TERMS AND CONDITIONS
Eastern Tour Services Pty Ltd
1. INTRODUCTION These are the terms and conditions (Terms and Conditions) under which you book your packaged holiday and/or travel on any of our tours with any Eastern Tour Services Pty Ltd products we sell you. You are bound by these Terms and Conditions, so it is important that you read them carefully.
2. DICTIONARY/INTERPRETATION In these Terms and Conditions: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation;
“Authorised Travel Agent” means any travel agent that may be involved in the booking;
“Booking Form” means the form completed by you, or by your authorised Travel Agency and any amendments thereto, for participation in any of our tours. One completed Booking Form per passenger.
“Consumer Guarantee” means the rights of guarantees a passenger may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded or limited;
“Consequential Loss” means any loss or damage suffered by a passenger or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity;
“Deposit” means 30% of the Total Fare.
“Excluded Recreational Liabilities” means liabilities described in section 139(3) of the Competition and Consumer Act 2010 which, without limitation, includes liability for death, physical or mental injury, or contraction or aggravation of any disease;
“Reckless Conduct” has the meaning set out in section 139A(5) of the Competition and Consumer Act 2010 (Cth);
“Total Fare” means the total amount payable to Us for Your Booking.
“Us, We, Our, ETS, Ours ” means Eastern Tour Services Pty Ltd;
“Unexpected Event” means any act, circumstance, or event beyond our control, caused or arising from, but not limited to: acts of God, public enemies, government restraints, riots, strikes, lockouts, labour troubles, epidemic, civil unrest, fuel shortages or abrupt and unexpected increase in fuel costs, collisions, stranding, fire, lightning, storms, rough and adverse sea or air conditions, tidal waves, cyclones, theft, barratry or any other crime by any person, explosions, airport closures,
“You, Your, guest, customer, passenger” means the person making the booking and all those listed on the Booking Form for any of our tours.
3. YOUR AGREEMENT WITH US. Once we have received your Deposit and Booking Form, an agreement comprising the Booking Form and these Terms and Conditions becomes effective between all passengers listed on the Booking Form and Eastern Tour Services Pty Ltd. You represent that you have the authority from all passengers on your booking(s), to enter into the agreement and accept our Terms and Conditions on their behalf. Parents/Legal Guardians enter into the Doc ID 346917543/v1 agreement and accept the Terms and Conditions on behalf of their children.
4. TOUR ITINERARIES ARE NOT GUARANTEED. Many factors may affect our ability to provide any particular itinerary. These include weather, mechanical difficulties, civil unrest or any other Unexpected Event. We agree to use reasonable endeavours to provide a TOUR in accordance with our published brochures and itineraries however, we do not guarantee itineraries and they do not form part of your agreement with us. If we are unable to operate in accordance with our published itinerary. Where the brochure contains particulars of our conditions or policy concerning reservation procedures, bookings, cancellations, refunds of fares and itineraries for the tours then the brochure, so far as it relates to those matters, does not form part of these Terms and Conditions.
5. BOOKINGS. To make a booking, please complete and sign the attached ‘Booking Form’ and return it to us together with your Deposit. Bookings made over the internet constitute a completed booking once initial deposit 30% or full payment is received by Eastern Tour Services Pty Ltd
6. PAYMENTS At the time of booking, we require you to pay a deposit of 30% of the Total Fare to secure your booking. The balance of the Total Fare is due forty-two (42) days prior to your departure. Please note: We accept direct deposit, Visa and MasterCard as payment.
7. SHARE POLICY All accommodation on our tours is based on twin share occupancy. If you are traveling alone and wish to share accommodation, a room-mate will be assigned to you. When pairing room-mates we always pair participants of the same sex. There is a single supplement of 50% for all packaged tours should you require a room to yourself.
8. TRAVEL INSURANCE. Travel Insurance is not included in your tour package. Travel insurance is mandatory when travelling to Lord Howe Island. On any of our other packaged tours , not involving Lord Howe Island, we strongly recommend that you purchase appropriate travel insurance as soon as you pay your deposit. If you do not purchase travel insurance, you will not be able to recover cancellation charges, medical costs (in the case of non-Australian residents), repatriation and other expenses that may arise if things do not go according to plan.
9. CANCELLATION AND REFUND POLICY In the event that you need to cancel your booking, please immediately notify us or your Authorised Travel Agent without delay. A failure to promptly provide notice of your cancellation may result in a lower refund than might otherwise be the case. The cancellation charges and refunds that will be payable depend on the amount of notice you give us of your cancellation. Those charges are set out in the table below: Days prior to departure Cancellation Charge 181 days or more Full refund less the costs incurred in third party bookings and a 5% administration fee. 180 – 43 days Deposit amount. 42 – 30 days 50% of Total Fare 30 days or less 100% of Total Fare If you choose to change your booking to a different tour date, it will be treated as a cancellation of your booking and the cancellation charges referred to above will apply.
10. TOUR ITINERARY CHANGES AND CANCELLATIONS BY US This clause 10 applies only to changes and/or cancellations occurring prior to departure of the TOUR. In the event that we need to cancel your booking or significantly change the itinerary, we will notify you of these changes as soon as we can. CHANGES WITHIN OUR CONTROL We may change the itinerary due to operational or commercial requirements. Since your itinerary is not guaranteed, please do not make any important arrangements or meetings based on the proposed itinerary. Subject to those reasons referred to under the heading “Changes Outside of Our Control” noted below. CHANGES OUTSIDE OF OUR CONTROL If it is necessary to change the itinerary due to safety, severe weather, to protect wellbeing, human life or health or other factors outside our control, we will attempt to offer a revised itinerary as close as possible to the original itinerary. We will not provide any compensation in connection with the revised itinerary unless consumer laws require otherwise. If it becomes necessary to cancel the tour due to safety, severe weather, to protect wellbeing, human life or health or other factors outside our control, then we will have incurred certain costs and may need to make arrangements (and thereby incur additional costs) on your behalf, which you hereby authorise us to undertake, for which the following charges will apply: Days prior to departure Cancellation Charge 43 days or more No charge 42 – 15 days 50% of Total Fare + costs incurred by us on your behalf in taking steps to protect your wellbeing, health and safety 14 – 3 days 70% of Total Fare + costs incurred by us on your behalf in taking steps to protect your wellbeing, health and safety 2 days or less 90% of Total Fare + costs incurred by us on your behalf in taking steps to protect your wellbeing, health and safety
11. NON – TRANSFERABLE Passengers do not have the right to transfer their rights and obligations under this agreement. The fare paid shall not be refundable except as permitted in these Terms and Conditions and the carrier will not be liable to make any refund to the passenger if the passenger fails to embark on the Ship for the Cruise.
12. HEALTH AND RESPONSIBILITY On booking your tour, you warrant that you and those travelling with you admit a full understanding of the nature and character of the tour and the scope of the activities contemplated by you during the tour (including those relating to activities such as excursions nature walking, sightseeing, snorkelling, air flights, water vessels) and you assure; That you are in good health and physically fit to undertake the tour and the contemplated activities; That you will effect travel insurance sufficient to cover any limitation of liability against you imposed by these Terms and Conditions should you wish to do so; That you accept the risk that you may suffer from air sickness; That you have disclosed any physical or mental disability requiring special attention (including the use of a wheelchair) or treatment at the time of making your booking; That you accept that an Eastern Tour Services approved medical certificate certifying fitness for travel may be required and you or those travelling with you have had surgery less than three (3) months prior to sailing you must submit a letter from a qualified physician stating that you are fit to travel. We reserve the right to deny passage at our sole discretion if you require care and attention which we cannot adequately provide; We reserve the right to refuse or deny participation in activities or programmes on our tour which are sponsored or promoted by us to you or those travelling with you if you suffer from a medical condition that may present risks if you participate in those activities and any decision in this respect may be made by us in our sole discretion; Any charges incurred by you for medical reasons including but not limited to physicians, surgeons, hospitals, accommodation, medication, diagnostic facilities, air ambulance evacuation or ground ambulance shall be your sole responsibility ; You agree to indemnity the carrier from and against all claims, costs, charges, fines or penalties arising as a result of any claim made against the carrier in this respect.
13. PASSENGERS NEEDING SPECIAL ASSISTANCE. Eastern Tour Services welcomes passengers with disabilities or special needs provided they are accompanied by a companion capable of providing all necessary assistance. Any disability or medical condition requiring special attention must be reported to Eastern Tour Services at the time of booking. It is the customer’s responsibility to advise us of your circumstances to ensure the selected tour is suited to your individual needs. Eastern Tour Services is not responsible for any loss of employment, loss of touring or loss of money should the customer be unable to participate in the tour or in any or all of the activities. Any cost incurred as the consequence of the customer’s need to return home as a result of non-disclosure are the customer’s sole responsibility.
Eastern Tour Services will make reasonable efforts to accommodate the special needs of disabled passengers, but is not responsible for any denial of services by carriers, accommodation places, aircrafts, vessels, restaurants or other independent suppliers, or any additional associated expenses.
Our Minibuses, Eastern Air Services aircraft and third party water vessels are not equipped with wheelchair ramps. Wheelchairs and walkers cannot be carried or stored in our minibuses or Eastern Air Services aircraft, due to space limitations. ETS is unable to provide individual assistance to any passengers for walking, dining, boarding or alighting minibuses, aircraft, water vessels or other personal needs. A Health, Fitness and Mobility Questionnaire will be provided and requested to be completed at the time of booking if you advise of any health, fitness or mobility issues. Eastern Tour Services is not liable for any injury, illness or loss of employment which could have been reasonably prevented had we been aware of a pre-existing condition and been provided an opportunity to review it. We will not be responsible for any costs associated with cancellation penalties or the return of passengers from a tour, and a refund for lost touring cannot be claimed.
14. LIMITATION OF LIABILITY FOR RECREATIONAL SERVICES. Save for liability for significant person injury caused by Reckless Conduct by us or our servants or agents, we exclude liability for any and all Excluded Recreational Liabilities arising out of the supply of Recreational Services. Our tours may include third party providers and we act only as a booking agent for these providers. The service providers are solely responsible for the information and services offered and their terms and conditions will apply. Any arrangements made with other service providers by or for you are your responsibility and entirely at your own risk.
15 LIMITATION OF LIABILITY. (a) Our tours sometimes include the services of independent providers, such as hoteliers (accommodation), chartered airlines, airlines, cruise companies and other operators who are not agents, servants or employees of ETS. Although we take care in selecting the independent service providers, ETS is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved in these activities.
(b) If, in the opinion of any representative of ETS , your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to continue on the whole or any part of the tour. Abuse or harassment of any kind towards ETS staff, contracted suppliers or others guests may result in immediate removal from the tour. ETS is not liable to you for any costs associated with such decision and you will not be refunded for any part of the tour.
(c) ETS accepts no responsibility for any death, injury, illness, loss (including loss of employment), damages, detention, delay (including mechanical breakdown) beyond its control.
(d) Any term, condition or warranty expressed or implied by stature or otherwise in respect of the tour contained on the website or in brochures are excluded to the full extent permitted by law. Nothing in these booking conditions
16. FORCE MAJEUE. Force Majeure means the occurrence of an event that is beyond ETS’s reasonable control and which could not have been reasonably prevented by ETS, which includes, but is not limited to war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or threat of such acts, natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels, nuclear or other industrial accident causing environmental pollution or contamination, change in law meaning, enactment, amendment (including repeal) in the law or administration of the law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in stature, regulations, determination, by-law, declaration, licence and common law as applicable from time to time.
17. LIMITATION OF LIABILITY IN THE EVENT OF FORCE MAJEURE. In the event that ETS cancels or changes your tour arrangements in any way due to a Force Majeure event, ETS will not be liable to you in contract, tort, stature or restitution for any loss ( including, but not limited to, loss of deposit or purchase price and loss of employment ), damages, costs, charges, expenses or injury resulting from or in connection with ( whether directly or indirectly ) : (a) the cancellation or change to your tour arrangements: or (b) the Force Majeure event. ETS is not liable to refund any part of the deposit or full purchase paid by you if ETS subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond the control of ETS. As you are required to have adequate Travel Insurance ( when Lord Howe Island is included in the tour itinerary ) to protect yourself against these risks, your policy needs to respond to these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Eastern Tour Services based on expected non-recoverable costs and expenses to be incurred by ETS, including but not limited to overhead expenses and works or services preformed personally by ETS, leading up to the commencement of the packaged tour, alternatively prior to the Force Majeure event.
18. APPLICABLE LAW This contract is governed by the laws in force in New South Wales Australia. You agree that any action you bring against us will be brought in New South Wales Australia. The parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales Australia.