Standard Terms and Conditions:
“Travelling Divas” means the business owned by Powis Consulting as Trustee for The Powis Trust ABN 24 049 272 152. Address: 207 Boronia Drive, Poona 4650 Queensland Australia
“you/ traveller” means you or a person who completes a Booking Form and sends it to Travelling Divas.
ENTIRE AGREEMENT: These Standard Terms and Conditions form part of the agreement between Travelling Divas and You. Also part of that agreement is the: Overview, Tour Details, Itinerary, Booking Form, Tour/Travel Service Booking Conditions and Travel Participation Waiver (together the “Agreement”). Together these documents form the entire Agreement and no other representation, term, warranty or condition can be expressed or implied.
We act as agent for the principal suppliers of some of the travel arrangements we sell. Where we act as agent, your contract for the delivery of travel arrangements will be with the principal supplier, and will be subject to their booking conditions. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal supplier. Our responsibility to you where we sell travel arrangements as agent for the supplier is specified in the ‘Responsibility’ section below.
ACCEPTANCE: You accept the Agreement when you complete a Booking Form and send it to Travelling Divas. Each traveller is required to complete a separate Booking Form and send it to Travelling Divas.
INCONSISTENCY: If there is any inconsistency between the documents, which form the Agreement, the Tour Booking Conditions then the Standard Terms and Conditions prevail. You accept there may be variations to the Overview, Tour Details and Itinerary from time to time at the sole discretion of Travelling Divas without notice to you. Any variations made by you to the Agreement must be agreed with Travelling Divas in writing.
DEPOSIT AND PAYMENT: After you send the Booking Form to Travelling Divas you will be sent an invoice for your booking and you must pay the booking deposit within seven days unless provided otherwise in the Tour Booking Conditions. Your booking is not confirmed until the booking deposit is paid. The booking deposit is non-refundable, unless Travelling Divas cancel the tour for reasons outside of Travelling Divas’ control. Full payment for all tours must be made more than 90 days before the tour departure date otherwise, at the discretion of Travelling Divas, a late payment, may apply, or Travelling Divas may treat your booking as cancelled in which case no refund of the deposit will be paid.
AMENDMENTS BY YOU: Amendment requests must be made in writing. We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $50 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
CANCELLATION BY YOU: If you wish to cancel your trip, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:
- Over 90 days before commencement: Deposit only
- 90 days to 60 days before commencement: 50% of the booking value
- Within 59 days or no show 100% of the booking value
You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
A name change is considered a cancellation and although we maybe able to substitute a different person into your booking, if cancellation fees are applied by the suppliers this will be passed to the newly booked guest via their invoice
You must take out comprehensive travel insurance at the time you pay your deposit. This is because cancellation fees become payable from that time.
VARIATIONS BY TRAVELLING DIVAS: If Travelling Divas need to vary or postpone the tour or part of it, prior to or during the tour, for reasons beyond their control, you agree that they bear no responsibility for this and unconditionally authorise them to vary the tour.
If Travelling Divas become aware of variations prior to the commencement of your tour which mean that the tour is materially different from the original tour itinerary then you have the right to:
- accept the variations, subject to agreeing that no claim shall be made for compensation, refund or loss because of the variation; or
- withdraw from the tour and receive a refund less any costs already incurred or charges imposed by third parties; or
- accept a substitute tour subject to paying any additional amount if the substitute tour is more expensive.
- accept a credit note for the full amount to be used towards another Travelling Divas tour within a specified period of time, and paying any additional amounts if the substitute tour is more expensive. There is no redemption for cash and no refund for unused portion of the credit
.CANCELLATION BY TRAVELLING DIVAS
Force Majeure – Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock-out, epidemic, pandemic, failure or delays of scheduled transportation, or any law, order, decree, rule or regulation of any government authority (including quarantine requirements or government travel advisories), or for any other reason beyond our reasonable control (Force Majeure), we may elect to:
reschedule your travel arrangements, in which case we will issue you with a credit equal to amounts paid; or
cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
Any credit issued by us may be used towards another Travelling Divas tour within a specified period of time, and paying any additional amounts if the substitute tour is more expensive. There is no redemption for cash and no refund for unused portion of the credit.
Force Majeure – During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
General
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your travel arrangements for reasons beyond Force Majeure (including for a failure to achieve minimum numbers – see below), you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal or better quality if appropriate.
We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
MINIMUM NUMBERS: Some tour are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affect by, or any additional costs incurred, as a result of cancellation. You must not book flights until we confirm that minimum numbers have been achieved.
ILLNESS PREVENTING COMMENCEMENT OR CONTINUATION: If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19):
- an airline or other common carrier refuses you carriage;
- a hotel or vessel refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
CREDIT CARDS: If you pay by credit card then a credit card surcharge will apply. The amount of the surcharge will be advised at the time of booking. Diners cards are not accepted. There is no surcharge for payments made by cash, cheque or direct deposit in Australian Dollars to our nominated Australian bank account. All foreign currency transactions will incur bank fees and these will be passed to you.
PRICES: Tour prices are in Australian dollars unless stated otherwise and are inclusive of GST/taxes where applicable. If you are paying in foreign currency you must also pay bank and/ or currency exchange fees. Once full payment has been received and tickets issued, tour prices are guaranteed subject to price changes outside Travelling Divas control, such as increases in currency exchange rates, airfares, fuel surcharges, taxes and other land arrangement costs. Travelling Divas reserves the right to adjust tour prices according to any such price changes. You must pay any such increase in tour prices before the tour departure date.
PRICE EXCLUSIONS: Tour prices do not include Visas (if applicable), travel insurance and excess baggage fees. Tour prices do not include beverages with meals, or any meals and sightseeing tours, not specified. You must settle any charges made by an accommodation or services provider ordered directly by you such as room service, mini bar, laundry, post, telephone charges, items of a personal nature or tips (accommodation providers require validation of a credit card upon check in).
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- LOCAL TAXES: You acknowledge that certain countries may charge an airport/departure tax or their own city/ country/state tax. Some taxes will not be included in the airline ticket or tour prices and are payable at the airport or accommodation upon departure, or direct at the point of purchase.
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- INSURANCE: You must have full comprehensive travel insurance from the date of booking and provide policy details to Travelling Divas on request and at the latest prior to the tour departure date.
PASSPORT AND VISA RESPONSIBILITIES: You must ensure that your passport is current and you have obtained the necessary Visa/s for the tour. All international passengers require a current passport with at least 6 months validity. If you are not travelling on an Australian passport, you may need a re-entry permit. Travelling Divas is not responsible or liable for any loss or expense due to your failure to have a valid passport or visa, although they may at their discretion assist with information on procedures to obtain a Visa (if applicable). You must provide Travelling Divas with correct personal information for the booking, including your name as it appears on your passport and any Visas, as airlines and local authorities will require this. If you do not provide correct personal information then you must pay any costs imposed to re-issue airline tickets or other documents with correct personal information.
SHARING A ROOM: If you share a room with another traveller then Travelling Divas accepts no responsibility for the suitability of the other traveller. If during the tour you consider the other traveller unsuitable to share with, Travelling Divas will endeavour to arrange single accommodation (if available) for you at your additional cost. If you are aware of any personal issue you may have, such as snoring, which would make you incompatible to share a room with, then you must disclose the issue prior to opting to share a room or any change in rooming arrangements will be at your additional cost. If you have booked and agreed to share a room but no other traveller can be found to share prior to the date of departure, you must pay the applicable single supplement for the tour.
REFUNDS FOR UNUSED PORTIONS OR LOST TICKETS: No refund will be given for any pre-booked accommodation, coach tours or other pre-booked services or other travel which is not used. If you do not conform to the itinerary you will not be entitled to refunds for any parts of the tour missed and no variations are allowed. No allowances or refunds will be made for lost or unused tickets or accommodation coupons.
ACCOMMODATION: Whilst every effort is made to ensure accommodation and rooming arrangements are the best available for each traveller, these arrangements are provided by third party accommodation providers and cannot be guaranteed. Requests for smoking /non smoking rooms will be passed onto accommodation providers, but cannot be guaranteed. In heritage accommodation, room size and layout can vary from room to room. You are responsible for any costs incurred as a result of changing your room at your discretion, damage or excess cleaning fees.
BAGGAGE: Porterage for 1 suitcase per person on tour is included in the tour price. Baggage allowance is a maximum of 23 kilograms per person in economy; 30 kilograms per person in business and 40 kilograms in first. We recommend no more than 1 medium suitcase (preferably with wheels) plus carryon per person and a small suitcase for Australia/NZ domestic trips. Safari flights have specific requirements and will be advised during the booking process. Excess baggage fees for charter, international and domestic flights will be your responsibility.
TRAVEL PARTICIPATION, FITNESS AND SPECIAL REQUIREMENTS: You must disclose in writing your level of fitness and any special needs you have and read and agree to the Travel Participation Waiver. You must agree to the Waiver at the time of booking. You do not need to disclose any special needs, which will not impact on the Tour, however if you do not disclose these needs promptly then they will not be accommodated for and your ability to participate fully in the Tour may be affected. You acknowledge that some tours or tour activities require a good level of fitness and/ or will not be suitable for persons with disabilities and in order to protect the health, safety or property of other participants, including you, Travelling Divas may at its discretion decline your request to join the tour or disallow you to do or continue to do tour activities. If requested at any time by Travelling Divas you must provide a doctor’s clearance to continue to participate in a tour.
DIETARY REQUIREMENTS: Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
REMOVAL OF TRAVELLER: Travelling Divas reserves the right to remove you at its sole discretion from the tour if your health, safety or conduct is deemed a risk or incompatible with the interests of the other travellers and the tour. If you bring prohibited substances and materials on tour you will be asked to leave the tour immediately. In such event, Travelling Divas and the tour escort are not liable for any direct or indirect costs, losses or expenses incurred by you.
IMAGES AND MARKETING: Travelling Divas and other travellers may take photographs and films of you while on tour. You consent to any such images being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to Travelling Divas, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
TRAVEL AWARENESS: You agree to review information issued by the Australian Department of Foreign Affairs and Trade by calling 1300 555 135 or by visiting their website at smarttraveller.gov.au about the destinations you will travel to. Other countries citizens please refer to your government travel advices.
RESPONSIBILITY:
Where we sell travel arrangements as agent:
We will tell you if we are selling travel arrangements as agent. Where we sell travel arrangements as agent, you agree that our responsibility to you is limited to arranging for you to contract with the principal supplier of the travel arrangements. You agree that you will be subject to the principal supplier’s booking conditions, and that any claim in connection with the supply (or failure to supply) those travel arrangements must be made directly against the principal supplier. We will in no way be responsible for the actions or failures of the principal supplier or any person engaged by them.
Services supplied by independent suppliers:
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.
Services we directly supply:
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
General liability limitation:
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
THIRD PARTY CONDITIONS: All coupons, vouchers, receipts and tickets issued by the airlines, hoteliers and transportation companies and other service providers are issued subject to the terms and conditions of liability contained in those documents, which may limit or exclude liability for death, personal injury, delay, and loss of or damage to baggage and are subject to the laws of the country where the services are provided.
PROMOTIONAL MATERIAL: You accept that Travelling Diva’s endeavours to provide you with clear, accurate and timely information about destinations and tours but as third parties provide that information, no guarantee as to accuracy can be given. Anything described may be subject to change at any time. Maps and photographs are included for general information only and may be digitally enhanced and/ or not reflect actual locations, services, quality, routes or distances. Travelling Diva’s reserves the right to change information displayed in its promotional material and Agreement at any time without notice to you unless prohibited by law.
FREE TIME: While on tour you may have the opportunity to join the tour escort for activities in free time outside the tour which may involve catching taxis or using public transport to shopping/dinner locations or other destinations. The tour escort and Travelling Divas will not be liable for any accident, injury, death, property damage or loss in relation to such activities.
PRIVACY: Travelling Divas collect your personal information to process your booking and to keep you up to date with business offers and product information, which you can opt out of at any time. In certain circumstances Travelling Divas must also provide your information to third parties such as accommodation providers and tour operators, customs and immigration authorities, some of whom are overseas and may not have the same level of protection of personal information as in Australia. You must give us your consent to use and disclose your information for this purpose. Travelling Divas will keep your personal information securely, and if that information is critical and/ or sensitive, it will keep it in confidence.
COMPLAINTS: In the event of a problem with any aspect of your travel arrangements you must tell us or make the tour escort or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
APPLICABLE LAWS: The laws of Queensland govern this Agreement and any legal action arising therefrom shall be litigated in that state.
If any provision of our Agreement with you is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
ASSIGNMENT:Travelling Divas may at its complete discretion assign or novate all or any of the rights and liabilities arising under or by virtue of this Agreement to any third party.
INTERNATIONAL LAWS: Travelling Divas relies on international convention, which may apply to the services provided by us, third parties or agents with respect to any claim of any nature brought by you against Travelling Divas as a result of this Agreement and the services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. The benefit of all these conventions is relied on to limit liability in relation to any claim for death, injury, loss, damage and delay to passengers and luggage.
