Terms of service
1. Outline
Currency: These terms and conditions (Terms) apply to the supply of all our services including arranging flights, tours, accommodation and transportation to Tour sites listed on your itinerary, arranging Tour Extensions and Additional Services to you from the date that you accept these Terms.
Acceptance: You accept these Terms when you make a booking for any Tour supplied by us (or a booking is made on your behalf pursuant to clause 5).
2. Booking a Tour or any other Travel Arrangements
Price: Subject to clause 8 and clause 2.9, the price charged and payable for any Tour shall be:
the price displayed on our Website in Australian dollars on the date the Travel Arrangements or Tour are booked; plus
any applicable taxes, charges as well as applicable fees related to the Travel Arrangements or Tour.
Booking Confirmation/Deposit: A non-refundable deposit of 15% of the total applicable price chargeable for your Travel Arrangements or Tour (Deposit) is payable in order to confirm your booking plus Supplier Deposits as applicable to your Travel Arrangements or Tour. Upon receipt of your Deposit and Supplier Deposits, a binding contract is formed between you and us. Once a booking is confirmed in the name of one person, that name may not be changed. Your Booking Confirmation is subject to clause 14.
Invoice: Your Booking Confirmation will be sent to the email address you provide when making your booking. Any booking made within 90 days prior to your Departure Date must be paid in full at the time the booking is made to confirm the booking.
Balance: Payment of the balance of your booking is due no later than 90 days prior to the Departure Date unless otherwise stated. If you have not cancelled your booking 90 days or less prior to the Departure Date, and you default on payment of the Balance, we reserve the right to cancel your booking immediately or to demand payment in full.
Authority to make a booking: If you make a booking on behalf of a third party, you warrant that you have the authority of that third party to make the booking on his or her behalf and that that third party has read and accepts these Terms. You are liable for making payment of any booking you have made irrespective of the name in which the booking is made and related Service Fees and Additional Costs. You must compensate us for any losses we suffer as a result of any conduct of that third party leading to a breach of these Terms as if that third party were a party to these Terms.
Booking details: You must ensure that the accuracy of all personal details provided to us by you in relation to any booking.
Additional conditions: Unless otherwise agreed by us expressly in writing by reference to this clause, these Terms will prevail over, and we will not be bound by, any conditions (express or implied) added or provided by you.
Price Variation: Subject to your rights at law, we reserve the right to vary the price payable by you to us (Price Variation):
to account for the cost of any Tour Extension and/or Additional Services (and may require an additional non-refundable deposit at the time you book the Tour Extension and/or Additional Services); and
if up to and including the date you pay the Balance,
there is any movement in the cost of supplying the services specified in your Tour, Tour Extension and/or Additional Services or Travel Arrangements, including any Charges, and/or
movement in international exchange rates;
and to charge you for any loss caused by such movements in the cost.
Service Fees: If you request an amendment to your confirmed booking (Amendment) or additional services as set out below, in addition to the actual applicable Additional Cost, the following non-refundable Service Fees apply (provided, however, that these fees are subject to change from time to time):
Service Fee per person Fee (in Australian dollars)
Amendments to a confirmed itinerary
$100 plus any fees charged by third party suppliers
Amendments to a confirmed itinerary within 30 days of departure
$150 plus any fees charged by third party suppliers
Reissue of airline tickets
$150 plus any fees (incurred) charged by the airline
Amendments to Qantas, Jetstar & Virgin domestic tickets
$50 per ticket plus any fees charged by the airline
Amendments to international flight bookings
$100 per ticket plus any fees charged by the airline
Visa processing fee
$100 per visa
Booking fee for hotel accommodation for only 3 nights or less
$75 plus any fees charged by hotels
Amendments to rail tickets & passes
$50 plus any fees charged by third party suppliers
Amendments to hotel accommodation (including room change requests and booking additional nights)
$50 plus any fees charged by third party suppliers
Booking additional hotel rooms
$50 plus any fees charged by third party suppliers
Booking additional transportation services (including but not limited to taxi, guide, ferry)
$50 plus any fees charged by third party suppliers
Cancellation of Tour booking
$200 plus any fees charged by third party suppliers
Cancellation of hotel accommodation booking
$100 plus any fees charged by third party suppliers
GST: Unless otherwise stated, all prices exclude GST (noting that under Australian law, GST is not applicable to international travel).
Payment method: You must make all Payments by direct credit to the bank account nominated by us or by credit card or as otherwise indicated by us in writing. A surcharge of 1.5 -1.98% is applicable on any credit card payment subject to variation from time to time depending on the type of credit card and the country of origin of your credit card account. Details are available on request.
Late booking fee: Bookings made less than 30 days prior to departure from Australia will incur a late booking fee of $150 per person plus any applicable urgent visa processing fees.
International transactions: We reserve the right to pass on any fees levied on us by financial institutions for international transactions.
Itinerary changes: Either prior to the Departure Date or while on your Tour or Travel Arrangements, whether due to a Force Majeure Event or if we otherwise deem it appropriate, we reserve the right to adjust the itinerary of your Tour or Travel Arrangements (including, but not limited to, making changes to hotel accommodation or making arrangements for additional transport). Any Additional Cost likely to be or in fact incurred as a result of such rearrangements shall be discussed in advance wherever practicable. Such costs and applicable Service Fees will be added to the Total Price (on the Invoice) and be payable 90 days prior to the Departure Date (or if the itinerary change is made within 90 days prior to your Departure Date or after your Departure Date, within 24 hours of being told by us of such change). To the extent that we are not able to recover the Additional Costs from third party service providers, such Additional Costs are non-refundable, subject to statutory rights.
Pre-existing medical conditions: Prior to confirming your booking of a Tour, we reserve the right to ask you about your current state of health and any pre-existing medical conditions which may affect your ability to participate on the Tour you wish to book. If we deem it necessary, we may require you to provide a medical certificate from your doctor certifying that you are fit and healthy enough to participate on such Tour. We reserve the right to cancel your booking at any time, if you are unable to satisfy us that you are fit and healthy enough to participate in all activities on the Tour prior to the Departure Date. By accepting these Terms, you also accept the Privacy Policy displayed on our Website which addresses the collection of sensitive information.
If you arrive on any Tour displaying symptoms of illness that may affect other passengers and staff you will be denied participation on the Tour and any costs involved with amending your Tour will be paid by you.
Special requests: You are liable for any costs incurred by us to assist with special requests (including but not limited to requests related to dietary requirements, medical issues or special room configurations). We will provide you with a separate quote in writing for the costs of arranging such special requests. Special requests are subject to the ability of the third party supplier to deliver such special requests and we are not liable for any special requests which third party suppliers fail to deliver to you. If we deem that catering for such special requests disadvantages other travellers, we may refuse to meet such requests. Once arrangements have been made to accommodate such special requests, in the event that:
you cancel your Tour and/or Tour Extension OR Travel Arrangements; or
your Tour and/or Tour Extension OR Travel Arrangements are cancelled due to circumstances beyond our control,
such arrangement costs are non-refundable (however you may be able to recover any pre-payments subject to third party service provider terms and conditions).
Travel Documents: We will contact you when your Travel Documents are ready for you to come and collect. You must check all Travel Documents upon issuance to ensure your personal details, times and dates are correct (noting that any inaccuracy of a booking may result in the inability to use that booking and the booking may be cancelled and non-replaceable depending on availability).
Warranties: You warrant that:
you have read and accept the terms of our Privacy Policy (insert link);
if you have booked a Tour, you are and will be fit and healthy enough to fully participate in all activities included in your Tour and if you have developed any medical conditions since your booking was confirmed which may affect your ability to participate in all activities in your Tour, you have advised us of them prior to the Departure Date;
you are over the age of 18 and have sufficient funds to pay for your Tour and/or Travel Arrangements as well as Additional Costs and Service Fees and any other additional expenses you incur while on your Tour and/or Travel Arrangements;
any information you have provided us with respect to your booking is accurate; and
your passport is current and will continue to be current for at least 6 months after the End Date;
you will have obtained prior to the Departure Date appropriate visas for travelling to each of the countries listed in your booking taking into consideration the country of your passport and acknowledge that any fines, penalties, payments or expenses incurred as a result of such documents not meeting the requirements of the relevant authorities is your sole responsibility.
3. Your Tour
Your obligations: If you are travelling on a Tour you must:
strictly follow meet up times provided by us, by a third party on our behalf or any other relevant person in connection with your Tour;
ensure you are well prepared for the next day of the Tour in advance to ensure no delays in departure from hotels;
be mindful and respectful of other members on your Tour;
follow guides and not hold your Tour group up by wandering away from the Tour group on Tour excursions;
if you break away from the Tour for any reason (including medical reasons or otherwise) or if you do not appear at a specified departure point on time, catch up with the Tour group at your own expense;
not do anything which may have a negative impact on other members on your Tour and on the Tour itself; and
not make unreasonable requests taking into consideration the Tour packages you have selected.
Breach of your obligations on Tour: In the event that you breach any of your obligations in clause 3.1 to the extent that you have done something unlawful or are uncooperative to the effect that it is affecting the Tour or other members of your Tour, we reserve the right to exclude you from participating in the remainder of your Tour.
3. Insurance
Insurance: It is your responsibility to take out appropriate insurance cover taking into account your personal health, financial position, and any other factors related to your personal circumstances and your Tour and/or Travel Arrangements (including cover for illness, injury, death, medical and repatriation expenses, loss of baggage and personal items). You must ensure your insurance covers any instances where Additional Costs are incurred due to itinerary changes related to your Tour, Tour Extension or Travel Arrangements. We are not liable for any costs associated with any itinerary changes that may need to be made pursuant to clause 2.12. or any other event that occurs on your Tour, any Tour Extension or Travel Arrangements. If you ask us to arrange your insurance, you will be required to make a declaration that you have read and understand the applicable terms and conditions related to such insurance. If you have booked a Tour and you decline to take our travel insurance and cannot provide us with proof of alternative appropriate travel insurance prior to the Departure Date, we reserve the right to require you to sign a disclaimer or to cancel or suspend your participation in your Tour or certain activities, even after the Departure Date, with no refund.
5. Cancellation
Cancellation by you: Cancellation of your Tour and/or other services you have booked (ie Travel Arrangements, Tour Extension, Additional Services), or for which you are responsible, must be made in writing. If you cancel your booking (subject to any applicable statutory rights):
91 days or more prior to the Departure Date, other than your Deposit which is non-refundable (see clause 2.2), no additional cancellation charge will apply;
90 days prior to the Departure Date, we will retain the Deposit and 50% of the Balance;
between 89 days or less prior to the Departure Date, no refund of the Balance will be paid to you.
Refund policy when you cancel a Tour: We do not make any refunds in relation to the parts of a Tour you were not present for including but not limited to the following scenarios:
you fail to join your Tour on the Departure Date;
you join your Tour after the Departure Date;
you leave your Tour prior to its completion; or
you opt not to participate in certain parts of the Tour while on the Tour for whatever reason.
Refund policy when you cancel a part of your Travel Arrangements: We do not make any refunds in relation to parts of your Travel Arrangements (including but not limited to flights, transfers, excursions, stays in accommodation we have booked) you were not present for.
Cancellation by us: Subject to clause 5.4, we may, without limiting any other right we have under these Terms but subject to any applicable statutory rights, in writing or verbally cancel your Tour and other services you have booked (ie Travel Arrangements, Tour Extensions, Additional Services) without liability to you:
if you fail to make a Payment on time;
due to a Force Majeure Event;
if we reasonably form the opinion, at any time prior to the Departure Date or during a Tour, that having you participate or continuing to have you participate on your Tour or supplying any other services you have booked to you may have a negative impact upon other guests, our business or commercial reputation or image (on social media platforms or otherwise); or
if we reasonably form the opinion that you are bankrupt or may be unable to pay debts as they fall due.
Refund policy when we cancel your Tour and/or Tour Extension/Additional Services: Upon cancellation by us of your Tour, Tour Extension and/or Additional Services and/or Travel Arrangements, all Payments for all time incurred by us in arranging your Tour, Tour Extension and/or Additional Services and/or Travel Arrangements and any other monies due under these Terms become immediately payable. For the avoidance of doubt, as stated in clause 2.2 above but subject to any applicable statutory rights, the Deposit is non-refundable. In addition, we reserve the right to retain, subject to statutory rights:
any applicable cancellation fees which may include reasonable fees for cancelling the booking as well as any additional office costs reasonably incurred as a result of cancellations made by us due to any of the events in clauses 5.3.1 to 5.3.5; and
unrecoverable costs incurred in arranging your Tour including but not limited to Service Fees (noting that such arrangements normally start 12 months prior to your Departure Date and such work is performed over time, and as your Departure Date approaches, more and more time will therefore have been spent by us in finalising the finer details of your Tour and any Tour Extensions and that time is chargeable by us and is therefore non-refundable) and/or Travel Arrangements .
Third party fees: Where your Tour and/or Travel Arrangements has been cancelled due to a Force Majeure Event, we are not liable to refund you any fees we have charged you to pay a third party supplier (including, but not limited to, fees charged by airlines and hotels) to the extent that we are not able to recover such fees from the supplier (taking into account that when you cancel a booking, the supplier determines whether you receive a credit or a refund depending on their terms and conditions of purchase and, in normal circumstances, it may take 3 to 4 months to receive any refund from the supplier, if applicable, but may take much longer due to a Force Majeure Event).
6. Exclusions + Limitations
ACL exception: The exclusions and limitations in this clause 6 are subject to clause 7 (Statutory Rights).
Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
Limitations: No warranty is given and we will not be liable for:
interference with our services for which we are not responsible;
loss caused to you as a result of you finding you are unable to participate in certain activities during your Tour (due to an unexpected medical condition or otherwise);
loss caused to you as a result of you failing to safe keep any tour vouchers provided to you by us and failing to produce such vouchers during the Tour where required;
loss caused due to any injury suffered by you, death and/or any damage to your property and you acknowledge that there are certain risks associated with international travel (including but not limited to risks such as luggage being damaged while on your Tour and/or Travel Arrangements, risks associated with activities such as climbing mountains and bungee jumping, and the risk of contracting a disease or other medical condition while overseas or on any flight ) and accept such risks;
any incidental expenses that you may incur as part of booking your Tour, Tour Extension and/or Travel Arrangements or otherwise; and
loss caused by any factors beyond our control.
Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of any agreement which incorporates these Terms).
Total liability: Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to the cost of you have paid for your Tour to us at the date of such breach by us.
Third party service providers: We give no warranty in respect of any services that are supplied to you in relation to your Tour, Tour Extension and/or Travel Arrangements by a third party service provider. We are not liable for any event that may cause loss to you as a result of your using the services of third party service providers (including, but not limited to, hotel accommodation and transportation service providers relating to your Tour, Tour Extension and/or Travel Arrangements). Any warranties given by such third party service providers will be governed by the terms of supply by those suppliers to you and relevant laws.
7. Statutory Rights
Statutory rights: Certain statutory guarantees, warranties and rights may apply to your purchase of our services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws.
No restriction: Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
Unfair contract: If section 23 of the ACL applies to any provisions in these Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.
8. General
Indemnity: You agree to indemnify and keep us indemnified in respect of:
all damages, losses, costs and expenses (including legal costs), personal injury, death and damage to property as well as any costs to repatriate or medical expenses that we may incur as a result of your breach or alleged breach of these Terms or any breach of any law of the countries you visit while participating on the Tour or Travel Arrangements; and
any damages, losses, costs and expenses (including legal costs) we incur where you have injured a third party (including but not limited to fellow travellers) or have been negligent and caused harm or damage to that third party.
Lawful purpose: You must ensure your participation on the Tour, Tour Extensions and/or Travel Arrangement is only for lawful purposes and in accordance with applicable laws both in Australia and in countries you travel to on your Tour, Tour Extensions and/or Travel Arrangements.
Binding: These Terms bind our successors, administrators and permitted assigns and your executors and permitted assigns or your successors, administrators and permitted assigns (as applicable).
Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
New Terms: If we adopt new terms and conditions for the sale of our services:
you will be given written notice; and
Force Majeure: If a Force Majeure Event occurs, we may:
totally or partially suspend a Tour, Tour Extension and/or Additional Services or Travel Arrangements we have agreed to provide you during any period in which we may be hindered due to that Force Majeure Event; and
elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
If as a result of a Force Majeure Event, your Tour, Tour Extension and/or Travel Arrangements are rescheduled by us or we offer you a credit on another tour or other travel, and you instead wish to cancel your Tour, Tour Extension and/or Travel Arrangements prior to the Departure Date, you may do so and request a refund, provided however that we reserve the right to retain, in addition to the Deposit, and subject to statutory rights:
any applicable cancellation fees which may include reasonable fees for cancelling the booking as well as any additional office costs reasonably incurred by us; and
any unrecoverable costs incurred in arranging your Tour, Tour Extension and/or Travel Arrangements including but not limited to Service Fees (noting that such arrangements normally start 12 months prior to your Departure Date and such work is performed over time, and as your Departure Date approaches, more and more time will therefore have been spent by us in finalising the finer details of your Tour, Tour Extensions and/or Travel Arrangements and that time is chargeable by us and is therefore non-refundable).
If a Force Majeure Event occurs during your Tour, Tour Extension and/or Travel Arrangements, we are not liable for any loss that you may incur while overseas due to such event which prevents the Tour, Tour Extension and/or Travel Arrangements from proceeding to the End Date.
Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
Complaints: We are ATAS accredited agents and meet the strict criteria of ATAS. However, if you have any complaints, please notify us. If we are unable to resolve this matter with you to your satisfaction, you may lodge your complaint with ATAS and it will be reviewed pursuant to the ATAS Code of Conduct which can be accessed on the ATAS website.
Governing law: These Terms shall be governed by the laws of the New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
9. Interpretation + Definitions
Personal pronouns: Except where the context otherwise provides or requires:
the terms we, us or our refers to TTH; and
the terms you or your refers to any person or entity that books a Tour, Tour Extension, Additional Services and/or Travel Arrangements with us and agrees (by conduct, notice or otherwise) to be bound by these Terms, including any related company, related party, officer and authorised person of the relevant person.
Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Additional Cost means any additional cost applicable to Tours, Tour Extensions and Additional Services.
Additional Services means services not included in your Tour or Tour Extensions the price of which is agreed on a case by case basis depending on the services required.
AFTA means The Australian Federation of Travel Agents Ltd (ABN 72 001 444 275) of Suite 3, Level 31/31 Market Street, Sydney, New South Wales 2000.
ATAS means the AFTA Travel Accreditation Scheme administered by AFTA.
Booking Confirmation means an email from us confirming your booking and the amount payable by you to us.
Charges means any sales tax, excise duties, customs duty, transfer duty, GST or any other taxes, duties or charges applicable in respect of the provision of the Tour, Tour Extensions and/or Additional Services.
Departure Date means the date your Tour or Travel Arrangements commences as specified on your Booking Confirmation.
End Date means the date your Tour or Travel Arrangements finishes as specified on your Booking Confirmation.
Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to: compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, natural disasters, fires, floods, strikes, lockouts, embargoes, wars, pandemics, epidemics, quarantine, public health crisis, labour or material shortages, riots, insurrections, defaults of third party service providers, delays in transportation, or lack of instructions from you.
GST carries the meaning as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Invoice means the online invoice issued to you (or the person booking your Tour and/or Travel Arrangements) upon booking a Tour and/or Travel Arrangements as updated from time to time if you (or the person booking your Tour) request Amendments, Tour Extensions and/or Additional Services.
TTH means Bundabah Travel Pty Ltd trading as Travel & Tour Hunters of 1356 Paterson Road, DUNS CREEK NSW 2321 Australia.
Payment means payment of any amount relating to your Tour, any Tour Extension and/or Additional Services and/or Travel Arrangements in accordance with these Terms.
Supplier Deposits means non-refundable deposits payable to and required by airline carriers, hotels and other third party service providers at the time of making your booking.
Total Price means the Price plus any Additional Costs and Service Fees plus or minus any applicable adjustments in the total amount payable to you due to Price Variations displayed on your Invoice.
Tour means the tour package you have booked as specified in your Booking Confirmation.
Tour Extension means any additional tours provided on days prior to the Departure Date or after the End Date.
Travel Arrangements means any bookings for travel (including but not limited to flights, accommodation, transfers and travel excursions while on your trip) listed in your itinerary which are not included in one of our Tours excluding Additional Services and Tour Extensions.
Travel Documents include but are not limited to airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm arrangements with a third party service provider.
Website means https://www.travelandtourhunters.com.au.
AUSTRALIAN GOVERNMENT BORDERS:
I acknowledge that Travel and Tour Hunters is not liable to pay for any changes that may occur to my booking due to government enforced border closures that happen after my booking is locked in.
It is your responsibility to check with the relevant sites regarding Entry/Exit to the State you are travelling to/from.
I understand that I may need to complete a declaration to gain entry into my destination within Australia and that Travel and Tour Hunters is not liable to pay for any changes if your declaration is denied by government authorities.
COVID 19:
Coronavirus (COVID-19) If any person on the tour shows symptoms or tests positive to COVID-19, Travel and Tour Hunters will not be held liable for any expenses that may result. The tour group will most probably be placed in quarantine (this will be determined by the relevant government authority). The cost of the mandatory government-designated hotel quarantine will NOT be covered by Travel and Tour Hunters. The passengers will be responsible for any costs (wouldn’t be covered by insurance). Travel and Tour Hunters will not be held liable for any expenses that may be incurred due to a snap lock-down.