HOW TO BOOK YOUR TRAVEL ARRANGEMENTS
To accept the offer of TCSC set out in the Invoice, the clients must complete the booking form and return it to TCSC with the deposit set out in the Invoice. TCSC is under no obligation to the clients to book the travel arrangements unless and until the booking form and the deposit are provided to TCSC.
Land based quotes set out in the Invoice are valid for 14 days from the date of the Invoice and airfares also quoted are subject to change until paid in full and ticketed.
PAYMENT OF THE DEPOSIT
The deposit paid and provided with the booking form is not refundable for any reason whatsoever.
YOUR TRAVEL PACK – CHECK ON TRAVEL ARRANGEMENTS
Upon the clients providing to TCSC the booking form and deposit, TCSC will provide to the clients a travel pack. The clients acknowledge that the clients will make certain that all aspects of the clients’ travel arrangements are as required within that travel pack. The clients undertake to advise TCSC within 7 days of the date of the provision of the travel pack of any error that is contained in the travel arrangements as upon expiry of the 7 days, the clients are deemed to have accepted that the clients’ travel arrangements are as set out in that travel pack.
PAYMENT FOR TRAVEL ARRANGEMENTS
The clients agree to make payment for the travel arrangements strictly in accordance with the schedule set out in the Invoice.
If the clients fail to make payments in accordance with the schedule, then upon that failure, the clients are in default under the terms and conditions of this agreement and the travel arrangements are deemed cancelled as at the date of default.
PAYMENT FOR LAND CONTENT OF TRAVEL ARRANGEMENTS
Where by virtue of the value of the Australian dollar, the costs for the land content of the travel arrangements exceed those stated in the Invoice, the clients agree to pay that excess and TCSC will provide to the clients a tax invoice for the excess. Should the clients fail to pay that tax invoice within 7 days of the date of receipt of same, the clients are deemed to be in default under this agreement and the travel arrangements are deemed cancelled as at the date of that default.
CHANGES TO TRAVEL ARRANGEMENTS – BY CLIENT (“CLIENTS’ CHANGES”)
The clients may alter travel arrangements, but only by giving a written instruction to TCSC as to the changes required. Each change will attract an administration fee of $100 and any increase cost occasioned by the change will be the subject of a tax invoice provided by TCSC to the client. Should the client fail to meet payment of the amount on the tax invoice within 7 days of the issue of same, the clients are deemed not to require the change in travel arrangements.
CHANGES TO TRAVEL ARRANGEMENTS – BY TCSC (“CLASSIC SAFARI CHANGES”)
The clients acknowledge and agree that for a whole series of reasons, TCSC may have to alter the travel arrangements up to and including and throughout the travel period. The clients agree that no claim for compensation can or will be made against TCSC if such a change has to be made, as long as the change is made on the basis of reasonable justification and that alternative arrangements are put in place by TCSC that are of the same quality as those set out in the travel arrangements.
The travel arrangements can be cancelled by the client but only by providing TCSC with a written notice of the client’s intention to do so.
Where a tour operator, subcontractor or airline company has a cancellation policy different to that set out below, then whatever that policy is or might be, that policy shall apply to any cancellation of travel arrangements with that tour operator or airline company and reduce any refund payable to the client, appropriately.
If such a cancellation policy does not exist, and if the client wishes to cancel travel arrangements, and the cancellation notice is received:
- between 75 and 30 days prior to departure – the client will forfeit of 50% of the cost of the travel arrangements;
- 30 days or less prior to departure – the client will forfeit the whole of the cost of the travel arrangements;
as shown on the Invoice, or applied because of client changes.
REFUNDS FOR UNUSED PORTION OF TRAVEL ARRANGEMENTS
The clients acknowledge and agree that the travel arrangements are a package and that the client cannot choose to select portion of the travel arrangement and be refunded in whole or in part for those portions unused.
The clients acknowledge and agree that where the clients request TCSC to book travel insurance, that the clients have undertaken a due diligence of the company providing such insurance and has satisfied himself, herself, themselves or itself that the travel insurance is adequate to insure the risks of the client. The clients acknowledge and agree that the clients do not in any way rely upon, nor do the clients expect TCSC to be an expert in the selection of the insurer, the insurance package, the policy or the premium rate to be paid by the clients to the insurer in respect of the provision of the policy or the terms and conditions of the policy and as to whether, in the circumstances of the clients and the travel arrangements, the insurance is adequate to protect the needs of the clients. TCSC is not an expert in travel insurance, the selection of the supplier of travel insurance or in the terms and conditions that form part of a travel insurance policy, nor is TCSC an expert in appreciating the cost that should be occasioned to the client for payment of the premium in relation to such insurance. The clients agree and acknowledge that in arranging such travel insurance for the clients, the clients and TCSC are not entering into any contract for TCSC to so provide advice as to, or to supply such insurance policy.
The clients acknowledge and agree that DFAT travel warnings may void travel insurance, and that it is the responsibility of the clients to monitor warnings.
PASSPORTS & VISAS
The clients agree and acknowledge that it is the clients’ obligation, at all times, prior to, at the time of and throughout the travel arrangements for the clients to hold the appropriate passport and visas in order to be able to undertake and complete the travel arrangements. The clients acknowledge and agree that whilst TCSC may assist in the obtaining of the necessary visas to assist the client in being able to undertake the travel arrangements, that the rules and regulations in relation to the issue of the visas, particularly in the countries to be visited by the client during the travel arrangements, change and do so without notice. The clients agree and acknowledge that although TCSC may have assisted the client in obtaining such visas, the client does not rely upon TCSC to have provided correct visas that comply with the then current law of any country which the clients enter, or intend to enter, during the travel arrangements.
The clients agree and acknowledge that TCSC cannot and will not be held responsible or liable by the clients for changes or cancellations:
- to itineraries and accommodation and in relation to travel arrangements as a result of any matter, manner or thing outside of the care and control of TCSC, including inclement weather, civil unrest, Acts of God, regulations and the like;
- in local conditions and events, unpredictable, or predictable.
THE CLIENT ASSUMES THE RISK OF ENTERING UPON THE TRAVEL ARRANGEMENTS
The clients acknowledge that the clients have undertaken and will continue to undertake up to, including and throughout the period of travel in the travel arrangements, his, her, their or its extensive due diligence and ongoing due diligence in relation to the travel arrangements. The clients here acknowledge and agree that the travel arrangements are to take place in countries and regions and under circumstances where (not necessarily in the travel arrangements):
- standards of health care;
- the provision of trauma and health services;
- standards of hygiene generally;
- standards in food preparation;
- occupational health and safety rules, regulations and training;
- the provision and wearing of safety equipment; and
- safety checks on transport, equipment, vehicle, aeroplanes and equipment;
used and/or provided in the travel arrangements, are or may be of a lesser standard (and substantially so) than in Australia.
The clients acknowledge and agree that the provision and wearing of safety equipment whilst the client is undertaking activities that would normally require the client to wear such equipment, provision of emergency equipment and trained manpower; training of staff in emergency procedures and generally may not be up to the standard of first world countries and may be substantially below that standard or non-existent. The clients agree and acknowledge that the clients accept that as a result of the travel arrangements, those travel arrangements may involve potential and actual exposure to injury and possibly death of the client, or a person or persons accompanying the clients during the period of travel.
The clients acknowledge that the extensive due diligence and continuing due diligence in relation to the travel arrangements include the clients’ attention being drawn to the DFAT travel warnings in relation to that or those places in the travel arrangements to which the clients are to travel. The clients agree and acknowledge that the clients have satisfied himself, herself, themselves or itself as to whether or not it is safe to travel to the destinations so stated on the travel arrangements and the regulations relating to their destinations and return to Australia.
The clients also agree and acknowledge that any such due diligence has been undertaken up to and including the time of travel andduring the period of travel.
WHAT IS INCLUDED IN AND WHAT IS EXCLUDED FROM THE TRAVEL ARRANGEMENTS?
The clients acknowledge and agree that the only services to be provided are those specifically set out on the Invoice and in the travel pack, and no more and as a consequence all other experiences that may be had whilst the travel arrangements are in place, are at the cost of the client. The following are not a part of the travel arrangements:
- personal travel insurance;
- travel insurance;
- visa, passport and vaccination charges;
- airport departure and airline taxes;
- any meals, transport costs, accommodation costs or other expenses that are not included in the travel arrangements;
- laundry, postage, personal clothing, medical expenses and the items of a personal nature;
- emergency evacuation, emergency surcharges and/or costs related to compliance with isolation regulations;
- additional expenses caused by delay, accidents or disruption to planned itineraries;
- tipping and excess baggage charges;
- beverages (unless as otherwise in specified in the Invoice); and
- any item not specifically detailed as included in the travel
The laws of New South Wales, Australia shall apply to this agreement and anything that emanates there from. In respect of any dispute, claim or demand in relation to this agreement and anything related either directly or indirectly to it, including the provision of and the enjoyment of the travel arrangements by the client shall be commenced and continue in a court with a registry in the central business district of Sydney and no other. Where a party to any such proceedings is a party to this agreement, and as a result of the rules of the court in which the proceedings are commenced, may transfer the proceedings to another registry, the parties agree that such parties shall not so transfer.
HEALTH AND FITNESS OF THE CLIENTS
The clients acknowledge and agree that TCSC has made no enquiry whatsoever as to the fitness, health or otherwise of the clients to be able to undertake the travel arrangements and to complete them in accordance with those set out in the Invoice, or at all. In this regard, the clients acknowledge that the clients have undertaken whatever steps are necessary in order to check the health and physical condition of the clients and the ability of the clients, having regard to the clients’ health and physical condition, to undertake what is set out in the travel arrangements.
TCSC identifies a person, persons and/or company whom or which can supply to the clients the appropriate goods and services to allow the clients to be able to undertake the travel arrangements and at the instruction of the clients, contracts for and on behalf of the clients with that contractor in order for the contractor to supply to the clients those goods and/or services.
At no time is TCSC an agent for the contractors nor are those contractors an agent for TCSC.
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