These are the generic terms and conditions that apply across all tours, but please note each tour also has additional terms and conditions specific to the actual tour. For this reason, you will find each tour’s specific terms and conditions on the actual tour booking page. Please read all carefully.
Standard Terms and Conditions
- “Travelling Divas” means the business owned by Powis Consulting as Trustee for The Powis Trust ABN 24 049 272 152.
- “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 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.
- 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. Full payment for all tours must be made more than 90 days before the tour departure date otherwise a late payment, or cancellation fee, may apply at the sole discretion of Travelling Divas.
- VARIATIONS AND CANCELLATIONS BY YOU: If you vary or cancel a booking it must be in writing and if it is less than 90 days before the tour departure date then a cancellation fee or the full cost of the tour will apply. A name change is considered a cancellation. You must take out travel insurance to cover this loss.
- VARIATIONS OR CANCELLATIONS BY TRAVELLING DIVAS: If Travelling Divas cancel the tour for unforeseeable circumstances you will receive a full refund less any third party charges. If Travelling Divas need to vary 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 variations 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.
- FLIGHT ARRANGEMENTS: Escorted tours are subject to a minimum number of participants as determined by Travelling Divas. If the minimum number of participants is not reached, the tour will be cancelled with all monies refunded. You must not make any flight arrangements until your booking is confirmed and the booking deposit is paid.
- 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.
- 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).
- 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.
- 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 20 kilograms per person in economy; 30 kilograms per person in business and 40 kilograms in first. We recommend no more than 1 small suitcase (preferably with wheels) plus a large handbag per person. Excess baggage fees for international and any 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.
- 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.
- THIRD PARTY PROVIDERS AND SUBCONTRACTORS: Travelling Divas co-ordinates your arrangements for transport, sightseeing and accommodation, which are provided by third parties and/ or their subcontractors. Whilst all reasonable care is taken to select third party providers, those third parties are separate entities in other jurisdictions and Travelling Divas, its tour escort and associated agents have no control over their acts or omissions and accept no responsibility whether in negligence or contract for any accident, injury, death, sickness, damage, loss, cancellation, delay, failure to deliver or partial or inadequate delivery of services, disappointed expectation, additional expenses or other unforeseen events caused in connection with those providers, their employees, agents, servants or representatives, or subcontractors. When you engage with those third party providers you enter a separate contract with them and should read and agree their terms and conditions to ensure you understand your rights and obligations in those contracts.
- THIRD PARTY CONTRACTS AND LIABILITY: 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.
- FORCE MAJEURE: Travelling Divas do not accept any liability caused directly or indirectly by force majeure or other events beyond its control, including but without limitation to war or threat of war, acts of government, acts of terrorism, fire, strikes, civil disturbances, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of machinery or equipment, theft, or other disturbances of any kind which cancel, interfere with, or add cost to the services requested.
- 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.
- APPLICABLE LAWS: The laws of Queensland govern this Agreement and any legal action arising therefrom shall be litigated in that state.
- 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.
