2020 Evergreen Africa Terms and Conditions

*Conditions apply. All prices in AUD based on per person twin share. Valid on new bookings only. Not combinable with Earlybirds, airfare offers, discount offers. Only available on selected departures/sailings. For full conditions see Evergreen’s brochure & website. All prices based on land and cruise components only. EZGS based on 3/10/20 departure in a Category C cabin including Dollar Discount and Early Payment Discount for full payment 9 months prior to departure. A deposit of $100 per person is due at time of booking. A second non-refundable deposit of $900 per person is due within 48 hours after making your booking. Valid for bookings with deposits until 30/11/19 and subject to availability or until sold out. Surcharges may apply on credit card transactions. Prices, dates, taxes & availability correct at 29/10/19 and subject to change. Evergreen Tours (a division of Scenic Tours Pty Ltd) ABN 85 002 715 602.


General Africa Terms and Conditions
1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Evergreen”, “Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on your Tour, Destination Specific Terms.

1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Tour. If you do not understand and accept the Conditions and the terms of the Contract, you should not make any payment to Us and in this case, we will cancel Your Booking in accordance with clause 3.3.

1.3 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.

1.4 Your Itinerary does not form part of the Contract.

1.5 We may amend these Conditions from time to time. If We amend the Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking.

1.6 All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Tour including cover for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions.

2. Meaning of Words

In these Conditions, the following words and expressions have the following meanings:

(a) “Booking” means the booking You have made with Us for the Tour.

(b) “Booking Deposit” means a booking deposit in an amount which We have notified You before You make Your Booking;

(c) “Cruise” means a cruise constituting or forming part of Your Tour;

(d) “Cruise Conditions” means the Operator’s conditions of carriage for a river cruise vessel, which are available on our Website and otherwise on request to Us.

(e) “Cruise Director” means any person designated by Us as the cruise director for any Cruise.

(f) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions.

(g) “Deposit Protection Plan” means Our deposit protection plan as set out on Our Website.

(h) “Destination Specific Terms” means terms and conditions specific to a particular Tour, as published in the Tour Brochure or on Our Website for the relevant Tour, or, where applicable, set out in clause 14 of these Conditions.

(i) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board.

(j) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour beyond Our control.

(k) “Guest Contact Details” means Your contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 13.4 of these Conditions.

(l) “Itinerary” means the Itinerary for Your Tour issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.

(m) “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and business, whether or not related to Us.

(n) “Personal Information” means information about You and any other person for whom You make a Booking, including Your name, address, phone number and other contact details, details of Your next of kin, Your passport number, credit or debit card details, and information about Your health, medical needs, dietary requirements and any disabilities or other special requirements.

(o) “Service Provider” means any independent contractor engaged by Us to provide a Tour or any part of a Tour, and includes an Operator.

(p) “Tour” means a tour or journey package offered or provided by Us.

(q) “Tour Brochure” means the brochure for Your Tour published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.

(r) “Tour Departure Date” means the scheduled departure date for the Tour set out in Your Itinerary.

(s) “Tour Director” means any person designated by Us as the tour director for Your Tour.

(t) “Tour Price” means the total amount payable by You for the Tour. It includes the Booking Deposit.

(u) “Validity Period” means in respect of a Tour Brochure, the validity period stated in that brochure.

(v) “Website” means Evergreen’s website at www.evergreentours.com.au.

(w) “Your Tour” means the Tour You have booked with Us, as outlined in Your Itinerary

3. Booking and Payment

3.1 You may make a Booking directly with Us or through a travel agent. Your Booking will be confirmed only when We have received:

(a) Your Booking Deposit; or

(b) if Your Booking is made 120 days or less before the Tour Departure Date, the Tour Price and all other amounts payable under the Contract.

3.2 Except as indicated in clause 3.8, We will notify You of the Tour Price and provide You with Your Itinerary at the time of making Your Booking.

3.3 You must pay Your Booking Deposit within 2 days after making Your Booking. If We do not receive Your Booking Deposit within 2 days after You make Your Booking, We will automatically cancel Your Booking without further notice to You.

3.4 If You have made Your Booking through a travel agent, Your travel agent should forward Your Booking Deposit or Tour Price to Us on Your behalf. However, payments by You to Your travel agent are not considered to be payments by You to Us. We will consider payment has been received by Us only when We receive payment from Your travel agent.

3.5 Any accommodation, sightseeing or flights We book for You separately to those stated in Your Itinerary are not included in the Booking Deposit or Tour Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Tour Price at the time which We notify You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.

3.6 For some special offers, We may require payment of a further deposit before the balance of the Tour Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when we confirm Your Booking. You must make payment by the date notified by Us.

3.7 Except as required by law or in accordance with the Deposit Protection Plan, Booking Deposits are not refundable and are not transferable to other Tours or Bookings.

3.8 If You make Your Booking within 121 days of Your Tour Departure Date, You must pay Your Booking Deposit before We can process Your Booking and confirm Your Tour Price. Your Booking is not confirmed until You have paid the Tour Price. We will notify You of the Tour Price promptly after We have calculated it. If You do not confirm Your acceptance of the Tour Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Tour Price. If You notify Us that You have rejected the Tour Price or if You are deemed to have rejected the Tour Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Tour Price, You must pay the outstanding Tour Price within 24 hours of Us notifying You of the Tour Price, or We will cancel Your Booking and retain Your Booking Deposit.

3.9 If clause 3.8 does not apply, You must pay to Us the balance of the Tour Price and all other amounts payable under the Contract no later than 120 days before the Tour Departure Date. If Your Tour includes a Cruise You must pay the balance of the Tour Price to Us no later than 120 days before the Tour Departure Date.

3.10 If You wish to change any incidental component of Your Booking, such as any pre or post-tour accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8.

3.12 A name change for a Guest or a change to the Tour Departure Date is considered a cancellation of the original Booking.

4. Prices, inclusions and fees

4.1 All Tour Prices are quoted in Australian Dollars.

4.2 If You pay Us by credit card a surcharge may be added, please enquire for details. There is no surcharge for payments made by cash, cheque or direct transfer to Our nominated bank account.

4.3 Your Tour Price includes all coach, rail and cruise travel set out in the Itinerary; the services of a Tour Director; airport transfers outside Australia; meals as specified in Your Itinerary; economy class group flights and air taxes as set out in your Itinerary; accommodation; sightseeing and admissions, where stated in Your Itinerary; port charges; all gratuities and tipping on land tours; and any other specific inclusions identified in Your Itinerary.

4.4 Unless expressly listed in Your Itinerary as an inclusion, Your Tour Price does not include airfares; airline taxes; shore excursions on ocean cruises; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding GST); or any items or expenses of a personal nature.

4.5 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour and/or any flight connections are not included in the Tour Price and will be at Your expense.

4.6 We reserve the right not to honour any published prices that We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.

4.7 The following Fees are payable in addition to the Tour Price:

(a) If You book 21 days or less before the Tour Departure Date, You must pay a late booking fee of $50.00 per Booking.

(b) If You change Your Booking, other than by varying the Tour Departure Date, You must pay a change fee of $50.00 per Booking. This fee is on account of administrative expenses incurred by Us in changing Your Tour and is a genuine and reasonable estimate of Our expenses.

4.8 If You cancel Your Tour for any reason prior to Your Tour Departure Date (including by changing Your Tour Departure Date or the name of a Guest), You will be liable for the following cancellation fee:

Days of notice prior to Tour commencement

Cancellation Fee (per person)

120 days and over

Loss of deposit

119 to 91 days

20% of Tour Price

90 to 62 days

50% of Tour Price

61 days or less

100% of Tour Price