BOOKING TERMS & CONDITIONS
Please read the following Booking Terms and Conditions (Agreement) carefully. You must not make a booking with us unless you understand and agree with the terms and conditions of this Agreement. References to “us”, “we”, and/or “are” in this Agreement shall mean Emma Williams trading as WeExplored Tahiti (WeExplored). This Agreement shall apply to all bookings you make whether with our consultants, over the telephone or by email. This Agreement constitutes the entire Agreement between you and us unless otherwise varied in writing by us.
1.TRAVEL, TRAVEL PRODUCTS & AVAILABILITY
When you request a quote or book any service or products with us (Travel Products and Services), you acknowledge and agree that you have read and understood the terms and conditions of this Agreement. The Travel Products and Services we arrange are provided by suppliers we believe to be reputable and who operate in accordance with the standards set by their local authorities. Those Travel Products and Services are provided in accord with the terms, conditions and limitations of those suppliers. Such terms, conditions and limitations may exclude or limit liability in respect of damage, death, delay, injury or loss to persons and/or their effects etc. We accept no responsibility for the suppliers, or make or give, any warranty or representation as to their standard, quality or fitness for any particular purpose. You acknowledge and agree that any legal recourse that you may have in respect of those Travel Products and Services is against those suppliers and not against us. You are responsible for ensuring your compliance with all relevant law of countries visited including, but not limited to, laws relating to immigration, passport, visa, health, quarantine and custom. You should check the requirements of those countries you intend to visit with their relevant authorities – embassies, consulates etc. Official travel advice issued by the Australian Department of Foreign Affairs and Trade is available by calling 1300 555 135 or visiting their website www.dfat.gov.au. We recommend that you review this information prior to making your booking and prior to your departure. We also strongly recommend that you register your upcoming travel plan through the smarttraveller.gov.au website.
When we assist you with providing Travel Products and Services, we will assume that all travellers on the booking have a valid Australian passport. If this is not the case, you must let us know at the time of booking. Any fines, penalties, payments or expenditure incurred as a result of you, or the travellers on the booking, not having valid travel documents, including (but not limited to) passports and visas, will be your sole responsibility (except to the extent caused by fault on our part). Note: All travellers must have a valid passport for international travel and many countries require at least six month's validity from the date of return.
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also recommended by the Department of Foreign Affairs and Trade for all overseas travel. We recommend that you purchase travel insurance against forfeiture of payment, loss of deposit, cancellation charges, baggage loss, medical expense, theft and other contingencies. To take out travel insurance through us, please contact your consultant. We make no representations as to what you may recover under any insurance. You agree not to hold us responsible for any decision of insurers, and/or any supplier or the requirements of any foreign government, authority, foreign law or policy.
All Travel Products and Services shown on our site may be booked, subject to availability at the time of booking. We have taken considerable care to compile the information on our website but circumstances outside of our control may necessitate changes in our itineraries or accommodation for reasons such as bad weather, damage to hotels etc. We reserve the right to cancel or reschedule departures and itineraries if required by circumstances beyond our control. Where it is necessary to change a hotel, we will endeavour to substitute accommodation of no lesser standard.
2. PRICES
All prices are subject to availability and can be withdrawn or varied without notice. The prices are only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur for reasons outside our control (including for example, adverse currency fluctuations, fuel surcharges, taxes and airfare increases) which increases the cost of the product or service.
We endeavor to ensure the accuracy of all prices displayed on our website. Prices are specified in Australian dollars unless otherwise stated and are subject to change without notice until all of your booking details have been provided to us, we have confirmed your booking and you have paid in full for the number of persons, items or time periods and on the conditions stated on the relevant page of the website.
If we have already accepted your deposit or full payment, we will notify you of any such change that results in the price being materially different to the price at the time of booking. In such situation, if you do not wish to alter your travel arrangements in accord with the new price, you may cancel them and the monies you have already paid, less any charges levied by the suppliers, will be refunded. Any refund will be calculated at the currency exchange rate that applied when your booking was confirmed.
All government taxes and charges imposed by suppliers or third-parties including ticketing fees and airline fuel charges are payable by you and are subject to change. If there are any increases in such taxes, charges or supplier rates or any currency fluctuation which increased the price of your booking, we reserve the right to change the price you must pay for adding the additional charge or amount (together with any applicable service fee and GST) at any time prior to and including the date of your departure, even if we have received full payment from you.
Airfare prices and conditions are subject to change or withdrawal without notification until the airline tickets are issued (i.e. foreign currency airfares and airport taxes may fluctuate and are subject to the rate of exchange of the date of ticket issue). Full payment is required before tickets can be issued. We are not responsible for any increases in prices or changes in any airfare prices. If we become aware of any potential airfare increases, we will notify you when your booking is confirmed.
3. ERRORS
We reserve the right to correct any errors made in relation to your booking, notwithstanding we have received full payment from you and the error relates to the price charged.
4. EXCLUSIONS
The price for the Travel Products and Services includes only the information provided on our Quotation/Invoice and does not include beverages and meals (other than those detailed in the itinerary) insurance, laundry, passport and visa fees, telephone calls, tips, coach drivers, local guides, items of personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or a refusal of entry to, detention in, or expulsion or repatriation from a country or part of a country. We are not liable for any expense, cost or loss incurred in relation to such matters and you release us from all liability, damages or responsibly in relation to same.
5. HOW TO BOOK
To make a booking with us, please contact our office and we will work with you to arrange an experience customised to your needs. You are required to complete our Booking Form. We will then provide you with a written quotation for the Travel Products and Services requested. It is your responsibility to ensure that names used to make the booking are exactly as they appear in the respective passports. Please be aware that any name, initial or spelling changes made after booking confirmation may result in a supplier imposed fee and/or you being unable to travel. You are required to make a payment of $250.00 per person to proceed.
6. QUOTES
All written quotes indicate the price for the Travel Products and Services only and unless specified otherwise, does not guarantee the availability of the Travel Products and Services. A quote for Travel Products and Services is valid for seven (7) days from the date the quote is sent to you provided that the Products and Services are available at the time of booking.
7. PAYMENT
Once we have received instructions from you that you wish to purchase the Travel Products and Services, we will arrange to provide you with the relevant quote and confirmation of the availability and pricing. By making a booking with us, you will be providing confirmation that you have checked the Travel Products and Services being booked and have read, understood and agree to these booking terms and conditions and any terms and conditions specified in the quote. You must then pay to us: -
(a) A non-refundable deposit of at least $250.00 per person at the time of Booking; and
(b) Any amount we notify you when confirming availability and pricing in respect of the Travel Products and Services you request, within the time we notify you (i.e. certain Travel Products and Services may require a further payment, up to full payment, to confirm the booking).
Your travel arrangements will be booked upon receipt of a deposit or other payment. Only after we receive the deposit or other payment will we issue you with a confirmation invoice that the booking is accepted. A subsequent payment of $1,500.00 per person may be required within 30 days to pay for the airfares and taxes. The balance of the price of your booking must be paid no later than 60 days before (or any other time stated by us) your departure. If you fail to make the required payment, we will assume your booking is cancelled.
8. BOOKINGS BY CREDIT CARD
Credit card surcharges will apply when paying by credit cards. Any payment made by credit card will attract a non-refundable service fee which is payable at the time of payment. The details of the service fees will be listed on your invoice for the Travel Products and Services.
9. AMENDMENTS
If you amend your booking after it has been confirmed you must pay us an administrative fee of $50.00 to cover communication and administration costs and any cancellation and/or amendment fee imposed by suppliers such as accommodation providers and other suppliers. We will, to the extent possible, advise you of all applicable cancellations and/or amendment fees when confirming your booking. This fee is not payable if the total value of your Travel Products and Services increases.
10. CANCELLATION AND REFUNDS
Cancelled bookings may incur supplier fees, which can be up to 100% of the cost of the booking regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed or when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking in which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
If you cancel your booking after we have confirmed your arrangements, but before you utilise the Travel Products and Services, the following will apply:
(a) If you cancel 60 days or more before your departure date, you will be refunded the amount already paid excluding the non-refundable $250.00 deposit for airfares and taxes and any cancellation fees imposed by the suppliers of the Travel Products and Services (including airlines);
(b) If you cancel 60 days or less before your departure date, you will forfeit your entire payment.
Cancellation fees cannot be waived. If you have paid any amount to us in respect of a booking we may use such amount to pay the above costs and fees. Any difference will be refunded to you. Please be aware that the earlier you cancel your booking the lower cancellation fees will likely be. After your travel has commenced, there can be no refund in respect of any Travel Products and Services not utilised whether by choice or because of late arrival or early departure, including failure of a transport to operate according to schedule. Employees of any supplier are not authorised by us to give you any undertakings in respect of refunds or other matters. If an event is cancelled by a supplier, Tahiti Mana will not be liable to you. We will however provide a refund whenever possible excluding any non-refundable monies paid to a third party supplier. Whilst we advertise an Event with a specific Host, if that Host for whatever reason is unable to attend, Tahiti Mana reserves the right to proceed with the Event without the presence of that Host. Tahiti Mana will do all things reasonable to replace that Host with a Host of similar experience and qualifications. Our standard cancellation procedures will apply if you wish to cancel your Booking.
11. LIMITATION OF LIABILITY
We arrange the provision of Travel Products and Services which are provided by third party suppliers. We do not provide the Travel Products and Services you will receive on your holiday.
Supplier’s Terms and Conditions.
Supply of the Travel Products and Services will be made to you upon the supplier’s terms and conditions in use at the relevant time, including by way of example, itineraries, coupons and exchange orders (Vouchers) and in accord with the supplier’s applicable laws, requirements and policies of any government authority related to, among others, visas, entry, exit or transfer requirements. Your acceptance of the Vouchers constitutes those terms and conditions as the entire agreement between you and the relevant supplier and you bare all costs or losses incurred as a consequence of your failure to comply with them.
Exclusion of Liability
In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements or any other act of omission or default (whether negligent or otherwise) of any supplier nor are we liable for any loss or damage to baggage or property, injury, illness or death, or any other loss (including consequential loss), damage or any claim whatsoever arising from an act, error, omission, default or negligence of any person not our direct employee or under our inclusive control. We are not responsible for any criminal conduct of a third party.
Where a motor coach seat is fitted with a seatbelt, neither we nor any supplier concerned will be liable for death, injury or any loss or damage you suffer from an accident or incident if you are not wearing the safety belt at the time of such accident or incident. We are not liable for any injury, damage, loss, delay, additional expense or inconvenience caused by your acts, omissions or defaults, your state of health, medical condition or circumstances or other reasons which are beyond our control, including force majeure events or failure of machinery or equipment.
Warranties
To the extent permitted by law, all express and implied warranties, guarantees, representations or terms are expressively included. Whether law implies any warranty, guarantee or condition which cannot be excluded, our ability to you for breach therefore is limited to the supplying of services again or payment of the cost of having the services supplied again.
Maximum Liability
Despite any other provision of these Terms and Conditions, to the extent permitted by law, our maximum liability to you or any third party is limited to the price you have paid to us for the booking.
12. COMPLAINTS
We endeavor to ensure that the arrangements we have made for you are implemented as arranged. If however a problem occurs, the most practical way to deal with it is to attempt a resolution with the supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing with supporting documentation including efforts made to the supplier to resolve it directly to us within 30 days of your holiday concluding.
In the event of insolvency by a third party supplier, you must contact the supplier directly and the supplier’s terms and conditions will apply. Tahiti Mana will not be liable to you for any payments made to such third party supplier.
13. HOTEL DESCRIPTIONS AND PHOTOGRAPS
Hotel and facility descriptions featured on our Site are based on hotel guidelines and information provided by suppliers. This may change from time to time. Pictures utilised may not reflect the exact room, décor, view or other specification.
14. PRIVACY
We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy. By proving personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and consent to us collecting, using and disclosing your personal information and detailed in our Privacy Policy. In particular, you agree that in certain circumstances, such as where you request us to book international travel for you, we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service provider (e.g. accommodation or tour providers) with whom you seek to make a booking. These travel service providers will in most cases receive your personal information in the country which they provide the services to you or in which the business is based.
We may also disclose your personal information to our overseas related entities and to service providers who perform services for us outside of Australia. Generally, we only disclose your personal information to the overseas recipient in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any overseas recipient, you agree that we will not be required to ensure the recipients compliance with Australian privacy laws or otherwise accountable for how the recipient handles your personal information.
Your booking of any Travel Product constitutes your representation to us that you have read our Privacy Policy and accept its application to you.
You consent to us publishing photographs or videos from any trips for our marketing purposes. If you do not agree to this, we ask that you notify us in writing prior to the publication of any photos or videos.
15. OUR WEBSITE
By using the website to browse any Travel Products and Services you represent that you have read our privacy policy posted on the site and you accept its application to you.
16. LAW AND JURISDICTION
The Agreement between you and us in respect of the Travel Products and Services to be provided is constituted solely by these Booking Terms and Conditions and governed by the law of New South Wales, Australia. If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales and waive any right that you may have to object to any action being bought in those courts.
17. ACKNOWLEDGEMENT
I acknowledge that I am eighteen (18) years or older and that I understand and agree with the above Terms and Conditions
18. UNDERSTANDING THESE TERMS AND CONDITIONS
If you do not understand any aspect of these Terms and Conditions you should seek advice from an appropriately qualified person.