Terms and Conditions

 

Spirit Odyssey Pty Ltd ABN 40 626 471 350 (“we”, “us” and “our”) agrees to provide the tour for you based on these Terms and Conditions.
“you” and “your” means all persons named on the booking form (including anyone who is added or substituted at a later date).
These Terms and Conditions along with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us for your booking (‘your arrangements’). Please read them carefully as they set out our respective rights and obligations.
By making a booking, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

1. Booking confirmation & payment terms

a) You make a booking request by submitting a completed booking form and paying a deposit of 50% of the cost of the tour to us.
b) We reserve the right to reject your booking request without specifying a reason.
c) If we accept your booking request, we will issue a booking confirmation and an invoice/receipt for payment of the deposit, which is 50% of the tour price.
d) You must pay the deposit either when you submit the booking request, or no later than 7 days after we issue the invoice. At the same time, you must provide us with a scanned copy of your passport.
e) We reserve the right to cancel your booking if your deposit is not received by the due date.
f) We will be legally bound to provide the tour for you only if we accept your booking request and you have paid the deposit.
g) Payment of the balance of the tour price, which is 50% of the cost of the tour, is due 90 days prior to the tour commencement date.
h) If your booking request is made less than 90 days prior to the tour commencement date, the whole tour price shall be due upon booking.
i) We reserve the right to cancel your participation in the tour if the tour price or the balance tour price (as the case may be) is not received by the due date.
j) You must give your names, titles and details correctly at the time of booking and they must match your passport. Any changes to names made after booking confirmation may result in supplier-imposed fees payable by you.
k) Payments are made by bank transfer into our nominated bank account. We are not responsible for interbank payment commissions applied between your bank and our processing bank.

2. Price changes

a) Prices quoted on our website and in our promotional material are based on our costs and the exchange rate at the time when the prices are posted. The prices may go up or down in line with variations in costs.
b) We reserve the right to alter prices in at any time until we issue a booking confirmation.
c) You will be advised of any price changes when you book. Prices will also be updated on our website and in our promotional material.
d) The price stated in our booking confirmation is guaranteed and will not be subject to variation, provided the deposit and the price is paid by the due date.

3. Change of itinerary

a) Because we plan our itineraries and tour arrangements many months in advance, we must reserve the right to make changes or to amend the itinerary and tour arrangements for a tour that is booked due to significant and unforeseeable changes in circumstances (a force majeure event). We will make changes provided they do not adversely affect the overall structure of the tour. If they do, we may cancel the tour.
b) If accommodation, visit or activity included in the tour itinerary or tour arrangements is not available at the time the tour is to be carried out, we will provide a substitute of equal or greater fair market retail value, at no additional cost to you.
c) We will notify you of any changes of itinerary or tour arrangements as soon as they are made.
d) We will not be liable to make a refund to you and will have no obligation to you for any compensation or damages, for any loss, consequential or indirect damages, expenses, loss of time or inconvenience, loss of opportunity or loss of enjoyment in respect of such changes, other than under a statutory warranty.
e) Such changes may not be used by you as a reason for you to cancel a tour.

4. Cancellation by you, transfer of booking

a) If you decide to cancel your tour, you must notify us immediately in writing (by email to info@whaleswims.com.au. Cancellation will take effect only upon receipt by us of your written notice.
b) The following cancellation charges will be payable:
i. If the cancellation is made more than 90 days prior to the tour commencement date, your cancellation charge will be 50% of your deposit.
ii. If the cancellation is made 90 days or less before the tour commencement date, your cancellation charge will be 100% of the tour price.
c) No refunds will be made if you decide once a tour has commenced to not join or participate in the tour or any of the tour activities or services.
d) We may agree to the transfer of that person’s booking to another person who satisfies all the conditions applicable to the tour, provided you give reasonable written notice (at least 21 days) of the intention to transfer the booking before the tour commencement date. Our agreement to transfer will be conditional upon full payment of the tour price and any additional costs relating to the transfer.

5. Cancellation by us

a) Minimum tour group numbers may be needed for a tour to proceed. We reserve the right to cancel a tour if minimum numbers are not reached 90 days prior to the tour commencement date. If we cancel the tour for this reason, you will be entitled to receive a full refund within 2 weeks after we cancel the tour. No compensation will be paid for the cancellation.
b) We will not be responsible to conduct the tour or to complete the tour if the performance is prevented or delayed by a force majeure events, which means: unforeseen circumstances outside of our party’s control, and may include adverse weather or road conditions, natural disasters, the closure of a place or a route, civil and government disturbances, acts of God, acts of terrorism, an epidemic, a pandemic, war, strikes or other industrial relations matters, accidents, defects in machinery, breakdown of equipment, weather, quarantine, loss of baggage, traffic, airport conditions, lack of performance by third party suppliers and other events that necessitate changes to the itinerary or operating difficulties imposed by the owners and/or operators of accommodation, facilities or transport, or events in places or countries which result in a Level 3 or Level 4 Travel Safety Advice being issued by the Australian Department of Foreign Affairs and Trade or a travel ban (closure of borders) being ordered by the Australian Government or the Government in the destination. No refunds will be given in this event.

6. Tour inclusions and exclusions

a) All tours commence in accordance with the tour itinerary.
b) Please refer to the itinerary for your tour for tour inclusions and exclusions.
c) Tour prices are per person based on double or sole occupancy of accommodation as outlined in the tour inclusions.
d) While we book the same standard of room for all guests, the allocation of rooms is at the discretion of the hotel. You acknowledge and accept that allocated rooms may vary in standard.
e) Single supplements may apply to some tours and will be clearly specified in the tour price, to reflect fees and charges passed on to us by our suppliers.

7. Luggage

a) We are not responsible for any luggage or personal effects losses, injuries, thefts or unforeseen expenses incurred by you while participating in the tour.

8. Passports, Visas & health requirements

a) You must provide us with a scanned copy of their Passport photo page when making your booking request or when paying the deposit.
b) It is your responsibility to have a valid passport to travel. Your passport must be valid for a minimum of six months from the due date of your return.
c) Visas are your responsibility.
d) You should be aware of the local safety, laws and health and security warnings for your destination country.
9. Health & fitness
a) A reasonable level of fitness and good health is required to participate in the tour.
b) If you, or any member of your party have a medical condition or disability that might affect your participation in the tour, or might reasonably be expected to increase risk of you requiring medical attention, or that might affect the normal conduct of a tour and negatively impact other tour group members, you must tell us at time of booking.
c) If so, we may ask you to complete a medical assessment form to find out whether we can suitably accommodate you or them.
d) If after such assessment we reasonably feel we are unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking.
e) You understand that you are under a duty to inform us of the application of any medication requirements, allergies and other physical or mental condition or limitation that might disable or render you unable to participate in or safely complete any part of the tour. You understand that you are required to notify us of any change to your medical condition.
f) Neither we nor any of its suppliers are qualified or equipped to provide health of medical assistance services.

10. Mandatory travel insurance

a) We require you to hold comprehensive travel insurance before you commence your tour.
b) A Certificate of Insurance, including your policy number, must be supplied to us prior to final payment. If you fail to provide the Certificate of Insurance by the deadline, we reserve the right, acting in our sole discretion, to cancel your booking and apply charges as per our cancellation policy.
c) Your travel insurance must include cover for cancellation, medical and repatriation expenses, personal injury, death, cover for loss of baggage, money and valuables, personal liability, delay, curtailment, missed departure and legal expenses.
d) If you suffer from a disability or medical condition, this may be a pre-existing medical condition which must be disclosed to your insurer when applying for travel insurance.
e) Insurance cover offered by credit card companies or reciprocal medical cover agreements may not qualify for these purposes as it may be limited or need a certain level of expenditure with the credit card to be triggered.
f) If cover is excluded under a travel insurance policy through your action or inaction, you accept that responsibility remains with you.

11. Authority of the Tour Manager

a) At all times, our decision will be final on all matters likely to affect your safety and well-being. This includes any decision that we make about your ongoing participation in the tour or certain activities that comprise part of the tour.
b) If you fail to comply with a direction made by us, or you exhibit anti-social behaviour or are abusive to us or other members of the group, or interfere with the well-being of the group, then we reserve the right to terminate your continued participation on the tour and may require you to leave the tour immediately. If so, we will not be liable for any compensation, costs, damages or losses arising from such termination.

12. Limitation of liability

a) We work with service providers (“tour suppliers”) who share our commitment to safety and quality. Such services are supplied subject to their terms and conditions and are subject to the laws and regulations of the place.
b) We do not maintain any control over the way in which the tour suppliers conduct the tour and assume no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any wrongful, negligent, wilful, or any unauthorised acts or omissions on the part of any of the tour suppliers.
c) No responsibility is accepted for any loss, expense, accident, injury, or damage to any person or property due to force majeure events.
d) We strongly urge you to take a high level of personal responsibility in order to ensure that possessions, equipment and personal documents are always closely monitored and protected.
e) You must comply with the local law while on the tour. We will not accept responsibility if you contravene any law or regulation while on tour.
f) You indemnify us from and against any liability, actions, demands, claims, suits, causes of action, proceedings, costs and expenses of whatsoever nature which may be taken or made against or incurred by us in relation to your participation in, and your activities during the tour.

13. Arrivals & departures

a) It is your responsibility to take note of the date and time your tour commences, prior to you making any flight or train bookings, so as to ensure that your arrival and departure arrangements fit in with the tour itinerary.
b) If you miss the scheduled pick-up time for your airport transfer arrangement, we will assist you to make alternative arrangements at your expense.

14. Special requests

a) Special dietary or other requests must be noted at the time of booking and confirmed to us in writing on your booking request.
b) While we will endeavour to meet all requests for special dietary requirements or other requests, these cannot be guaranteed and a failure to meet them will not be considered to be a breach of contract on our part.

15. Legal

a) No-one has any right to alter, vary or waive any of these Terms and Conditions, nor do they have the right to undertake any liability whatsoever on our behalf unless such alteration, variation, waiver or undertaking is in writing and is signed by a duly authorised representative on our behalf.
b) All contracts with us are governed by Australian Law and are subject to the exclusive jurisdiction of the Australian Courts.

16. Photographic consent, privacy & data protection

a) You understand that our future marketing and promotional material may include statements made by you, or your photographs, or videos, and you consent to our use of your comments and/or photographic / video likeness.
b) If you do not consent to this use must advise us in writing prior to the tour commencement.
c) For us to process your booking and provide the services of the tour, you are required to provide us with your personal information, which may be required by our suppliers as part of their service provision to you and to us. Some of the persons to whom we provide your personal information are in other countries and so you may not have the same level of protection of personal information as required by Australian law. By making a booking, you give us your consent to use and disclose your personal information in the manner described in this clause.

Declaration

I/we and every person on whose behalf I/we make the booking have read, understood and accept the Terms and Conditions form part of the booking made with Spirit Odyssey Pty Ltd.

All Participants’ Names/Signatures/Date