HOW TO BOOK YOUR TRAVEL ARRANGEMENTS
To accept the offer of TCSC to book the travel arrangements set out in the TCSC Invoice, the clients must complete the booking form and return it to TCSC AND pay the deposit set out in that Invoice. TCSC is under no obligation to the clients to book the travel arrangements unless and until the booking form is returned and the deposit is paid to TCSC.
Land based quotes set out in the Invoice are valid for 14 days from the date of the Invoice and airfares quoted are subject to change until paid in full and ticketed.
PAYMENT OF THE DEPOSIT
The deposit paid is not refundable for any reason whatsoever. Accordingly, care should be taken by the clients to read and understand these terms and conditions carefully BEFORE returning the booking form and paying the deposit.
YOUR TRAVEL CONFIRMATION – CHECK ON TRAVEL ARRANGEMENTS
Upon the clients providing to TCSC the booking form and deposit, TCSC will provide to the clients a Travel Confirmation. The clients acknowledge that the clients will make certain that all aspects of the clients’ travel arrangements are as required within that Travel Confirmation. The clients must advise TCSC, in writing, by email within 7 days of the date of the provision of the Travel Confirmation 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 the Travel Confirmation.
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
The clients may alter travel arrangements, but only by giving a written instruction, by email, to TCSC as to the changes required. Each change will attract an administration fee of $200 per person, to a maximum of $600 per joint travel booking, plus any increased cost occasioned by the change, all of which will be the subject of a tax invoice provided by TCSC to the clients. Should the clients 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
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.
If such a change has to be made, and if alternative arrangements can be put in place by TCSC, that are of the same quality as those set out in the travel arrangements, TCSC will do so. Any increase cost occasioned by the change will be the subject of a tax invoice provided by TCSC to the clients.
If such a change has to be made, and alternative arrangements cannot be put in place by TCSC, that are of the same quality as those set out in the travel arrangements, the best available alternative will be booked and the clients agree that no claim, or claim for compensation, can or will be made against TCSC.
CHANGES TO TRAVEL ARRANGEMENTS DUE TO THE INFLUENCE OF ANY MATTER, MANNER OR THING OF THE LIKE OF COVID-19 (a “Pandemic”)
Clients agree and acknowledge that TCSC is not responsible for, nor can it be responsible to the clients, nor will the clients make any claim against TCSC, with regard to changes or cancellations to clients’ travel arrangements brought about by decisions of any Government or Governmental Authority relevant to the pandemic or the implementation of travel restrictions directly or indirectly related to or due to a pandemic (the “travel restrictions”). Should such travel restrictions be imposed TCSC may have to alter the travel arrangements up to and including and throughout the travel period. The clients agree that no claim, or claim for compensation, can or will be made against TCSC.
TCSC will charge the clients an administration fee of AU$200 per person, to a maximum of AU$600 per joint travel arrangement, to implement changes to existing land and/or air arrangements if travel arrangements have to be changed, due to travel restrictions which include related lockdowns, border closures, the appointment of hot spots, a pandemic reasons for cancellation or any other interference with the travel arrangements motivated by a pandemic, or any decision or limitation affecting travel or residence or attendance to an attraction or involvement in any pre-arranged or arranged activity introduced by a government. Any increased cost occasioned by these changes, in addition to the administration fee, will be the subject of a tax invoice provided by TCSC to the clients.
If it is practically impossible to change the travel arrangements of the client by virtue of restrictions then the clients agree that the clients will make no claim, or claim for compensation, or demand against or to TCSC in relation to the inability of TCSC to make changes to the travel arrangements or for that matter to arrange any alternative travel arrangements.
Where TCSC has paid contractors or suppliers for any part of the travel arrangements of the clients, prior to the clients having to abandon, change or cancel the clients’ travel arrangements due to a pandemic or travel restrictions, the client agrees that the client has no claim, claim for compensation or demand against TCSC to obtain a refund of the monies paid to such a contractor or supplier.
Where the travel arrangements for the clients require the postponement of travel arrangements by virtue of a pandemic or travel restrictions, and the travel arrangements have to be re-booked with new travel dates, TCSC’s standard terms and conditions apply.
CANCELLATION CHARGES, REBOOKING AND FAILING TO TRAVEL CHARGES
The travel arrangements can be cancelled by the client but only by providing TCSC with written notice of the client’s intention to do so.
If the client wishes to cancel travel arrangements, and the cancellation notice is received:
- 76 days or greater prior to departure – the clients will forfeit the deposit;
- Between 75 and 30 days prior to departure – the clients will forfeit the deposit and 50% of the cost of the travel arrangements;
- 30 days or less prior to departure – the clients will forfeit the whole of the cost of the travel arrangements;
as shown on the Invoice.
Where any of the suppliers of international flights, domestic flights and tour operators or suppliers, relevant to the travel arrangements of the clients, have a refund policy more onerous than that set out above, then that refund policy will prevail over and above the TCSC standard terms and conditions.
REFUNDS FOR UNUSED PORTION OF TRAVEL ARRANGEMENTS
The clients acknowledge and agree that the travel arrangements are a package and that the clients cannot choose to cancel portions of the travel arrangement and be refunded in whole or in part for those portions unused or cancelled.
The clients acknowledge and agree that where the clients request TCSC to book travel insurance, that the clients have undertaken 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 clients. 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 clients 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, TRAVEL AND ACCOMMODATION DOCUMENTATION
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 have absolute responsibility to the exclusion of TSCS to be aware of the rules, regulations and restrictions imposed by any country to be visited by the clients during the travel arrangements in relation to the entry, continued visiting within that country, or residence within that country or departure from that country, and to comply with those rules, regulations and restrictions.
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 agrees that COVID-19 and any other pandemic or medical outbreaks which influence, alter, vary or bring to an end the travel arrangements of the clients are an Act of God and in no way are the responsibility or obligation or creation of obligations in favour of clients by TCSC.
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 clients are undertaking activities that would normally require the clients to wear such equipment and the provision of emergency equipment and trained manpower, and the training of staff in emergency procedures, 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 clients, 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 Smartraveller 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 and during the period of travel.
WHAT IS INCLUDED IN AND WHAT IS EXCLUDED FROM THE TRAVEL ARRANGEMENTS?
The travel arrangements provided by TCSC do not include any obligation on the part of TCSC to provide emergency travel to the client or anyone travelling with the client for any reason including that required by virtue of the impact, influence or contracting by the client or anyone in the travel party of the clients of any illness, incapacity, or handicap, particularly directly or indirectly related to a pandemic and/or medical outbreaks.
The clients also acknowledge and agree that the only services to be provided are those specifically set out on the Invoice and in the Travel Confirmation, 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 clients.
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 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 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 therefrom. 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 clients, 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 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.
The clients also agree that the clients are entirely responsible to the exclusion of TCSC for any harm or illness including COVID-19 and any strain of it becoming the clients during the partaking by the clients of the travel arrangements. In completing or providing any information in relation to the clients’ health including any contraction of, or close contact with one who has contracted, COVID-19 or a strain of it or any like medical outbreak/pandemic to TCSC or any agency authorised to obtain that information the clients will provide fair accurate and transparent information.
The clients agree and acknowledge that TCSC identifies a person, persons and/or company whom or which can supply to the clients the appropriate travel products that constitute in part or in whole the travel arrangements as described in the Travel Confirmation to allow the clients to be able to undertake those travel arrangements. At the instruction of the clients, TCSC has contracted for and on behalf of the clients with that contractor in order for the contractor to supply to the clients those travel products.
At no time is TCSC an agent for the contractors nor are those contractors an agent for TCSC. The clients agree and acknowledge that TCSC is not and will not be responsible to the clients for any loss or damage suffered by the clients directly or indirectly as a result of the failure on the part of a contractor to deliver travel product or to deliver a travel product as described in the Travel Confirmation forming a part of the travel arrangements of the clients.
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