.
6. Changes and Transfers
Should you wish to change your booking after confirmation has been advised, a fee of $75.00 per booking will be levied on each change made. Any changes requested by you after final documentation has been issued will incur a fee of $150.00 per booking plus any other fees levied by hotels, ground/cruise operators and/or airlines or any supplier of services booked by Us on your behalf. We will do our best to process and obtain confirmation for your changes but it is important to realise that changes, especially close to departure date, can take some time to confirm and some may not be possible. If you wish to transfer to another tour operating within
12 months of your original departure date, the following charges apply:
Transfers made more than 70* days prior to departure – $220.00 per person plus any applicable airfare charges or other supplier charges which may apply.
Transfers made from 70 days up to original day of departure – charged as per cancellation fees (Condition 8).
*Many cruises and some lodges, in particular in the Amazon, Patagonia, Atacama and Antarctica, require transfers to be made up to 120 days prior to departure. You will be advised at time of booking of the individual terms and conditions which apply to the goods and services booked by Us on your behalf.
7. Itinerary variations
It is possible that circumstances beyond our control may necessitate a route or itinerary change and, in the event of such an occurrence, we reserve the right to cancel or re-schedule tour departures and itineraries at any time before and after departure. Where it is necessary to change a hotel, we reserve the right to substitute accommodation of a similar standard. No refund will be available in the event of an itinerary or hotel change provided the substituted hotel is of equivalent or better standard.
Cancellation by you
If you need to cancel your tour, you must notify us in writing. Upon receipt of your notification, cancellation will take effect.
If cancellation occurs 70 days* or more prior to the scheduled departure you will forfeit your deposit and be liable for any penalties levied by hotels, ground/cruise operators and/or airlines or any other supplier of services booked by Us on your behalf.
If cancellation occurs 69 days or less prior to the scheduled departure no refund will be made in any circumstances.
Notwithstanding that the above, We will, if possible, and at Our sole discretion, consider refunds as circumstances reasonably permit.
*Many cruises and several lodges, in particular in the Amazon, Galapagos and Antarctica, require cancellations to be notified 90 to 180 days (dependent upon operator) prior to departure. You will be advised at time of booking of the individual and relevant supplier terms and conditions.
Cancellation by Ship Operator/Cruise Company
On the rare occasion that a ship operator/cruise company (Galapagos/Amazon/Patagonian Fjords) cancels a voyage We will inform you as soon as we receive official notification from the ship operator/cruise company. We will pass on any offers by the ship operator/cruise company of: alternative voyages, assistance with re-booking services, or refunds available.
Please note that in the event of cancellation of a cruise by the ship operator/cruise company We are not responsible for the cost of re-booking any additional travel arrangements, other items, including those not purchased through Us. We will do all we can to obtain refunds for unused services we have booked in conjunction with the cruise but We make no guarantee to obtain such refund in respect of unused services.
Neither party will be liable for any delay or failure to perform its obligations under these conditions to the extent that such delay or failure is due to any cause beyond the reasonable control of the party (this does not apply in respect of your payment obligations).
As soon as a party becomes aware that the performance of its obligations may be affected by a cause beyond its reasonable control, that party must give the other party written notice of the circumstances, the anticipated delay and any conduct that the party can take to mitigate the affect of the circumstances.
If a delay or failure of a party to perform its obligations is due to a cause beyond the reasonable control of the party: (a) the performance of that party’s obligations is suspended; and (b) if it exceeds thirty (30) days from the date the obligation was required to be performed, either party may immediately terminate this agreement and cancel the services booked on providing written notice to the other party.
If We receive notice from a supplier that its obligations to provide goods or services may be affected by a cause beyond its reasonable control, we will notify you in accordance with this clause and refer you the supplier terms which govern force majeure events.
9. Refund/unused services
No refund is available for cancellation after travel has commenced. If you make any alteration to any portion of your holiday while you are away, costs incurred by such alteration will be at your own expense. After the tour has commenced, no refunds are available for any services/ground content provided in the tour price but not utilised by you for any reason.
10. Passport, Visa, Health and immigration
The traveller who will travel on the tour must be in possession of a valid passport which has not less than 6 months validity from the scheduled return date to Australia and must provide to Us a true copy of the passport at the time of booking with Us or true and accurate details as contained on the passport.
It is a traveller’s obligation to apply for and hold any visas, permits, clearances and certificates that are required for the duration of the tour to enable entry into the applicable destination countries and to have any required vaccinations as are normally recommended for the countries through which the traveller intends to travel as determined by the tour itinerary.
The traveller acknowledges and agrees that the failure of a traveller to provide the information or to comply with this clause may mean that the traveller is refused entry on the tour or refused entry on arrival to certain countries. We or the relevant supplier of services are not responsible for and you release and indemnify Us from any claim, loss or liability suffered or incurred in such circumstances.
It is your responsibility to inform Us of any pre-existing medical conditions and/or disability that could reasonably be expected to affect your booking (consideration should be given to any conditions that could be exacerbated by travelling at altitude; Cuzco, Lake Titicaca and La Paz in particular), as well as the enjoyment of others on the trip.
You may be asked to provide an evaluation of your medical condition and/or disability by a certified medical practitioner (it is a condition of booking a trip to Antarctica that all clients complete a Medical Form). Based on this evaluation, We reserve the right, at Our reasonable discretion, to refuse your participation on a trip and/or cancel your booking.
11. Consular Advice
We recommend you contact the Australian Department of Foreign Affairs and Trade (https://dfat.gov.au/pages/default.aspx) for current official travel advice concerning the countries you will visit.
It is your responsibility to provide true and accurate personal information to Us for the purposes of Us booking any tour on your behalf. It is also your responsibility to check all tickets and documentation provided by Us to you which relates to the tour booked immediately upon receipt and to contact us immediately if you believe any details or information is incorrect or bookings have been made incorrectly or necessary documentation has been omitted and this requires correction. If the error made is due to incorrect or inaccurate information you provided to Us, you will be liable for any costs incurred in correcting the error(s). If an error is made by Us which requires correction, it will be corrected at no charge to you. Please note that route maps provided by us are for general information and may not necessarily indicate exact routes. We have done Our utmost to ensure that all tour descriptions, information and documentation issued is accurate in any printed or online media, brochure or publication. This information provided is given in good faith; however, things change and some of the information may become out of date. We shall not be liable for any injury, damage or loss caused by any reliance on the information provided.
13. Supplier Responsibility Clause
Our marketing material and web site are not issued on behalf of and does not commit any supplier whose services are used in the course of our tours, such services being subject to the supplier’s own conditions of contract.
14. Liability and Responsibility
These booking conditions form part of the general conditions. Payment of a deposit is an acknowledgement that you have read, understood and accept the terms and conditions and acknowledge that we act only as an agent for suppliers including but not limited to carriers, hotels, ground operators, coach companies and suppliers of other travel services (suppliers) used on these tours. All bookings are subject at all times to the terms and conditions of the relevant supplier of services booked by Us on your behalf, some of whom limit or exclude liability in respect of death, personal injury, delay, loss of or damage to baggage. All tickets, vouchers and documents are issued subject to the terms and conditions under which the suppliers provide the services. We accept no responsibility for carrier-caused delays, schedule changes, sickness or accidents in connection with the tour. You accept that you may be travelling through areas of political or climatic instability, high altitude and remote areas, and areas without proper medical services, and you accept the associated risks.
Should we deem it desirable for political, climatic or other reasons to amend or vary any itinerary we may do so by shortening, varying or completely re-routing the trip in the interests of all travellers of the tour in which case no objection will be made by the traveller.
You authorise Us and any relevant supplier(s) to take all necessary action in respect of medical treatment and emergency evacuation on the tour and agree that all associated costs are to be paid by you.
These booking conditions are binding on your successors in title.
Limitation of Liability
We purchase transportation, hotel accommodation, and other services from various independent suppliers that are not subject to Our control. We are not liable for the actions or omissions of any supplier in connection with a tour booked by Us on your behalf.
If you suffer loss or injury in connection with the tour, you agree you will seek remedies and claim directly from the supplier.
Except to the extent otherwise stated in these conditions, or as contained in any express warranty provided in relation to the services provided by Us to you, these conditions do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, design or performance of the goods or services or any contractual remedy for their failure.
If you are a consumer (within the meaning of the Australian Consumer Law), nothing in these conditions restricts, limits or modifies any rights or remedies against Us for failure of a statutory guarantee under the Australian Consumer Law.
To the full extent permitted by law, Our aggregate maximum liability (including our directors, officers and employees) to you under these conditions howsoever arising (whether in contract, tort (including negligence) or otherwise) will be limited to and not exceed the amount paid to Us.
To the full extent permitted by law: (a) neither party will be liable to the other party for damages in respect of any loss of opportunity, profit, anticipated profit, business opportunity or revenue or other indirect or consequential losses of any kind; (b) neither party will be entitled to make any claim in respect of the losses referred to in (a) against the other party, arising out of or in connection with any act or omission of the other party or as a result of a breach of these conditions by the other party.
To the full extent permitted by law, where We breach a guarantee under the Australian Consumer Law (if applicable) (other than a guarantee under section 51, 52 or 53 of the Australian Consumer Law) We limit Our liability as follows:
(a) in the case of goods, to one or more of the following: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, the payment of the cost of having the goods repaired;
(b) in the case of services to: supplying the services again, or the payment of the costs of having the services supplied again.
Nothing in these conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
In the unlikely event that you should have a complaint about the services offered by and provided by Us, we urge you to bring this up with Us directly immediately by liaising with one of our representatives so that we can attempt to rectify the issue.
If you have a complaint about the services offered and provided by a supplier, we urge you to bring this up with the supplier directly immediately so that it may seek to remedy the issue identified. If you have a complaint against a supplier, we also ask that you provide full details of the complaint to Us at your earliest convenience for Our records and for the purposes of us being able to assist in any way possible.
If at the end of the trip you feel that your complaint has not been adequately dealt with, please notify us as soon as possible, and no later than 30 days after your return date to Australia.
16. Privacy & Publicity
You agree that We may use images taken of you, without recourse and/or compensation to you whether those images are taken by Our employee or by a supplier employee and provided to Us. Such images will only be used for promotional and publicity purposes in whichever media We find appropriate.
17. Law of Contract
This contract shall by governed by and construed in accordance with the laws of the state of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of such state and to the courts entitled to hear appeals from those courts.
Tailor-Made Journeys Pty Ltd ACN 069 240 606 trading as South America Travel Centre ABN 96 069 240 606, Level 3, 116 Hardware Street, Melbourne Vic 3000 Australia
Telephone 1300 784 794