1.
Contract
1.1
These terms and conditions ("Conditions") form the basis of the
contract between You and Scenic Tours Pty Limited (“Evergreen”, “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
If Your Tour includes a Cruise, You will also be
subject to the Cruise Conditions.
1.3
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.
1.4
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.
1.5
Your Itinerary does not form part of the
Contract.
1.6
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.
1.7
If Your Tour includes a Cruise, Your
transportation on any river cruise vessel during Your Tour, will also be
subject to the terms and conditions of the Operator of the vessel (“Operator Conditions”). Although the
Operator may be related to Us, it is a separate legal entity and business and
You will enter a separate contract (based on the Operator Conditions) with each
Operator. The Operator Conditions are
published on Our Website and are also available on request by contacting one of
our team at the Customer Service Contact Address. It is important that You read the Operator
Conditions carefully to ensure that You understand Your rights and obligations
under them. You confirm Your understanding and acceptance of the Operator Conditions
by paying Your Booking Deposit or otherwise paying any part of the price of Your
Tour to Us.
1.8
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)
“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.
(j)
“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.
(k)
“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.
(l)
“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.
(m)
“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.
(n)
“Service
Provider” means any independent contractor engaged by Us to provide a Tour
or any part of a Tour, and includes an Operator.
(o)
“Tour”
means a tour or journey package offered or provided by Us.
(p)
“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.
(q)
“Tour
Departure Date” means the scheduled departure date for the Tour set out in
Your Itinerary.
(r)
“Tour
Director” means any person designated by Us as the tour director for Your
Tour.
(s)
“Tour
Price” means the total amount payable by You for the Tour. It includes the Booking Deposit.
(t)
“Validity
Period” means in respect of a Tour Brochure, the validity period stated in
that brochure.
(u)
“Website”
means Evergreen Tours’ website at www.evergreentours.com.au.
(v)
“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 90 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 non-refundable $100 Booking
Deposit at the time of booking. A second non-refundable deposit of $900 per
person is due within 48 hours after making Your Booking. If We do not receive
Your full Booking Deposit of $1,000 per person by the due date, 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.
3.9
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 100 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 will
be added with the surcharge amount being advised at the time of payment.
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 Cruise Director (if
applicable) and/or 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.
|
Days of
notice prior to Cancellation charge
(per person) |
Tour/journey
commencement |
|
91 days and over |
Loss of deposit |
|
90 to 62 days |
50% of Tour Price |
|
61 days and less |
100% of Tour Price |
You may also be liable to pay cancellation fees to airlines
and other third parties.
4.9
We may vary Your Tour Price at any time before
You have paid the Tour Price in full to the extent necessary to meet any
increase in the Tour costs for reasons outside Our control, including airfares,
fuel, government taxes and charges, exchange rate fluctuations or other Tour
related costs or tariffs. We will not
vary the Tour Price after We have received the total Tour Price from You,
regardless of any increases in the costs incurred by Us. We will notify You of any such variation
using the Guest Contact Details.
4.10
You are responsible for and must pay for all costs
and expenses incurred by You as a result of any change made by You to Your
Itinerary after Your Tour Departure Date. This includes changes due to illness
or other personal reasons.
5.
Cancellation, delays and changes to Your
Itinerary
5.1
Your Booking is conditional on Us receiving a
minimum number of tour or cruise passenger bookings to operate the Tour and
ensure an enjoyable group atmosphere. Where sufficient numbers cannot be
achieved, We may cancel or delay a scheduled Tour or Tour Departure Date.
5.2
We will endeavour to make any decision to cancel
or delay a Tour or Cruise, and to notify You of that decision, at least 60 days
prior to the scheduled Tour Departure Date.
5.3
If We cancel a Tour, for whatever reason, before
departure:
(a)
We will use reasonable endeavours to offer You
the closest available tour or cruise departure.
If the proposed alternative tour or cruise is:
(i)
cheaper than Your original Tour Price, We will
refund the difference to You; or
(ii)
more expensive than Your original Tour Price, You
must pay the difference to Us;
(b)
if You accept the proposed alternative tour or
cruise, Your Itinerary will be amended accordingly and We will give You an
updated Itinerary;
(c)
if You do not accept the proposed alternative
tour or cruise within 7 days of being notified by Us of the alternative, We
will cancel Your Booking, refund to You all monies paid directly to Us and will
have no further liability to You; and
(d)
We are not liable for any third party costs You
may incur, which We have not booked on Your behalf, for example airfares or
other arrangements booked independently through or paid to a travel agent.
5.4
If We delay the departure of a Tour, for
whatever reason, for more than 7 days, You may terminate this Contract and We
will provide You with, at Your option, either:
(a)
a full refund of all amounts paid to Us; or
(b)
a credit towards future tours with Us which will
be valid for 24 months from the date You notify Us of the termination of this
Contract.
5.5
We will use reasonable endeavours to provide the
Tour You have booked in accordance with Your Itinerary. However, due to the
nature of travel, it may not always be possible for Us to adhere strictly to
Your Itinerary and the Operator may need to make
alterations to the Tour or Your Itinerary, before or after the commencement of
the Tour. Where,
due to circumstances outside the Operator’s control, We are unable to provide
the Tour in accordance with Your Itinerary, We will use reasonable endeavours
to:
(a)
give
You reasonable notice of any alterations, but there may be circumstances beyond
Our control in which alterations will be required with little, or no, advance
notice; and
(b)
provide or arrange appropriate alternative
activities, transport and accommodation as required.
5.6
The
circumstances in which Your Itinerary or the Tour may be altered include:
(a)
high
or low water levels in any river or canal;
(b)
lock
closures, unscheduled vessel maintenance or other operational reasons;
(c)
road,
river or weather conditions;
(d)
national
or local holidays affecting the closure of public buildings or attractions;
(e)
Force
Majeure Events;
(f)
emergency
events, accidents, injuries or other incidents involving You or other passengers;
and
(g)
any
other event beyond Our control.
5.7
Alterations
to Your Itinerary or the Tour may include:
(a)
substitution
of vessels for part or the whole of a Tour;
(b)
cabin
changes on a vessel;
(c)
additional
embarkations and disembarkations;
(d)
substitution
of alternate transportation, including the use of motor coaches;
(e)
substitution
of hotel accommodation for accommodation on a vessel;
(f)
alterations
to arrival and departure times;
(g)
alterations
to sightseeing activities; and
(h)
reductions
or increases in the time spent at a location.
5.8
If
We or the Operator substitute any vessel, motor coach or accommodation under
this clause 5, We or they will use reasonable endeavours to provide You with a
substitution of equivalent specification or quality, but some services and
facilities may not be available for all substitute arrangements.
5.9
Any changes to Your Itinerary will be notified
to You:
(a)
if prior to Your Tour Departure Date, by phone,
email or post using the Guest Contact Details or via Your Travel Agent; or
(b)
if during Your Tour, personally by Your Cruise
Director or Tour Director.
5.10
To
the maximum extent permitted by law, You agree that We are not liable to You
for, and You release Us from, any cost, claim, loss, damage or expense
whatsoever arising either directly or indirectly in connection with any
alteration to Your Itinerary or substitution carried out in accordance with
this clause 5, including without limitation any:
(a)
claim
for distress, disappointment or loss of enjoyment arising from the alteration;
(b)
additional
personal expenses incurred by You, including for food, beverages and personal
items; or
(c)
costs
associated with any other travel arrangements affected by the changes,
including any costs and expenses incurred by You for cancelling or changing
those other arrangements or arising from a failure to meet a connection.
6.
Your Tour obligations
6.1
For the comfort and safety of You and Your
fellow passengers and other people, You must follow the Tour Director’s and
Cruise Director’s instructions at all times.
6.3
If You are withdrawn from the Tour under clause 6.2,
You must make Your own travel and other arrangements at Your own expense and We
are not liable to You for any loss, cost or damage You may suffer or incur.
6.4
You must have a valid passport with an expiry
date of at least six (6) months after the last scheduled day of Your Tour.
6.5
You must ensure that You obtain prior to the
Tour Departure Date all required entry visas for all countries to be visited during
the Tour, as failure to obtain correct documentation may affect Your
participation in certain shore excursions and entry to certain countries during
the Tour.
6.6
If You do not have the correct visa or other
documentation necessary to enter a country or participate in any aspect of a
Tour (“Documentation”):
(a)
We will not refund to You all or any portion of
the Tour Price; and
(b)
You will be responsible for any costs You incur
as a result of Your failure to obtain the required Documentation, including any
costs associated with re-joining the Tour.
6.7
If You are unhappy with something that does or
does not happen on Your Tour, You must first use all reasonable endeavours to
negotiate with Us in good faith to settle the dispute before commencing
proceedings in any court or tribunal. In
the first instance You should raise Your concern with the Tour Director or the
Cruise Director as soon as reasonably practicable, as it may be possible for
them to take steps to resolve Your concern with minimal delay.
7.
Notification of General Risks
7.1
You acknowledge and agree that there are general
risks associated with travelling, which are beyond Our control and We are not
liable to You for any loss, cost or damage You may incur as a result of these
general risks. Such general risks include:
(a)
Tour variations or interruptions caused by road,
river or weather conditions; national or local holidays affecting the closure
of public buildings and attractions; Force Majeure Events; high water levels;
low water levels; flooding; lock closures; unscheduled vessel or vehicle
maintenance;
(b)
changes to the Tour and Your Itinerary in the
circumstances described in clause 5.6;
(c)
forces of nature; illness; flight schedule
changes or cancellations; loss of luggage; epidemics or pandemics; political
unrest; accidents; acts of terrorism or other criminal acts; changes to
government visa or travel requirements; or
(d)
other circumstances beyond Our control.
7.2
You must make Your own enquiries regarding Your
Tour, including being aware of any relevant government travel safety warnings.
8.
Liability
8.2
You acknowledge and agree that We accept no
responsibility and will not be liable to You (or any third party) for any loss,
cost or damage (including loss of enjoyment) suffered directly or indirectly in
connection with:
(a)
any Tour risks or other aspects of the Tour disclosed
to You in the Contract;
(b)
any change to Your Itinerary or delays in
departure or arrival times of aircraft, vessels or otherwise during the conduct
of the Tour;
(c)
any loss or damage to Your baggage or belongings;
(d)
any personal injury or death resulting from the
acts or omissions or negligence of any third parties providing goods or
services to You during the Tour, including air carriers, hotels, shore
excursion operators, restaurateurs, transportation providers and medical
personnel; or
(e)
any disappointment or loss of enjoyment due to
circumstances outlined in the Contract or otherwise beyond Our control.
8.3
Subject to clause 8.1,
but despite any other provision of the Contract, and to the extent permitted by
law, Our maximum liability to You or any third party (including any claims of
negligence by Us) is limited to the Tour Price You have paid to Us.
8.4
To the maximum extent permitted by law and
subject to clause 8.1,
You acknowledge and agree We are not liable to You, under any circumstances,
for any loss of enjoyment, opportunity, profit, savings, revenue or interest or
any other consequential or indirect, incidental, special or punitive loss,
damage or expenses.
8.5
You acknowledge and agree that We are not liable
for any delay or failure by Us or a Service Provider to perform Our obligations
under the Contract, resulting from or as a consequence of a Force Majeure
Event.
8.6
If a delay or failure occurs or is anticipated
due to Force Majeure Event, Our obligations are suspended for the duration of
the Force Majeure Event.
8.7
We may immediately terminate the Contract, if
the Force Majeure Event delays performance of the Tour for a period of 7 days
or more, calculated from the date We notify You of the Force Majeure Event.
8.8
To the extent permitted by law, all express or
implied warranties, guarantees, representations, or terms are expressly
excluded. Where the law implies any
guarantee, condition or warranty which cannot be excluded, Our liability to You
for breach of such an implied guarantee, condition or warranty is limited, to
one or more of the following:
(a)
in the case of goods: the repair of goods,
replacement of goods, the supply of equivalent goods or the cost of repair,
replacement or supply of equivalent goods; or
(b)
in the case of services: supplying the services
again or payment of the cost of supplying the services again.
8.9
Subject to clause 8.1,
You acknowledge and agree that where Your Tour, any part of Your Tour,
accommodation, flights or any other good or service are not directly provided
by Us, but is provided by a Service Provider, in the event of any dispute or
claim including for loss, damage, breach of contract or negligence arising from
the conduct of the Service Provider, You must pursue Your claim directly
against the relevant Service Provider.
9.
Privacy and Data Protection
9.2
We may also use Your name and the Guest Contact
Details for marketing purposes, unless You tell Us that You do not want Us to
do so. You may do this by contacting the
Customer Service Contact Address.
9.3
We will otherwise deal with Your Personal
Information in accordance with Our Privacy Policy, which can be found on Our
Website or provided on request.
10.
General Provisions
10.1
We may only waive a right or remedy created
under these Conditions in writing. Our
delay in exercising a right or remedy does not constitute a waiver of that
right or remedy, nor does any waiver by Us (either wholly or in part) operate
as a subsequent waiver of the same or any other right.
10.2
The Contract is governed by the laws in force in
New South Wales.
10.3
The parties submit to the non-exclusive
jurisdiction of the courts of New South Wales and any courts competent to hear
appeals from those courts.
10.4
Any term which is, by its nature, intended to
survive termination of the Contract survives termination.
10.5
In these Conditions, unless the context
otherwise indicates a contrary intention:
(a)
headings are for convenience only and do not
affect interpretation;
(b)
singular includes the plural and vice versa;
(c)
a reference to a party includes its successors,
permitted assigns, administrators and substitutes;
(d)
where a word or phrase is defined, its other
grammatical forms have the corresponding meaning;
(e)
the word ‘include’ in any form is not a word of
limitation;
(f)
no rules of construction apply to Our
disadvantage on the basis that these Conditions or the Contract were prepared
by Us;
(g)
a reference to a natural person includes their
personal representatives; and
(h)
a reference to a body (including institute,
association or authority) which ceases to exist or whose powers or functions
are transferred to another body is a reference to the body which replaces it or
which substantially succeeds to its powers or functions.
10.6
The Tour Brochure is valid for Tour Departure
Dates during the Validity Period unless otherwise indicated in Your Itinerary,
and supersedes all previous brochures.
11.
Important notices about Your Tour
11.1
Tour Participation
(a)
Special
needs: We welcome You if You have
a disability or other special need, provided You are accompanied by a companion
capable of providing all the assistance You require. Please note that although
We will use reasonable endeavours to provide You with all the activities on
Your Itinerary, depending on Your disability, You may not be able to
participate in every activity and the Tour Director or Cruise Director will
have the right to refuse Your participation if the Tour Director or Cruise
Director believes Your health and safety or the health and safety of any other person
may be impacted by Your participation. You must advise Us (or Your travel
agent) of any disability, medical condition or dietary requirement at the time
of Booking.
(b)
Facilities: It is important to note that:
(i)
some cruise ships do not have elevators, and
ships that are equipped with elevators may not have elevator access to all
decks;
(ii)
wheelchair passengers should be aware that cabin
doors, rest rooms and corridors may not be wide enough to provide access for
standard wheelchairs;
(iii)
requests for disabled rooms must be made at the
time of Booking and are subject to availability;
(iv)
for safety reasons, passengers in wheelchairs
cannot be carried on boarding ramps (which may be steep due to water levels)
whilst the vessel is tied up or at anchor, or on to motor coaches; and
(v)
wheelchairs and walkers can be carried in the
luggage compartment of motorcoaches subject to space limitations.
(c)
Our
discretion: We may, in Our absolute discretion, decline Your Booking if We
are of the view that:
(i)
We cannot adequately provide for any or all of
Your special needs;
(ii)
Your health, safety or enjoyment, or that of any
other passengers attending the Tour may be at risk; or
(iii)
You cannot or will not abide by any reasonable
directions of the Tour Director or Cruise Director.
(d)
Photography:
Our tours offer some of the most spectacular and beautiful photographic scenery
in the world. However, We cannot guarantee that every scene or highlighted
featured in a Tour Brochure or Itinerary will be available on each Tour. No
refund or other compensation will be available for any resulting missed scene
or photographic “opportunity”.
(e)
Smoking:
Smoking is limited to designated smoking areas during Your Tour.
(i)
Smoking is not permitted on coaches or such
other places as nominated by Us from time to time.
(ii)
Although We will use reasonable endeavours to
ensure there are opportunities for You to smoke during the Tour, We cannot
guarantee such opportunities will be available.
(iii)
Shipboard accounts may be paid by US dollars or
credit card.
11.2
Coaches
(a)
Seat rotation:
To ensure all passengers have the opportunity to enjoy front and window seats,
a daily seat rotation system is employed on all of Our coaches and You must
follow the seat rotation system.
(b)
Travel
sickness: If You suffer from
travel sickness, You should arrange medication or other alternatives to treat
symptoms, as We cannot make allowances for this.
12.
Additional Important Information
12.1
Air Travel and baggage
(a)
Airfare
Conditions
(i)
All airfares are subject to availability and
conditions apply.
(ii)
Our reservations consultant will book an
appropriate fare for Your Tour.
(iii)
Some discounted airfares have conditions which
make them unsuitable to be used in conjunction with Our tours. Full details and
conditions may be obtained from Our reservations consultant or Your travel
agent. If You have any questions or concerns please contact Our reservations
consultant or Your travel agent.
(iv)
Airfares booked as part of Your Tour will be
through an appropriate route although may not be a direct flight; some included
flights are unescorted. If You request a customised route or direct flight You
will be responsible for all additional costs.
(v)
Depending on departure date and time of booking
the required booking class for airfare offer may be too far in advance to book
with the appropriate airline. If the required booking class is unavailable air
surcharges may apply. The flight quote including air taxes and surcharges will
be confirmed once all air sectors are booked and confirmed.
(vi)
Taxes are defined as all airline and government
taxes and surcharges. Taxes are subject to change and will be advised at the
time of flight reservation.
(vii)
All flights are subject to schedule changes and
class downgrades as determined by the operating airline. You acknowledge and
agree that We accept no responsibility and will not be liable to You for any
costs associated with these changes.
(viii)
All airfares are subject to availability and
scheduled for travel to meet the Tour Departure Dates set out in the Tour
Brochure. Any requests outside of the tour dates may incur seasonal surcharges
as enforced by the airline.
(b)
Airport
Transfers
(i)
Airport transfers are only available on the
first and last day of Your Tour and at times We designate. Transfers outside these times will be at Your
expense and must be secured by Your own arrangements.
(ii)
Passengers who have purchased Our pre and post
Tour hotel accommodation and airfares will be provided airport transfers
to/from their hotel in the Tour start or end city only, on the day of the pre
or post accommodation booking.
(iii)
If You do not book Your flights with Us, You
must ensure Your flight details are provided to Us at least 60 days before the
Tour Departure Date by:
(a)
entering Your flight details at the trip
personaliser on the Website; or
(b)
contacting Us at the Customer Service Contact
Address.
(iv)
No refund will be given for unused transfers. Transfers cannot be routed to other pick-up
points or destinations.
(v)
If You miss the pre-booked transfer You will be
responsible for making Your own way to the Tour departure point, at Your own
expense.
(vi)
Unless expressly stated in Your Itinerary, airport
transfers may be group transfers scheduled to coincide with multiple flight
arrival and departure times. Private transfers, including Royal Suites transfer
are not available in all locations. Please
enquire for further details.
(c)
Carriers:
The carriers (including airlines, rail and sea carriers used in association
with the tours) are not responsible for statements or features in Tour
Brochures. The conditions of sale of each carrier constitute a separate
contract between You and the carrier and We have no responsibility in relation
to contracts between You and the carriers.
(d)
Luggage
(i)
Tour participants are entitled to one suitcase
per person. Your suitcase must not
exceed 76 x 53 x 28cms (30’’ x 21’’x 11’’) and must not weigh more than 23kg (50lbs).
(ii)
Airline passengers should consult with their
airline as size and weight restrictions may vary from airline to airline and
also according to the class booked.
(iii)
It is Your responsibility to ensure Your luggage
complies with these requirements and You acknowledge that We, contracted
carriers or Service Providers may elect not to carry overweight items.
(iv)
You will be responsible for any excess baggage
charges.
12.2
Sightseeing, Excursions and Special Activities
on Tour
(a)
Sightseeing: Sightseeing in many historic towns and
cities can only be undertaken by walking tours as motorcoach access is not
possible. Consequently, a reasonable level of fitness is required as the
sightseeing tour may involve steps and extensive walking over uneven surfaces.
(b)
Additional
Optional Tours: Additional activities undertaken by You such as sightseeing
tours purchased by You in addition to those activities outlined in the Tour
Brochure during Your Tour are not included in Your Tour Price and incur an
additional cost. Additional activities are subject to availability, seasonal
and operational factors. Some activities require a minimum and maximum number
of participants to operate.
12.3
Passenger Requirements
(a)
Special
Diets: You must advise Us in writing of any and all special requests and
dietary requirements at the time of Booking. We will make every reasonable
effort to accommodate Your dietary requests but cannot guarantee that such
requests can be met.
(b)
Vaccinations:
It is Your responsibility to ensure You have all required vaccinations for Your
Tour and We recommend You refer to www.smarttraveller.gov.au for full details
and also consult Your doctor.
(c)
Medical
Conditions: We strongly recommend a visit to Your doctor prior to Your
tour.
(d)
Solo
Passengers and Single Accommodation
(i)
Prices quoted in Tour Brochures are on a twin
share basis. If Your Booking is not a twin share booking We will notify You of
the applicable single supplement rate (Single
Supplement Rate), and You must pay the Single Supplement Rate for the Tour,
at the time of Booking.
(ii)
If You are willing to share a room with another
single traveller of the same gender, You must pay the Single Supplement Rate
and we will use reasonable endeavours to match You with another single
traveller of the same gender, but we cannot guarantee availability. If we are
able to match You with another traveller and You remain matched throughout the
entire Tour, You will be refunded Your single supplement rate within 2 weeks of
tour completion. We accept no
responsibility for the suitability of the allocated rooming partner.
(iii)
If at any time during the Tour, You consider
Your rooming partner unsuitable, You must notify Us and We will use reasonable
endeavours to arrange single accommodation for You for the remainder of the
Tour, subject to availability, and at Your own cost.
(iv)
A limited number of single rooms and/or cabins
are available at a Single Supplement Rate for each Tour. In some locations,
single rooms are smaller than twin rooms and may not be available. You
acknowledge that if there is no availability of single accommodation for the
remainder of the Tour, You will be required to continue to share with Your
nominated rooming partner for the remainder of the Tour.
(e)
Young
Passengers:
(i)
Passengers under the age of 21 years (as at the
Tour Departure Date) must be accompanied by an adult and share their
accommodation with an adult.
(ii)
Children under the age of 12 years are not
encouraged (with the exception of Christmas tours and Cruises) and are accepted
or rejected at Our sole discretion.
12.4
Maps, Pictures and Images
(a)
Maps:
Maps or tour depictions contained in Tour Brochures or any other brochures We
issue are intended as an indication only and should not be relied upon as the
actual route to be taken during the Tour.
(b)
Images:
All images in Tour Brochures represent typical scenes and descriptive detail
for each tour, however it is possible that the particular subject matter may
not be seen or experienced on Your Tour. Also, some pictures may have been
digitally enhanced.
12.5
Hotel Accommodation
(a)
Substitution:
We may substitute hotel accommodation of a similar standard in the place of the
advertised hotel due to hotel availability issues. Any changes will be notified
once confirmed with the hotel.
(b)
Responsibility:
Although We have taken reasonable steps to secure the most suitable hotel
accommodation in the area of the Tour, We are not liable to You for the
quality, size or fitness of hotel rooms.
12.6
Deposit Protection Plan
Our Deposit Protection Plan is available at a cost of $125
per person per Tour excluding Russian cruises and Russian cruises and tours.
The cost is non-refundable and must be paid at the time of Booking Your Tour. The
Deposit Protection Plan does not, nor is it intended to, replace travel
insurance. Details and terms and conditions of the Deposit Protection Plan are
available on Our Website.
13.
Contact Details
Email:
info@evergreentours.com.au
Telephone:
1300 383 747
Postal:
PO Box 807, Newcastle, NSW 2300 Australia
This is the Customer Service Contact Address.
13.2
Our customer service centre is open from 7.30am
to 6.00pm Monday to Friday and 9.00am to 1.00pm Saturday (excluding public
holidays in New South Wales) (Sydney time).
Although We hope You won’t need it, Our after-hours emergency number
when calling in Australia is freecall 1800 620 105. Other emergency contact
details are included in Your travel documents.
13.3
If You need to contact Us during Your Tour, We
recommend that if it is practicable to do so, in the first instance You should
try to contact the Tour Director or Cruise Director. Depending on the purpose of Your contact,
they may be able to assist You, but otherwise they may direct You to contact Our
customer service centre.
14.
Destination Specific Terms
14.1
Public transportation may be used in sightseeing
in some towns and cities.
14.2
Airport transfers may be scheduled shuttle
transfers to coincide with multiple flight arrival and departure times.
14.3 Due to limited luggage space on trains your main bags will be transferred on a separate luggage vehicle and will not arrive at your hotel until the evening or the next day. We therefore recommend that You use an overnight bag to pack essential items for overnight stay.