Please read these Terms & Conditions carefully. You must not make any booking with Globetrotting Pty Ltd unless you understand and agree with these Terms & Conditions. By proceeding with your booking, you are accepting these Terms & Conditions in their entirety.
In these Terms & Conditions:
- a reference to “we”, “us” and/or “our” is a reference to Globetrotting Pty Ltd; and
- a reference to “you” or “your” is a joint and several reference to the leader of your group as nominated in the Booking Form (“Party Leader”) and each individual participant specified in the Booking Form (“Rider”).
1 Making Your Booking
1.1 To make a booking with us, you must complete the booking form provided on our website (Booking Form). By completing and submitting the Booking Form to us you:
(a) warrant that you are at least 18 years of age;
(b) enter into a binding contract with us consisting of the Booking Form and these Terms & Conditions;
(c) warrant that the information you have provided to us (including in the Booking Form) is true, complete and accurate. In particular, you warrant that each Rider has the experience and capability as described in the Booking Form;
(d) are responsible for all payments due in respect of the booking; and
(e) expressly authorise us to make travel bookings on your behalf and to arrange the relevant contracts between you and our suppliers as your agent.
2 Deposit and payment balance
2.1 You will be required to pay a non-refundable deposit of 50% of the total booking cost when making your booking, unless:
(a) the booking is made 10-weeks or less before departure, in which case, full payment must be made when booking; or
(b) we have agreed to enter into a payment plan with you (see clause 3 below), in which case your deposit will be the amount specified in the payment plan.
2.2 Your booking will only be confirmed when the Party Leader has made payment of the required deposit, or, if full payment is required, payment in full has been received by us.
2.3 An email will be to the Party Leader with an invoice for the balance of your booking cost (i.e. the total booking cost less the Deposit and any instalments (if applicable) paid) (“Final Invoice”) 11 weeks before your departure date.
2.4 You agree to carefully check the invoice when it is received and immediately contact us in writing if you wish to make changes.
2.5 If payment of the Final Invoice is not made in full by the due date specified in the Final Invoice, we may cancel your booking.
2.6 Subject to your rights under the Australian Consumer Law, except where these Terms & Conditions expressly provide for payment of a refund amount, in no circumstances will amounts paid be refunded or refundable.
3 Payment Plans
3.1 We may, at our discretion, agree to enter into a payment plan with you, on the following terms:
(a) the total cost of your booking will be divided by the number of payments to be made under the payment plan;
(b) the first payment under the payment plan is taken as a deposit to secure your booking;
(c) you will then be invoiced for the subsequent payments at regular intervals between the date you make your booking and your departure date. The exact date of issue for each invoice will depend on your departure date. We calculate the dates on which your payments are due by:
(i) ensuring that the final invoice is issued 11 weeks prior to your departure date;
(ii) we then calculate the number of days between the date on which your booking is made and the date on which your final payment is due;
(iii) we then divide that number of days by the number of payments to be made under the payment plan to calculate the number of days between each payment;
(iv) we then add the applicable number of days to the date you made your booking to identify when your first payment is due, and so on; and
(v) we will then issue invoices for each payment, seven days before payment is due.
For example: John makes a booking with us on 1 January and we agree a payment plan of five instalments. His group is not due to depart until 1 January of the following year. There are 365 days between those dates. The fifth and final payment will be invoiced on 16 October, which is 11 weeks before the departure date of 1 January. There are 288 days between 1 January and 16 October. 288 days divided by 5 is 58 days. This means that we would provide you with invoices every 58 days from 1 January.
(d) in the event that you fail to make any of the payments under a payment plan by their due date, we may cancel your booking after providing you with written notice that payment is due and outstanding and you fail to make payment within 5 business of such notice.
3.2 Whilst we will always endeavour to issue you with invoices pursuant to the payment plan referred to in 4.1, sometimes this is not always possible. If, for some reason, we do not invoice you strictly in accordance with the invoicing protocol referred to above, we reserve the right to issue invoices outside of those time frames and the due date for payment will be the date specified in the invoice that you’re issued with.
4 Payments by Credit Card and Debit Card
4.1 All payments made with credit cards and debit cards will attract a surcharge based on the currency in which payment is made as follows:
(a) for payments made in USD, CAD, EUR, GBP – 2.5% + a 30 Australian cents transaction fee; and.
(b) for payments made in AUD using a domestic card – 1.2% + a 30 Australian cents transaction fee.
(c) for payments made in AUD using an international card – 2.9% + a 30 Australian cents transaction fee.
(d) for payments made in NZD – 1.3% + a 30 Australian cents transaction fee.
5 Potential Price Variations
5.1 Some holidays may be subject to cost changes if there is an increase or decrease in the number of ride participants.
5.2 Also, the cost of your holiday may be subject to increases due to fluctuations in currency exchange rates, surcharges issued by a supplier, changes to transfer or transport costs, and tax variations ( “Surcharges”).
5.3 Any cost changes under clause 5.1 and any additional Surcharges will be set out in the Final Invoice if known at that time. If there are any additional Surcharges after the Final Invoice we will invoice you for those Surcharges when they become known provided that we:
(a) not invoice for any Surcharges that arise within 30 days of your departure date;
(b) only invoice for Surcharges where the additional cost exceeds 2% of the total cost of your booking; and
(c) if the applicable Surcharge is greater than 10% of the cost of your booking, you may cancel your booking within 7 days of the issue date printed on the surcharge invoice and receive a full refund of all monies paid to us, excluding amendment charges under clause 6.4.
5.4 Unless we specify otherwise, any invoice for Surcharges must be paid within 7 days of the date it is issued.
6 Changes by you
6.1 You agree that you will, at least 60 days prior to your departure date, provide us with written notification (by email) of any requested changes you seek to make to your booking.
6.2 At our discretion, we can refuse any requests to change your booking when such requests are made within 59 days of the original departure date.
6.3 While we will use our best endeavours to accommodate any requested changes, we do not guarantee that any changes will be able to be made.
6.4 If we are able to accommodate the change(s) that you are requesting:
(a) such changes may attract an administration amendment fee of $200 per person in the currency of your ride invoice and additional costs imposed by suppliers;
(b) before any change is investigated and/or made, we reserve the right to charge you the administration amendment fee; and
(c) we will investigate whether the requested changes can be made subject to any issued invoices being paid in full by the due date and upon payment of the administration amendment fee. For clarity, we will not investigate requested changes if any invoices remain due and payable at the time of the request.
6.5 Upon investigation of whether the changes can be made, we will provide you with details of whether the changes can be made and, if there are additional fees / Surcharges to effect the changes, we will provide you with the details of such additional fees / Surcharges. Within 3 business days of being notified of the same, you must elect, in writing, whether you seek to proceed with the changes and that you agree to pay to us any additional sum of money due to cover the cost of any additional fees / surcharges that may apply. The time for payment of that money will be specified on the invoice.
6.6 In addition to clauses 6.1 to 6.5 , if you have booked the Okavango Delta ride in Botswana and you wish to change your departure date:
(a) your new departure date must be for the same ride;
(b) if you booked and received the early bird special rate, that special rate may not apply for your new departure date; and
(c) the new departure date must fall within 12 months of the date on which we receive notification of your request to change your booking.
For example: you have booked a ride with a departure date of 31 December 2017. You notified us by email sent at 5.05pm on 30 October 2017 that you wish to change your departure date, which we received on 31 October 2017 at 9.01am. In this situation, you will be able to choose a new departure date, subject to the original supplier’s availability, until 31 October 2018.
6.7 Additional supplier fees may also apply where a booking is changed. Where we incur any liability for a supplier fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee.
7 Changes or cancellation by us
7.1 We may cancel your booking if it is necessary to do so because:
(a) it is not safe to proceed with the ride;
(b) the ride cannot be conducted because of events beyond our reasonable control such as fire, floods or other adverse weather, earthquakes, tsunamis, pandemics or epidemics, war, civil unrest or terrorism; or
(c) third-party supplier cancels your booking.
7.2 We, or our third party suppliers, may make changes to your booking at any time provided that those changes do not materially change the nature of the ride experience that you booked.
7.3 If we change or cancel your booking, we agree to give you as much notice as is reasonably possible in the circumstances.
7.4 If we cancel your booking, we may (at our election), and where one is available, offer to transfer your booking to a comparable alternative with the same third-party supplier/outfitter or an alternative third-party supplier/outfitter. If you agree to transfer to an alternative holiday and the alternative holiday is:
(a) less expensive, you will be entitled to a refund of the difference in price; or
(b) more expensive, you will be required to pay the difference in price within 7 days of agreeing to transfer your booking.
7.5 If we do not offer, or you do not agree, to transfer to an alternative holiday we will provide you with, at your option, either:
(a) a credit voucher (on the terms set out in clause 7.6) to be used with any of our third-party suppliers/outfitters; or
(b) a refund (on the terms and to the extent recoverable as set out in clause 7.7).
7.6 All credit vouchers must be used within 24 months of the date on which the credit voucher is issued. A credit voucher is used when a booking is made using the credit voucher (i.e. the booking must be made within 24 months of the date of issue of the credit voucher, but the holiday can occur at a later date). If you use a credit voucher for a subsequent booking and the subsequent booking results in a change in price, you agree that:
(a) you will pay the difference between the value of the credit voucher and any increased price; and
(b) if the subsequent booking is for a price lower than the value of the credit voucher, you will be provided a further credit voucher for the difference in price.
7.7 As we are a booking agent, we do not actually provide the services included in your booking (holiday package) and can only provide refunds to the extent that we can secure them from the third-party supplier / outfitter. Any refund will:
(a) be limited to the amount that we actually recover from the relevant third-party supplier(s)/outfitter(s); and
(b) subject to a 20% administration cost of total ride price that we will be entitled to retain.
7.8 Except as set out in clause 7.7, we exclude any liability to provide you with a refund to the fullest extent permitted by Australian Law.
7.9 If the third party supplier / outfitter for a holiday determines (acting in good faith) that a Rider does not have the experience and capability described in the Booking Form and their participation in holiday or specific activities in the holiday would impede the conduct of the holiday or activities or create a risk to the health and safety of any person, the third party supplier / outfitter may exclude the Rider from the holiday or those activities. In those circumstances, we are not required to refund any part of the monies paid to us and are not liable to you for any loss or damage suffered by you as a result.
8 Cancellation by you
8.1 Unless you cancel your booking pursuant to clause 6.3(d), if you cancel your booking for any reason:
(a) you must provide us with written notification of the cancellation;
(b) all monies already paid to us by the date we receive notice of your cancellation will be forfeited and will not be refunded; and
(c) we are not liable or responsible for any liabilities, losses, damages, costs or expenses you suffer or incur (including any associated travel expenses) regardless of the reason for your cancellation (including where you cancel due to political unrest, war or threat of war, riots, civil unrest, closure of airports or ports, flight cancellations or delays, industrial disputes, terrorist activity, natural disasters, fire, epidemic or health risks, acts of god, adverse weather conditions and any other similar events).
8.2 We will confirm, in writing, that your cancellation notice has been received.
9 Our liability to you
9.1 We take care to choose reputable third-party suppliers, and exercise skill and care in negotiating contracts on your behalf with those third-party suppliers when booking your holiday. However, we do not provide the services that you have booked as we are only a booking agent. For this reason, we exclude all liability for any liabilities, losses, damages, costs or expenses that you suffer or incur as a result of the acts or omissions of any third-party suppliers that we may engage on your behalf.
9.2 With respect to the services that we provide to you, nothing in these Terms & Conditions is intended to modify, limit or exclude any statutory warranty that you may be entitled to by operation of law (hereinafter referred to as Non-Excluded Guarantees).
9.3 Except as expressly set out in these Terms & Conditions or in respect of the Non-Excluded Guarantees, we make no warranty or other representation as to the quality or suitability of the services provided by us or any third-party supplier. Our liability in respect of any warranty is limited to the fullest extent permitted by law.
9.4 If you are a consumer within the meaning of the Competition and Consumer Act 2010 (CCA), our liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.
9.5 If you are not a consumer within the meaning of the CCA, our liability for any loss or damage arising out of the services we provide (or those provided by a third party for whom we may be liable), is limited to the following, but otherwise negated absolutely:
(a) a requirement to re-supply the service that we provided to you; or
(b) the amount you paid to us.
9.6 We exclude liability, and you irrevocably release us and indemnify us against any claims, demands or proceedings by any person, for liabilities, losses, damages, costs or expenses suffered or incurred by you or any Rider as a result of or related to any one or more of the following:
(a) any death or any physical injury or harm suffered by a Rider;
(b) any loss of or damage to any property of any Rider;
(c) travel cancellations or delays you experience (including where that means you are unable to participate in some or all of the ride activities);
(d) any services which do not form part of our contract, including any additional services or facilities which we have not arranged for you; and
(e) any services that a third party fails, refuses or neglects to provide,
except to the extent that the liabilities, losses, damages, costs or expenses are caused by our negligent act or omission.
10.1 If a third-party supplier/outfitter of the ride you have booked becomes bankrupt or subject to an insolvency event, we may terminate this agreement by giving you written notice. In those circumstances:
(a) we will refund to you the amounts paid by you to us, less any amounts we are unable to recover from the third-party supplier(s)/outfitter(s) for that ride; and
(b) we will have no liability to you for any amounts that we are unable to recover from the third-party supplier(s)/outfitter(s) and you will have to seek recover those amounts from the third party supplier(s)/outfitter(s) directly.
11 Special Requests and medical problems
11.1 If you have any special requests or medical problems, we recommend that you contact us before making your booking so that we can help you identify a holiday option that may be best suited to you. The provision of such advice by us is not intended to be, nor should it be interpreted as a representation or warranty that the particular holiday option will meet your needs, nor will it avoid or override the limitations and exclusions of liability outlined in clause 9 above.
11.2 You agree to advise us, in writing at the time of making your booking, of any physical, medical or other special needs that you or any person specified on the Booking Form may have. We reserve the right to cancel your booking if you fail to do this.
11.3 We will specifically confirm in writing whether your special requests are able to be accommodated. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline your reservation.
12.1 You agree that all individuals specified on the Booking Form:
(a) not do anything to jeopardise the safety of any other travellers, Riders or suppliers;
(b) will behave appropriately, both physically and verbally;
(c) will comply with the authority and decisions of any appointed tour/ride leaders or any other authorised person;
(d) will comply with the laws of the country in which you are travelling; and
(e) will be liable for, and indemnify us against, any claims made as a result of your behaviour, acts or omissions.
12.2 In the event of any breach of any of clauses 12.1(a) to 12.1(d):
(a) we reserve the right to immediately and without notice cancel your holiday or any unused holiday services to be provided by third-party suppliers without refund; and
(b) if your holiday is cancelled, you will be required to immediately leave your accommodation (or other service such as a ride) and make alternative arrangements;
(c) we will not assist you to make alternative arrangements and will accept no responsibility towards you and your travel party; and
(d) a refund will not be provided for the cancelled portion of your holiday and we will not pay any costs or expenses that you may incur as a result of the cancellation.
13 Safety Standards
13.1 You agree to comply with the requirements and standards of the country in which the services are provided.
13.2 You acknowledge that:
(a) Australia has high safety standards, which may not apply in the country the services are provided; and
(b) the safety standards applicable in the country in which the services are provided may be lower than Australian safety standards.
14.1 These Terms & Conditions shall be governed by and construed and/or enforced in accordance with the laws of Queensland, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, and the Courts of competent jurisdiction to determine appeals from those Courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms & Conditions.
15 Privacy and data protection
15.1 We cannot complete your booking without providing your personal information (such as your name, contact details, payment details and any medical/special needs requests) to suppliers. These suppliers may be located overseas, for example, where your booking involves international travel. By completing our Booking Form with personal information and making a booking with us, you (and all members of the travel party included on the Booking Form) consent to us collecting, using and disclosing your personal information to relevant third-parties, including those who are located overseas.
15.2 You agree and represent to us that:
(a) all persons included on the Booking Form have consented to providing their personal information to us; and
(b) we are permitted to disclose your personal information to overseas recipients where it is necessary to do so to book your holiday.
15.3 If you withdraw the consent provided under this term of the Terms & Conditions, we may not be able to complete your booking and may, at our discretion, cancel your booking.
16 Travel Insurance Policy
16.1 We recommend that you take out comprehensive insurance cover which covers:
(a) personal liability, loss of luggage and personal effects, horse riding and related activities, cancellation of the holiday, inability to participate because of cancelled or delayed travel, personal injury, death, medical expenses, repatriation expenses and evacuation expense irrespective of whether you are travelling in your home country or abroad; and
(b) provide us with the details of your travel insurance policy including the name of the insurer, policy number and emergency contact number before your departure date.
16.2 We accept no responsibility or liability for your failure to take out appropriate insurance, or for any inadequacies in the scope of that insurance coverage.
17 Read Down
17.1 If any of these Terms & Conditions are deemed void, invalid, illegal or unenforceable, they will be read down to the extent necessary to ensure that they are not void, invalid, illegal or unenforceable, but if that is not possible, they will be severed from the Terms & Conditions and the other terms will remain valid.