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Luxury and Expedition Cruises Booking Terms & Conditions as at 15 January 2020.
Tailor-Made Journeys Pty Ltd ACN 069 240 606 trading as Luxury and Expedition Cruises 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 Luxury and Expedition Cruises Travel Centre. References to “You” and “Your” are references to a person who books a cruise with Us.
Please read the following booking conditions carefully and make sure you understand them before booking your holiday. By paying your non-refundable deposit to Us you are accepting and agreeing to be bound by these Conditions.
Luxury and Expedition Cruises acts on behalf of cruise lines and carriers, hotels, ground operators, coach companies, wholesalers and other travel service suppliers (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. Monies we receive from you in respect of the goods and services sold by any particular Supplier are passed on directly to the relevant Supplier.
1. Tour costs
Costs are based on ground costs, airfares and exchange rates at the time of booking. While we make every effort not to increase prices once confirmed to you, in the event of exchange rate fluctuations or increases made by the Supplier including but not limited to, increases in hotel rates, airfares, entrance fees, fuel costs or increases in ground operator fees, we reserve the right to amend our prices, with or without notice, at any time up to and including the day of departure. We will notify you of any increase as soon as reasonably practicable. Acceptance of this arrangement is an express condition of making a booking.
Fares are quoted in two currencies:
US dollars (US$) for the Sylvia Earle, Greg Mortimer, Hondius, Hanseatic Inspiration, Ocean Nova, 50 Years of Victory, Spirit of Enderby, Sea Spirit, Kapitan Khlebnikov, Aqua Blu
Australian Dollars (AU$) for the True North, Coral Adventurer, Coral Discoverer, Le Laperouse, Ocean Adventurer, Ocean Diamond, National Geographic Explorer, National Geographic Orion, National Geographic Endurance, Silver Explorer, Silver Cloud, Silver Wind, Le Boréal, L’Austral, Le Commandant Charcot, World Explorer and Ultramarine.
Rates for voyages, flights are based on tariffs and exchange rates in effect at the time booking and are subject to change prior to departure as outlined above. Substantial changes in tariffs, exchange rates and the price of fuel, services and labour sometimes increase the cost of expedition arrangements significantly. We reserve the right to alter prices or introduce surcharges accordingly, even if payment has been received in full. All travellers are required to pay for their excursions and additional purchases in conjunction with their excursions in the same currency.
Discounts and Promotions; We have the right to limit, withdraw or change any and/or all discounts and promotions without notice and/or compensation to you.
2. 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 itinerary, beverages, and gratuities.
It is a condition of booking with Us and also a condition of booking with the Suppliers that you take out comprehensive travel insurance to cover the full cost of any cruise or travel you book with Us (including voyage cancellation coverage and helicopter medical evacuation coverage). In respect of helicopter medical evacuation coverage, we understand this can cost in excess of $150,000 so we recommend that no policy carry less than this amount of 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 but in any event no later than the date the final balance of funds is paid and that the policy should include, but not be limited to, the following features: loss of deposit through cancellation; injury; death; insolvency, 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.
IN ALL INSTANCES OF CANCELLATION INCLUDING IN THE EVENT OF FORCE MAJEURE, THE SUPPLIER TERMS AND CONDITIONS WILL ALSO APPLY.
4. Changes and transfers
Should you wish to make changes (not including transfers) to your booking after confirmation has been advised but before final documents have been issued, 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 Suppliers. We will do our best to process and obtain confirmation of 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.
Transfers of Deposits or Payments to Alternative Voyages
Should travellers be unable to take the expedition they originally booked but would like to travel on an alternative date, it may be possible to transfer deposits or payments from the original booking to an alternative voyage (with the same Supplier). We reserve the right to prohibit transfers in Our absolute discretion. Should a transfer request be granted, a change fee will be charged by the relevant Supplier. We reserve the right to charge any administration fees for dealing with the transfer request.
5. Itinerary variations
It is possible that circumstances beyond either our control or a Supplier’s 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. The itinerary described is subject to change at the discretion of the ship’s Captain and voyage Expedition Leader. This is an expedition to a remote part of the world and the Captain and any ship operator or management personnel reserve the right to change the itinerary due to weather conditions, availability of anchorages, political conditions and/or other factors beyond his/her control, without consulting the traveller or passengers on board. It is understood that such decisions will be made in the best interests of all travellers aboard and at all times with regard to the safety of the vessel. The traveller has no right to any refund or other considerations in the event of these itinerary changes.
Cancellation by you
If you need to cancel your tour, you must notify us in writing. Upon receipt of your written notification, cancellation will take effect and you will be liable for any cancellation charges of any Supplier’s providing goods and services as part of your tour.
Cancellation by Ship Operator/Cruise Company
On the rare occasion that a ship operator/cruise company 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.
Cancellation by Us
We reserve the right to cancel any service at any time prior to its departure, in which case payments made by you will be refunded in full without further obligation on our part.
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 effect 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.
7. 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.
Adventure Options (e.g. kayaking & camping) Prices quoted are based on group participation and no refunds will be made for any part of the program in which you choose not to participate, including kayaking, camping, cross-country skiing, snow-shoeing, or mountaineering, or which, at the discretion of the Captain and Expedition Leader, may or may not proceed for operational reasons or due to adverse conditions. It is understood that refunds cannot be made to travellers who do not complete the services for any reason whatsoever.
8. 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 Supplier are not responsible for and you release and indemnify Us from any claim, loss or liability suffered or incurred in such circumstances.
.Medical forms, or, if applicable, a direct online link to the cruise operator’s required forms, will be sent to you via email once your deposit has been received. You must review and complete the forms immediately (one for each person travelling) and, if not completed via the operator’s link, return them to Us or your travel agent. Questions that relate to your physical or mental suitability may need to be completed by a medical practitioner. Medical forms must be filled out in full, honestly and accurately, and disclose all medical history and information. Should your medical situation change after submitting the medical forms, it is your responsibility to advise Us (or the ship operator/cruise company or relevant Supplier of services) immediately. The information submitted will be reviewed and We (or the ship operator/cruise company or relevant Supplier of services) reserves the right to ask for further information, clarity on information, or for documentation from your medical practitioner.
Some ship operators do not allow twin share bookings for individuals with sleep apnoea who are travelling with a CPAP machine (you will be required to book a single/sole use cabin).
The Suppliers we work with (including the ship operator/cruise company) reserve the right to deny passage to any traveller on reasonable medical grounds.
For travellers who book within 90/120/180 days of departure (days required varies dependent upon the ship operator/cruise companies booking terms), completed medical forms must be received within 7 days of making payment. The cruise operator reserves the right, at its sole discretion, to deny boarding, without refund or resulting expenses, to any traveller at the pier for any reason, including but not limited to the event that the on-board medical officer determines the traveller not to have disclosed accurate medical information. It is also your responsibility to provide information of any pre-existing medical conditions and/or disability that could reasonably be expected to affect your booking, as well as the enjoyment of others on the trip. We (or the ship operator/cruise company or relevant Supplier of services) reserves the right, at its reasonable discretion, to refuse your participation on a trip and/or cancel your booking at any time in accordance with this clause.
9. Consular advice
We recommend you contact the Australian Department of Foreign Affairs & Trade for current official travel advice concerning the countries you will visit (https://dfat.gov.au/pages/default.aspx).
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.
11. Supplier responsibility clause
These conditions are not issued on behalf of, and does not commit, any Supplier whose services are used in the course of the tours, such services being subject to the Supplier’s own conditions of contract.
12. Liability and Responsibility
These booking conditions form part of the general conditions as does the Supplier’s and ship operator/cruise companies PASSENGER TICKET CONTRACT. All bookings are subject to the terms and conditions of the Suppliers, some of whom limit or exclude liability in respect of death, personal injury, delay, loss of or damage to baggage. All tickets 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 passengers and the vessel in which case no objection will be made by the traveller.
You authorise Us (if applicable) and the Suppliers 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.
Compensation for personal injury is limited in accordance with the provisions of any applicable International Conventions. These include, for example, in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation and are limited to the provisions of, respectively, the Geneva Convention 1973, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
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 and provided by Us, we urge you to bring this up with Us directly immediately 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 the Supplier may seek to remedy the issue identified. If you have a complaint against the 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, you must notify us in writing no later than 30 days after your return date to Australia.
14. Privacy and 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.
15. 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.