These Booking Terms and Conditions apply to all clients or all potential clients of The Sustainable Traveller [ ABN 73627492157] (“we, us, our”). These Booking Terms and Conditions together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours, and any person who makes a booking with us.
We are a boutique travel agency, specialising in sustainable travel to ensure you can travel as responsibly and consciously as possible. The flights and travel advertised are carbon offset. We are passionate about preservation and conservation of the environment and animals. Our website enables you to search for travel options in various countries, for different ages and group sizes.
When you wish to engage our Booking Services an upfront Booking Fee applies. The Booking Fee will be notified to you, and will depend on the size of your travel party, the duration of the holiday, the amount of flights, the countries visited and similar considerations. The Booking Fee applies to all flights, land arrangements, hotels, cruising, and all touring packages (“Tours”).
We also charge the Consulting Fee where you request bespoke itinerary planning and consulting.
We do not book in any dates with our suppliers until the Booking Fee has been paid in clear funds. Our Fees are in addition to any Supplier Fees. Our suppliers will not book in any dates for Tours until Supplier Deposit is paid. All Our Fees and all Supplier Fees are due and payable on or before the Departure Date. Where other members of your travel party are paying for the Tour, you are still solely responsible for all Our Fees. Where we do not receive Our Fees prior to the Departure Date, we may liaise with the supplier to cancel your Tour.
In some cases an Urgency Fee may apply where your travel arrangements are requested urgently or last minute.
We may also charge a Cancellation Fee where you cancel any booking, or a Change Fee where you need to change any booking. Our suppliers may also charge a cancellation or re-scheduling fee.
For the avoidance of doubt, all Our Fees are in addition to any fees payable to any suppliers, including but not limited to any airline, partners, travel operators, hotels, cruise liners.
In some cases, we may offer different fees and membership plans for frequent travellers, small enterprises, C-Suite, Talent workshops or retreats. If you are inquiring in that regard, please email email@example.com
You authorise use to deduct all Our Fees from your credit card provided. Interest will be charged at the rate of 11% per annum. Any legal collection fees will be billed to you.
CHANGES AND REFUNDS
Any changes to dates, times, locations, the size of your party, or other changes to your Tour are at the suppliers’ sole discretion and are subject to availability. We charge a Change Fee, and our suppliers may also charge a fee.
To the extent permitted by law, all Our Fees are non-refundable. We do not refund the Booking Fees for any cancellation. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, sickness, and all Force Majeure Events. We also do not provide refunds for your change of mind, or where you fail to provide us with adequate information.
On occasion the supplier may need to change venues, times or dates and short notice of even cancel a Tour. We will notify you as soon as possible of any Tour changes.
Please ensure you read all suppliers terms and conditions in relation to opportunities to postpone or cancel the activity and in relation to credits and refunds.
Where a member of your Booking party is unable to attend, or cancels, you may replace them with another person of the same age. Our Booking Fees are not reduced for any reduction in members of your booking party.
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where a Tour is not delivered with due care and skill or in a reasonable time. You will need to notify the relevant supplier to request a refund. You acknowledge and agree to immediately notify us also where you are at all dissatisfied with any Tour.
PRICES AND DESCRIPTIONS ON OUR WEBSITE
We may change prices on our website without notice to you. We may also discount our Fees from time to time.
The descriptions of services may also change without notice to you. There may on occasion be errors or omissions in services descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information if information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the Booking Services or warrant that they will meet your expectations.
Our website contains various information about the Tours, and may include various pre-conditions regarding minimum ages, group sizes and more. You are solely responsible for complying with all these pre-conditions, and all terms and conditions for the relevant Supplier.
Whilst we use our reasonable endeavours to ensure information from Suppliers is accurate, including all prices, tour styles and physical ratings, we cannot guarantee that it is current or accurate. You are solely responsible for ensuring you and all group members have sufficient physical capacity to participate in any Tour.
YOUR OBLIGATIONS AND CONDUCT RULES
You agree to provide us with various information for your Booking (“Information”). You represent and warrant that:
- all Information you provide is current and correct (you must promptly inform us of any updates to the information, including any changes to members in your party, duration of stays, or other changes);
- you will respond promptly to any of our requests for further information*.
Where you require any special dietary requirements, sleeping requirements, pre-existing medical conditions, or any personal situation that may affect your travel or other requirements for the Tour, you must notify us at the time of Booking.
*Where we contact you and receive no reply within 14 days, any paid Fees may be forfeited.
YOUR TOUR OBLIGATIONS
You must ensure that you have a valid passport, visa and any vaccinations that are required. We will notify you of these, however, you are solely responsible for ensuring they are in place. You are solely responsible for your own travel insurance.
You must ensure that all members of your Booking arrive on time to all the events and activities of the Supplier. You are solely responsible for any late arrivals.
You permit us to photograph and/or video the events and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide Booking Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately refuse to deliver the Booking Services. We can also stop offering our Booking Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Booking Services. We will however, endeavour to notify you if we suspend or stop our Booking Services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Booking Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, any changes and any Force Majeure Events.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the supply of equivalent services; or
- the payment of the cost of the services.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the conduct rules, where you provide incorrect personal information, any disclosure of your personal information.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Booking Fee means the booking fees as further notified to you, or as advertised on our website.
Booking Services means the travel agency booking services we agree to provide to you.
Cancellation Fee means the cancellation fee as notified to you or advertised on our website.
Change Fee means the change fee as notified to you or advertised on our website when any changes are requested.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Consultancy Fee means the consultancy fee we charge you for our bespoke planning and advice
Departure Date means the date you are commencing your holiday.
Force Majeure Events include any pandemic, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Our Fees means all our fees, including the Booking Fee, any Urgency Fee, any Consultancy Fee, and Cancellation Fees where applicable.
Supplier Deposit means any deposit required by a supplier to secure your Tour.
Supplier Fees means all fees due and payable to the supplier for the Tour.
Tour means your tour package and is advertised on our website.
Urgency Fee means the urgency fee we notify to you where you request last minute travel.
We, us, or our means The Sustainable Traveller [ ABN 73627492157] and includes any of our employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means thesustainabletraveller.com.au everything available on this website including, but not limited to, all products and services.