air tours, land safaris, sea journeys - Terms & Conditions

Holidays - air tours, land safaris, sea journeys - Terms & Conditions

1. Definitions

"ID" means id Holidays, Information Dissemination Pty Ltd ABN 96 117 224 110;
"Conditions" means these Terms and Conditions.
"Customer" means a person, firm or corporation seeking to acquire Services from ID and if there is more than one of these, these Conditions bind them jointly and each of them separately.
"Departure Date" means the date scheduled for the Customer to Depart at the start of the Travel Arrangements.
"GST" has the definition given in A New Tax System (Goods and Services Tax) Act 1999 ("Act") or any amending legislation.
"Travel Arrangements" means the travel arrangements made by ID travel partners including all Products.
"Material Alteration" means a material change to the Travel Arrangements as determined at the sole discretion of ID.
"Products" means individual components of Travel Arrangements, such as accommodation, meals, transport, cruises and tours.
"Services" means the booking and payment services provided by ID in relation to Travel Arrangements; and
"Suppliers" means the party that is responsible for providing the individual Products.
"Tax Invoice" means a tax invoice which complies with the definition contained in section 29-70 of the Act or any amending legislation.

2. Basis of Contract

2.1 The Conditions apply exclusively to every contract for Services by ID to the Customer and cannot be varied or supplanted by any other condition unless expressly accepted in writing by ID.
2.2 Acceptance - Payment of a deposit indicates the Customer's acceptance of the Conditions.

3. Reserving your holiday

3.1 Quotes - will be provided in relation to a price for the Travel Arrangements. The quote is valid for a period of 7 days.
3.2 Deposit - a non-refundable deposit of A$1000 per person (or other amount as advised) is required to secure a booking.
3.3 Late Reservations - Reservations made within 10 days of a Departure Date are subject to a late fee of $100 per booking.
3.4 A minimum stay of 3 nights is required for all bookings.

4. Price Policy

4.1 Prices are contained within all ID travel partner websites and are valid for the period specified. Prices are subject to the quote provided.
4.2 Travel Arrangement prices are quoted for the entire package and itemised component costs cannot be given.
4.3 Travel Arrangements - the price may be based on Products being booked in groups, and accordingly Customers must travel together throughout the Travel Arrangements.
4.4 Surcharges - the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, scheduled airfares, hotel and ground transportation charges, game park entrance fees and any other increases in connection with the Travel Arrangements.
4.5 Surcharge increases greater than 10% - if the total price of the Travel Arrangements increases by 10% as a result of surcharges, the Customer may cancel its booking within 14 days of the date of the issue of a final invoice and obtain a full refund of all payments made to ID travel partners selected, with the exception of holiday insurance and any amendment charges previously incurred.
4.6 Price Increase Guarantee - provided settlement in full no less than 90 days prior to the Departure Date, it undertakes to absorb any price increases that may arise after that date.
4.7 Changes in the Australian Dollar- the financial commitments ID travel partners undertake in order to offer the Price Increase Guarantee mean that reductions in prices can not be made if the Australian dollar strengthens.
4.8 Products not Utilised - no refunds are made in respect of Products not utilised, for example, accommodation, meals and sightseeing excursions.
4.9 Goods & Services Not Included - the following are excluded from the Travel Arrangement price; International Airfares, arrival or departure taxes, passport and visa costs, travel insurance, personal expenditure including drinks, laundry, room service, meals and gratuities, unless expressly included.
4.10 GST - each amount of whatever description specified as payable by the Customer to ID travel partners is expressed nett of GST. Prices for the supply of Services exclude any other taxes, duties or imposts imposed on or in relation to the Services in Australia or overseas. The Customer is liable to pay any amount of GST imposed on any product.

5. Payment

5.1 Final Payment - must be received by ID travel partners no later than 90 days prior to the Departure Date.
5.2 Where bookings are made within 90 days of departure, full payment must be made at the time of booking.
5.3 In addition to any amount payable, the Customer must pay on production of a Tax Invoice the GST payable by ID in respect of that amount.

6. Amendments

6.1 ID will endeavour to assist if the Customer requests an amendment to the Travel Arrangement booking up to 90 days prior to the Departure Date subject to the following;
(a) Amendment Charge - $50.00 per file applies to any Customer requesting a change to a confirmed booking.
(b) Additional Charges - all other expenses incurred by ID may also be payable by the Customer at ID's discretion.
(c) Any charges arising from a request for an amendment are payable by the Customer whether or not ID is successful in confirming the requested amendment.
(d) Late Amendments - amendments made by the Customer within 90 days of the Departure Date are treated as cancellations and re-bookings. Cancellation charges apply as detailed below.

7. Cancellations by the Customer

7.1 The Customer must give ID travel partners notice of any cancellation in accordance with the provisions contained in clause 10.
7.2 Charges - the following charges are payable by the Customer in accordance with the number of days prior to the Departure Date following notice being received by ID travel partners of cancellation: Days prior to Departure Date Percentage of holiday price payable From booking to 91 days Deposit forfeit 90-46 45% - 45 or less 100%
7.3 Additional Charges - the Customer may incur further cancellation charges from some local agents.

8. Cancellations and Material Alteration by ID

8.1 ID may treat a booking as cancelled and levy cancellation charges if the Customer does not pay the balance of the Travel Arrangements price at least 90 days prior to the Departure Date,
8.2 Force Majeure - ID may, at its sole option, where circumstances outside of its control affect the provision of Travel Arrangements (such as flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) cancel scheduled Travel Arrangements at any time and may at ID's sole and absolute discretion:
(a) offer the Customer alternative Travel Arrangements or Products of comparable standard as may be appropriate in the circumstances; or
(b) if alternative Travel Arrangement or Products are not offered by ID travel partners, ID travel partners will make a full and prompt refund of monies paid by the Customer. 8.3 ID may charge a reasonable fee to cover the administration costs associated with providing alternative Travel Arrangements or Products.
8.4 Material Alteration - if a Material Alteration becomes necessary within 90 days of the Departure Date for any reason other than the circumstances described in clause 8.2, ID will endeavour to offer comparable Products or a full refund of all monies paid by the Customer.

9. ID Travel Partner - Obligations and Liability

9.1 Booking Agent - ID travel partners act as a booking agent for the Suppliers of Products and accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Customer or third party resulting from the Customer's or third party's use of the Products. ID travel partners make all reasonable enquiries to determine that Suppliers provide appropriate Products.
9.2 Except as specifically set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the Products or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.3 Circumstances Beyond our Control - if ID travel partners are unable to provide the Travel Arrangements as illustrated in the brochure, or any Product agreed to be provided, it is not liable for any injury, loss, damage, accident, delay or irregularity arising to the Customer or any third party.
9.4 Loss - ID accepts no liability for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Customer while undertaking a Travel Arrangement, using the Services or arising from any booking.
9.5 ID and its travel partners strongly recommends that the Customer insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense.
9.6 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified.

10. Notice

10.1 A notice by the Customer must be in writing, and may be delivered by hand, sent by prepaid mail, sent by facsimile or sent by electronic means such as e-mail to the address or number specified.
10.2 A notice is treated as given to ID and its travel partners, when:
(a) if hand delivered, when delivered;
(b) if sent by prepaid mail, when received or within 48 hours after posting, which ever is the sooner,
(c) if sent by facsimile, when facsimile machine confirms transmission; or
(d) if by e-mail, when the e-mail is sent.

11. Governing Law

11.1 These Terms are governed by and are to be construed in accordance with the laws of Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of all Australian Courts entitled to hear appeals from those Courts and Tribunals.

12. Privacy

12.1 Any information ID and its travel partners obtains from the Customer or its representative is necessary for ID's business purposes or providing the Customer with ID's goods and services, and may be used in answering any queries the Customer may have; considering the Customer's application for credit or to become a Customer; performing internal administration and operations; developing, improving and marketing products and services; and any directly related purposes.
12.2 ID and its travel partners will not disclose any personal information to any other party without the consent of the Customer except to the Suppliers, a related entity or adviser of ID or where ID is otherwise required by law to do so. The Customer may access the personal information on written request to ID.