Booking Terms and Conditions
1. ACCEPTANCE AND AGREEMENT
Antipodeans Abroad Pty Ltd offers The Applicant a place on the tour on the strict understanding that The Applicant has read and understood this and the following Booking Conditions and accepts and agrees to abide by them. Once accepted the Applicant becomes a Tour Member.
2. HEALTH AND FITNESS REQUIREMENTS
It is the obligation of each Tour Member to ensure that he/she is in good physical, emotional and mental health prior to the tour, having regard to the destination and undertakings of the tour. Each Tour Member confirms that he/she has answered the questions on the Application Form or other requisite medical forms accurately and agrees to promptly inform Antipodeans Abroad if any of the information supplied becomes incorrect before the scheduled departure date of the tour. All Tour Members require medical clearance from a medically qualified General Practitioner, advising that they are fit to travel on the program, prior to departure. Antipodeans Abroad reserves the right to withdraw any Tour Members at any time if in its sole discretion, it deems the Tour Member’s physical, emotional or mental health could compromise the Tour Member’s safety or any other Tour Members’ safety. In such circumstances, the Tour member will be treated as having cancelled his or her participation in the Tour.
3. DOCUMENTATION AND LEGAL COMPLIANCE
Each Tour Member is responsible for obtaining and having available the necessary documents including visas to enable him/her to participate in the tour and agrees to comply with all legislation, immigration, customs and foreign exchange regulations of the countries through which the tour shall pass.
Antipodeans Abroad requires each Tour Member to have comprehensive travel insurance that includes emergency, casualty evacuation, compensation for loss or damage to certain property or possessions and public liability: (i) Comprehensive travel insurance is included in the total price of; School Expeditions, School Tours, Schoolies Unearthed and Language Immersion Programs. On occasion, Schools will choose to provide their own travel insurance instead of using Antipodeans Abroad’s insurance. This will be outlined where applicable in the marketing material provided. Where this is the case, each tour member is responsible for purchasing their own comprehensive travel insurance to cover emergency, casualty evacuation, compensation for loss or damage to certain property or possessions and public liability (ii) Comprehensive travel insurance is not included in the total price of University Programs. Each tour member is therefore responsible for purchasing their own comprehensive travel insurance to cover emergency, casualty evacuation, compensation for loss or damage to certain property or possessions and public liability.
5. PRICES AND EXTRAS
The price quoted includes administration and travel arrangements both internal and external for tours with the following exceptions: (a) Each Tour Member is responsible for arrangement and payment of all his/her costs for inoculations, passports, visas and airport taxes where required. (b) Each Tour Member is responsible for providing his/her own prescribed medical requirements, personal equipment and clothing as advised and detailed under the appropriate sections of the tour information and any supplementary written communications or instructions sent to Tour Members. (c) Tour costs are based on ground costs, airfares (Program dependent) and exchange rates at the time of application and may be subject to fluctuations. Antipodeans Abroad endeavours to maintain its advertised price but reserves the right to increase this price without notice at any time up to and including the day of departure of any tour in the event of exchange rate fluctuations, increases in fuel costs, airport charges, airfares or increases in ground operator service fees.
Each Tour Member acknowledges that he/she has been given the opportunity to take out travel insurance that may cover cancellations in some but not all circumstances. For all cancellations the following fees apply per Tour Member: i) Prior to 120 days before departure – total loss of deposit and 75% of any subsequent payments due. ii) Less than 120 days prior to departure and after commencement of travel - total loss of tour cost including deposit. iii) If a refund is applicable, payment will be processed 4-8 weeks following written notification.
7. VIABILITY OF TOUR
Where there are a number of cancellations or other circumstances arise beyond the reasonable control of Antipodeans Abroad so as to make the tour in the opinion of Antipodeans Abroad no longer viable, then Antipodeans Abroad shall; i) in the case of cancellations be entitled to treat all Tour Members of that tour as having cancelled his/her participation in the cancelled tour ii) use its best endeavours to join those tour members who wish to participate in a tour with another of Antipodeans Abroad’s tours.
8. SCHOOL AND UNIVERSITY TOURS
Where an Antipodeans Abroad tour has been formed with the assistance or acknowledgment whether informal or otherwise of a school and the school takes some action that withdraws that assistance or acknowledgment then Antipodeans Abroad is entitled to treat that action as a cancellation by each and every Tour Member.
9. ALTERATIONS TO DESTINATIONS, ITINERARY, TOUR LEADER, ETC.
Where circumstances arise such that in Antipodeans Abroad’s opinion it is necessary or advisable to make alterations to the destination or departure date of a tour and/or changes to itinerary, routes, length or dates of the tour, identity of the tour leader(s), including without limitation joining one tour with another, then Antipodeans Abroad shall be entitled to make any or all of such alterations and changes without prior notification to or consultation with the Tour Member.
10. AUTHORITY OF THE LEADER
Tour Members agree that they will abide by the decisions of the tour leader or leaders engaged by Antipodeans Abroad whilst a tour is in progress.
11. RIGHT OF WITHDRAWAL
Antipodeans Abroad reserves the right to withdraw any Tour Member at any time at its sole discretion and the tour leader may, at any time require any Tour Member to leave the tour in circumstances in which Antipodeans Abroad determines the continued presence of the Tour Member prejudices the tour’s good order or discipline whether involving contravention of the law of any country through which a tour passes or otherwise. In such circumstances, the Tour member will be treated as having cancelled his or her participation in the Tour.
12. LATE OR VARIED PAYMENTS
Instalment payments can be varied by up to 30 days, with a $50 fee applying to each variation.
This contract is personal to each Tour Member and/or their parent or legal guardian who shall not assign the benefit of this Contract without the prior written consent of Antipodeans Abroad.
14. FLIGHT ARRANGEMENTS
Antipodeans Abroad makes all decisions in the planning process of the tours. This includes without limitation decision making as to the identity of the operator, the aircraft flight number, departure date, and arrival destinations.
15. ASSUMPTION OF RISK
Each tour member and parent or guardian acknowledges that: • by the very nature of an Antipodeans tour, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays, and involve potential exposure to injury and possibly death; and • in the countries and regions in which Antipodean’s tours are undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in the Tour Member’s home country; and • at some stages during the tour operational control of the tour may be in the hands of a third party and that the Tour Members right of action in regard to any shortcomings of that third party’s performance will not be against Antipodeans; and • the additional dangers and risks associated with the tour may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury; and • the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why the Applicant wishes to undertake the adventure tour, and • the Applicant has submitted their booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia and New Zealand and that it is the Applicant’s responsibility to acquaint themselves with that information or advice, for the above reasons the Applicant therefore accepts the inherent and increased dangers and risks associated with the proposed adventure tour and the accompanying risk of injury, death or property damage or loss.
Each Tour Member and parent or guardian acknowledge that the enjoyment and excitement of the tour is derived in part by travel and activity involving risks beyond the safety of life in their home country. Each Tour Member and parent or guardian accepts all the inherent risks of the tour and all activities associated or ancillary thereto. By signing the booking form the Applicant or where the Applicant is under the age of 18 years his/her parent or legal guardian agrees to be bound by the conditions set out in this agreement. Applications will only be accepted if the booking form is signed by both the Applicant and his/her parent or legal guardian. The Applicant and where the Applicant is under the age of 18 years the parent or legal guardian of The Applicant must carefully note the contents of tour information (which may include a code of conduct) provided by Antipodeans Abroad and The Applicant and parent or guardian must note and comply with the joining and other instructions set out in the tour information. Failure to do so may prejudice other Tour Members, Antipodeans Abroad and tour leaders causing consequential losses and expenses for which the parent or guardian of the Tour Member will at all times hereafter indemnify and keep indemnified Antipodeans Abroad its employees, and tour operators providing services on its behalf. Each Tour Member and where the Tour Member is under the age of 18 years the parent or legal guardian of the Tour Member will at all times indemnify and keep indemnified Antipodeans Abroad, its employees and tour leaders against all liabilities incurred by any or all of Antipodeans Abroad, its employees, tour leaders and tour operators providing services on its behalf, the Tour Member and his/her parent or legal guardian by reason of any of the following: a) Failure to ensure the Tour Member is in good health as set out in clause 2 of this agreement. b) Failure to have necessary documentation as set out in clause 3 of this agreement. c) The Tour Member being withdrawn from the tour as set out in clause 11 of this agreement. d) Failure to comply with any tour information (which may include a code of conduct) provided by Antipodeans Abroad. Except to the extent that the Trade Practices Act and the Fair Trading Act imply non-excludable rights into this contract, the Tour Member and his/her parents or guardian waives any and all claims he/she may now or in the future have against Antipodeans Abroad, its employees and tour leaders, and releases from all liability and agrees not to sue Antipodeans Abroad, its employees and tour leaders.
17. PHOTOS AND MARKETING
Each Tour Member and parent or guardian consents to Antipodeans Abroad using images, video footage or testimonials (quotes) of the Tour Member taken during the trip for advertising and promotional purposes. The Tour Member grants Antipodeans Abroad a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
18. PROPER LAW
This Agreement shall be governed and construed in accordance with the laws in force in New South Wales for the time being and the parties hereby submit to the exclusive jurisdiction of the courts of that State. 19. COPYRIGHT Copyright of this brochure remains vested in Antipodeans Abroad Pty Ltd, ACN 051 363 387