The following terms and conditions apply to tours booked and carried out by Activity Tours Australia Pty Ltd trading as Boutique Tours Australia, Boutique Wine Tours, Boutique Mountain Tours, Boutique Wildlife Tours, except as maybe now varied in the tour confirmation issued by Boutique Tours Australia.
1. Traveller responsibilities: In booking a tour the traveller:
a. must prepare for the tour by bringing any items specified in the booking confirmation voucher;
b. accepts the physical risks involved in the tour;
c. must not commence the tour if they are unfit or become unfit to participate in a tour by reason of ill health or injury;
d. is responsible for the safekeeping against loss & protection against damage of all personal effects of the traveller; &
e. must take out travel insurance covering tour cancellations, inability to travel or continue with the tour (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability;
2. Boutique Tours Australia Responsibilities: In accepting a tour booking
Boutique Tours Australia agrees:
a. that the traveller’s pre-payment will be held in trust until after the travel and accommodation services have been provided;
b. to maintain liability and indemnity insurance to cover the liabilities of travellers (however, travellers are advised to rely upon their own travel insurance in almost all instances where injury, loss or damage is suffered to themselves or their effects);
c. to maintain licenses and permits necessary to carry out travel arrangements.
3. General Conditions: The traveller and Boutique Tours Australia agree that:
a. a binding tour contract incorporating these terms and conditions will be formed when Boutique Tours Australia confirms the traveller’s booking, which it will do on receipt of the pre-payment or the tour cost (as the case may be);
b. full payment of the tour price is required prior to the commencement of the tour unless otherwise specified;
d. a reservation will lapse if the traveller does not pay deposit or tour cost by the due date for the relevant payment;
e. the price payable by the traveller is GST inclusive, unless otherwise stated;
f. a minimum of three travellers is required for a tour and Boutique Tours Australia may cancel a tour if that minimum number is not met. Where possible, Boutique Tours Australia will accommodate a single traveller by joining them to another tour;
g. if a force majeure circumstance necessitates cancellation of the tour then:
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- the traveller must rely upon any travel insurance they hold for
compensation; and
- where possible, Boutique Tours Australia will substitute an itinerary
with similar experiences.
h. Boutique Tours Australia reserves the right to notify the traveller of alterations, amendments and cancellations to the tour, in accordance with these terms and conditions;
i. With the exception of Christmas Day and other days highlighted in individual itinerary Terms & Conditions, tours are carried out daily subject to minimum numbers, availability of transport and accommodation services and guides and Boutique Tours Australia reserves the right to cancel a tour and refund the tour price, or to defer the tour to another day suitable to itself and the traveller, in the event that it is unable to proceed with a booked tour on particular day or days;
j. that Boutique Tours Australia reserves the right to substitute vehicles and accommodation with vehicles and accommodation of a similar standard;
k. no refund will be made to the traveller for unused services booked; and
l. travellers are bound by these terms and conditions by the booking in their own right or having a booking made on their behalf by another person from the time of booking.
4. Complaints and negative feedback will be dealt with as follows:
a. travellers should make all complaints directly to Boutique Tours Australia in writing if possible, or verbally, immediately after the event leading to the complaint, to give Boutique Tours Australia the opportunity to investigate or remedy the complaint; and
b. Boutique Tours Australia will not accept responsibility for complaints received more than 14 days after an event leading to a complaint occurs;
5. Liability, Responsibility, Limitation and Jurisdiction:
a. Boutique Tours Australia is not responsible for the actions, defaults or negligence of any travel or accommodation providers it engages for the purposes of the tour, except where the loss or damage arises from a specific direction given by Boutique Tours Australia to those providers. Travellers should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers.
b. The traveller is responsible for all loss or damage arising through his or her own fault.
c. Boutique Tours Australia will not be liable for any illness, injury or death sustained on a tour by reason of the traveller’s medical condition. Boutique Tours Australia will not be responsible for, and the traveller releases Boutique Tours Australia from, any liability arising out of any medical condition suffered by the traveller during the tour or as a consequence of the tour.
d. The traveller indemnifies & holds harmless Boutique Tours Australia & its officers, employees & suppliers against all actions, proceedings, claims, demands, expenses & costs (including legal costs on a full indemnity basis & whether incurred by or awarded against Boutique Tours Australia) as a result of, or arising in relation to, whether directly or indirectly, the traveller booking or participating in a tour or any act or omission by the traveller in relation to the tour.
e. To the maximum extent permitted by law, all implied conditions and warranties regarding the provision of services by Boutique Tours Australia under these terms and conditions are excluded. Boutique Tours Australia’s liability in relation to any non excludable conditions or warranties is limited to (at Boutique Tours Australia’s option) either delivering the services again, or paying the cost of providing similar services again. In any event, Boutique Tours Australia’s total liability under this Agreement (including for loss or damage to baggage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the traveller to Boutique Tours Australia.
f. To the maximum extent permitted by law, Boutique Tours Australia excludes, and the traveller releases Boutique Tours Australia from all other liability, including without limitation any consequential or special damages or costs, arising directly or indirectly from or in relation to the services provided in accordance with these terms & conditions.
g. Any booking shall be subject to and construed in accordance with the laws in force in New South Wales and the parties agree to submit to the jurisdiction of the courts of New South Wales.