These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Keith Prowse Travel” means Seatem Travel Pty Limited (ACN 003 276 775) .
A booking request is accepted when we issue a written booking invoice/reservation and you have paid your deposit. It is at this point that a contract between us and you come into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of any travel arrangements that we directly control.
PRICES & EXCLUSIONS
Unless otherwise stated prices are in Australian Dollars ($AUD), and are current at the time of publication. The most up to date pricing is available on our website. The price includes those services as per the published itinerary. If prices reduce or are discounted after you have placed your booking request, you will not be entitled to the reduced or discounted rate.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, quarantine expenses and all items of a personal nature are not included.
We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as a negative currency devaluation, fuel or airfare surcharges, or the imposition of new or amended Government charges.
We will not surcharge for currency fluctuations once full payment has been received by us.
A non-refundable 25% deposit per person or $500 (whichever is the greater), is required within 7 days of us issuing your booking invoice/reservation unless otherwise stated – for example some arrangements may require full payment upon the issuing of your booking invoice/reservation to secure services. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
Instalment & Balance Payments
Instalment and balance payments must be received in full by us by the date(s) specified on your invoice/reservation. We are under no obligation to remind you of an instalment or balance payment becoming due. Failure to make payment by the due date will be considered a cancellation by you, and cancellation charges as set out in these Booking Conditions will apply as if you had given written notice of cancellation.
CANCELLATIONS BY YOU
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:
· any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines, Event organisers and ground operators);
· a fee which is the greater of the deposit and 20% of the booking value to compensate us for work performed up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking) and our loss of expected profit from your booking; and
· a fee of $400 to compensate us for processing the cancellation and any associated refund.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time
You agree that these cancellation fees and charges are reasonable and required to protect our legitimate business interests.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once, we have actually recovered the amounts from the third parties. We will use reasonable endeavours to mitigate losses and to recover third party payments, but we make no guarantee that we will be able to make recoveries.
For escorted group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
ILLNESS DISRUPTING TRAVEL & QUARANTINE
If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19) you are prevented from commencing or continuing travel arrangements booked through us, then:
· if you have already commenced your travel arrangements, we will provide you with reasonable assistance to arrange alternative travel arrangements. This will be at your cost.
· if you have not commenced your travel arrangements then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of travel arrangements (or any part of them) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing travel arrangements in these circumstances.
If you are required to quarantine in destination or upon your return to Australia, then you agree that you will be responsible for all costs associated with quarantine requirements.
CANCELLATIONS BY US
Force Majeure - Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock-out, epidemic, pandemic, failure or delays of scheduled transportation, or any law, order, decree, rule or regulation of any government authority (including quarantine requirements or government travel advisories), or for any other reason beyond our reasonable control (Force Majeure), we may elect to:
· reschedule your travel arrangements, in which case we will issue you with a credit equal to amounts paid; or
· cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs, and less fair compensation for work undertaken (and associated overheads) and any commission paid to a travel agent up until the time of termination and in connection with the processing of any refund.
Any credit issued by us is not redeemable for cash and is not redeemable against flights or travel insurance
Force Majeure - During travel
If we cancel your travel arrangements after they have commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your travel arrangements for reasons beyond Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of alternative travel arrangements of substantially equal or better quality if appropriate.
We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $150 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs we incur associated with the amendments.
AMENDMENTS BY US
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your travel (where travel can still proceed), then we will notify you within a reasonable time to discuss options that may be available. Please note that the cancellation of one or more services or an Event will not entitle you to cancel any other services.
You acknowledge that the itinerary, modes of transport, accommodation and/or inclusions may need to change during travel due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules and/or vehicle breakdowns.
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.
EVENTS & TICKETS
Your travel arrangements may be associated with a particular event, for example a sporting event (Event). We do not operate any Event. You acknowledge that we have no control over the Event and will not be liable for any representations, actions, omissions of the Event organisers.
You acknowledge that the cancellation or postponement of the Event, or the withdrawal or disqualification of any team or individual (Event Change) will not in any circumstance be considered a cancellation of travel arrangements by Keith Prowse Travel. We will however use reasonable endeavours to obtain a refund of the cost we incurred to obtain any ticket(s) to the Event for you. We will promptly make a corresponding refund to you once received. If you choose to cancel your booking due to an Event Change, then cancellation fees and charges will be applied in accordance with the ‘Cancellation by You’ condition above.
We give no warranties (and expressly disclaim any warranty) that the Event will take place at a particular time, at a particular place, in a particular format, to a particular standard or at all.
Keith Prowse Travel does not issue any tickets. Tickets are issued by or for Event organisers. You acknowledge that all tickets are subject to the terms and conditions and limitations of liability imposed by the Event organiser and associated venue operators.
Tickets are non-transferable and cannot be exchanged. If you lose your ticket (or if it is stolen), we will use reasonable endeavours to assist you to obtain a replacement ticket from the Event organiser or other supplier. Additional charges may be payable. We make no warranty that the ticket will be able to be replaced, and we are in no way responsible if it cannot be replaced.
Venue maps are given as a guide only and are issued by venues or Event organisers. We will use reasonable endeavours to meet special requests, but we do not promise that we will be able to meet that request, or that tickets will be located in a particular area or sat together.
You must not advertise any ticket for resale. If you do so, you acknowledge that the ticket may be cancelled by the Event organiser. If there are any issues with your ticket and it does not permit entry to the Event for whatever reason, then you agree that our maximum liability is to refund you the cost we incurred to secure the ticket
Arrangements which include tickets must not be used for advertising or promotional purposes or trade incentives unless Keith Prowse Travel authorises in writing. Authorisation may be denied in our absolute discretion.
Tickets for Events within Australia are generally sent by post or by email as an e-ticket to your nominated address approximately 1-2 weeks prior to the Event. For international Events, tickets may be delivered to your hotel or may be sent as an e-ticket to your nominated address. Please ensure you have access to your email address while travelling.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.
A number of domestic and international flights may be included in your arrangements. All airfares are subject to subject to the terms and conditions of the airfare purchased.
It is your responsibility to contact the airline prior to departure as airlines have the right to reschedule or cancel flights. For significant delays, it is your responsibility to notify the third parties including but not limited to the transfer company, accommodation, tour company and Event organisers as no-shows or significant delays can result in involuntary cancellation. It is prudent to arrive to any significant Event a day ahead, especially if travelling internationally.
CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
It is a condition of your booking that you are adequately insured for the duration of your travel, including in respect of cancellations due to Force Majeure events. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
PASSPORTS, VISAS & VACCINATIONS
It is a requirement that you hold a valid passport and any required visas for your travel. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of your travel. Any information provided by us is given in good faith.
HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to travel. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
AUTHORITY & CONDUCT
If you are joining an escorted tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
If you cause any damage to property or injury to person, then you will be responsible for all and any loss or damage incurred by Keith Prowse Travel. This is irrespective of whether you are travelling on an escorted tour or independently.
Some escorted tours are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a tour fails to satisfy minimum numbers, the tour may be cancelled. If the tour is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affect by, or any additional costs incurred, because of cancellation.
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, for which we disclaim responsibility.
ADDITIONAL INDEPENDENT SERVICES
We are not responsible for any additional travel arrangements (for example, pre and post tour accommodation), activities or excursions that we sell as agent for the principal supplier. Where we sell travel arrangements as agent for the principal supplier, you agree that our responsibility to you is limited to arranging for you to contract with the principal supplier for the arrangements. You agree that you will be subject to the principal supplier’s booking conditions, and that any claim in connection with the supply of (or failure to supply) such travel arrangements must be made directly against the principal supplier.
ACCEPTANCE OF RISK
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of your tour or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements sold by us, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. You will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them.
In the event of the insolvency of an Independent Supplier prior to them delivering travel arrangements to you, our liability is limited to (a) using reasonable endeavours to recover payments made to them for your travel arrangements, which we will refund to you subject to receipt; and (b) using reasonable endeavours to put alternative travel arrangements in place, which will be at your cost.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
General liability limitation
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
Prior to submitting or publishing any negative public review of our services or your travel arrangements, you agree to first contact us so that we can discuss your concerns and any issues with a view to resolving them. You agree to promptly remove any reviews published in contravention of this obligation upon receiving notice from us.
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
We may take photographs or make recordings of you and your activities that identify you during travel. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your arrangements.
The contract between Seatem Travel Pty Limited trading as Keith Prowse Travel and you is governed by the laws of the State of Queensland. Any disputes will be dealt with by a court with the appropriate jurisdiction in Queensland.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Updated: March, 2021
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