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.
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.
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
these Conditions, the following words and expressions have the following
means the booking You have made with Us for the Tour.
Deposit” means a booking deposit in an amount which We have notified You before
You make Your Booking;
means a cruise constituting or forming part of Your Tour;
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.
Director” means any person designated by Us as the cruise director for any
Service Contact Address” means the details for contacting Us set out in clause
13.1 of the Conditions.
Protection Plan” means Our deposit protection plan as set out on Our Website.
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.
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.
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
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.
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
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.
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
Departure Date” means the scheduled departure date for the Tour set out in Your
Director” means any person designated by Us as the tour director for Your Tour.
Price” means the total amount payable by You for the Tour. It includes the
Period” means in respect of a Tour Brochure, the validity period stated in that
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
3.1 You may
make a Booking directly with Us or through a travel agent. Your Booking will be
confirmed only when We have received:
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 $1,000pp by the
due date, We will automatically cancel Your Booking without further notice to
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.
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
3.8 If You
make Your Booking within 90 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 90 days before the Tour
Departure Date. If Your Tour includes a third party Cruise You must pay the
balance of the Tour Price to Us no later than 120 days before the Tour
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
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.
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.
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.
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.
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.
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 Cancellation charge (per person)
121 days and over
Loss of deposit
120 to 91 days
50% of Tour Price
90 days or less
100% of Tour Price
Days of notice prior to Cancellation charge (per person)
91 days and over
Loss of deposit
90 to 62 days
50% of Tour Price
61 days or less
100% of Tour Price
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.
delays and changes to Your Itinerary
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
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:
than Your original Tour Price, We will refund the difference to You; or
expensive than Your original Tour Price, You must pay the difference
(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,
(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
(b) Provide or
arrange appropriate alternative activities, transport and accommodation as
circumstances in which Your Itinerary or the Tour may be altered include:
(a) High or
low water levels in any river or canal;
closures, unscheduled vessel maintenance or other operational reasons;
river or weather conditions;
or local holidays affecting the closure of public buildings or attractions;
events, accidents, injuries or other incidents involving You or other
(g) Any other
event beyond Our control.
to Your Itinerary or the Tour may include:
of vessels for part or the whole of a Tour;
changes on a vessel;
embarkations and disembarkations;
of alternate transportation, including the use of motor coaches;
of hotel accommodation for accommodation on a vessel;
to arrival and departure times;
to sightseeing activities; and
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.
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;
personal expenses incurred by You, including for food, beverages and personal
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
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.
6.2 If We, the
Cruise Director, the Tour Director or Our staff or any Service Provider
consider You are negatively affecting Your own health, safety or enjoyment, or
that of other passengers, including by refusing to comply with instructions of
the Tour Director or the Cruise Director, We may terminate the Contract and
withdraw You from the Tour with immediate effect. If it is reasonably practicable
to do so, the Tour Director or Cruise Director will provide a warning to You
and allow You an opportunity to rectify Your behaviour before We withdraw You
from the Tour.
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
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.
of General Risks
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
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
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.
8.1 Nothing in
these Conditions or the Contract operates to exclude, restrict or modify the
application of any provision of the Competition and Consumer Act 2010 (Cth),
including the Australian Consumer Law, or any equivalent State or Territory
legislation, the exercise of a right conferred by such a provision, or any of
Our liability for breach of a guarantee, condition or warranty implied by such
a provision, where it is unlawful to do so. All exclusions and limitations of
Our liability under the Contract must be read subject to this clause.
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;
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
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
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
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
(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.
and Data Protection
9.1 In order
for Us to process Your Booking and provide the Tour to You, You will need to
provide to Us, and We will need to use Personal Information. We will need to
provide Your Personal Information to Service Providers, as well as customs and
immigration authorities. We may also provide Your personal Information to
security and credit checking organisations. Some of the persons to whom We
provide Your Personal Information are located overseas, including in countries
that may not provide the same level of protection of Personal Information as
Australia. By making a Booking You give Us Your consent to use and disclose
Your Personal Information in the manner described in this clause 9.1.
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.
10.1 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.
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
10.5 In these
Conditions, unless the context otherwise indicates a contrary intention:
are for convenience only and do not affect interpretation;
includes the plural and vice versa;
reference to a party includes its successors, permitted assigns, administrators
(d) Where a
word or phrase is defined, its other grammatical forms have the corresponding
(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;
reference to a natural person includes their personal representatives; and
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.
notices about Your Tour
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.
It is important to note that:
cruise ships do not have elevators, and ships that are equipped with elevators
may not have elevator access to all decks;
passengers should be aware that cabin doors, rest rooms and corridors may not
be wide enough to provide access for standard wheelchairs;
Requests for disabled rooms must be made at the time of Booking and are subject
(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
and walkers can be carried in the luggage compartment of motorcoaches subject
to space limitations.
discretion: We may, in Our absolute discretion, decline Your Booking if We are
of the view that:
cannot adequately provide for any or all of Your special needs;
health, safety or enjoyment, or that of any other passengers attending the Tour
may be at risk; or
cannot or will not abide by any reasonable directions of the Tour Director or
Tour includes a Cruise, the following provisions apply:
The deck plan, cabin sizes, images, inclusions and layout in the Tour Brochure
are indicative only and may vary. Pictured representations of cabins or rooms
in Tour Brochures are not drawn to scale.
Cabins: Your Tour Price is based on the Cabin category indicated in the Tour
Brochure. Upgrades are subject to availability and will be at an additional
Excursions: Shore excursions provided by independent third-party Service
Providers are at Your own expense and can be purchased prior to Your Tour
Departure Date. We recommend booking shore excursions at least 120 days prior
to Your Tour Departure Date.
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”.
Smoking is limited to designated smoking areas during Your Tour.
acknowledge that We may restrict smoking to specific times and locations during
Your Cruise for the comfort of all passengers.
is not permitted on coaches or such other places as nominated by Us from time
We will use reasonable endeavours to ensure there are opportunities for You to
smoke during the Tour, We cannot guarantee such opportunities will be
vibration and odour: While the Operators take reasonable steps to minimise
noise, vibration and odours on the cruise vessels, You acknowledge and accept
that some noise, vibration and intermittent odours may be experienced on
vessels, and that We accept no responsibility, and will not be liable to You in
relation to any such noise, vibration or odour.
Position: During port stops, vessels may dock side by side, obstructing views
and requiring You to pass through other vessels to embark and disembark. You
agree and acknowledge that You will have no claim in respect of any such
cruise ships do not carry a doctor on board (except in Russia), however medical
services may be called at Your own expense.
(ii) Due to
the large number of passengers on board, We cannot provide a personal escort
for medical visits.
(iii) We are
not, and our Service Providers and the Operators are not, liable regarding the
provision of any medical care You may require or choose to accept during your
and credit cards
purchases on board a charge to Your shipboard account. The on-board currency on
river cruises is US dollars.
accounts may be paid by US dollars or credit card.
Service: Internet facilities are available on board your ship at no additional
Internet service does not apply to any third-party suppliers.
availability and quality may vary from country to country and can also be
affected by technical issues, weather or unfavourable terrain and other factors
outside Our control.
(iii) We do not
guarantee the availability or quality of Internet connections or services.
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.
sickness: If You suffer from travel sickness, You should arrange medication or
other alternatives to treat symptoms, as We cannot make allowances for this.
12.1 Air Travel
airfares are subject to availability and conditions apply.
reservations consultant will book an appropriate fare for Your Tour.
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.
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
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
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.
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.
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:
Your flight details at the trip personaliser on the Website; or
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 are not available in all
locations. Please enquire for further details.
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.
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
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.
Excursions and Special Activities on Tour
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.
Excursions: Some tours include mountain excursions involving high altitudes.
Please consult with Your doctor to ensure that You have an adequate level of
fitness and are in good health before participating in these excursions.
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.
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.
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.
Conditions: We strongly recommend a visit to Your doctor prior to Your tour.
Passengers and Single Accommodation
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.
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.
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.
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.
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
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.
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.
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
13.1 To make,
change or cancel a Booking or to make any enquiries regarding a Booking or to
otherwise give Us any notice in accordance with the Contract, You should
contact Our customer service centre as follows:
1300 383 747
PO Box 807, Newcastle, NSW 2300 Australia
the Customer Service Contact Address.
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.
13.4 We will use
the Guest Contact Details if We need to contact You before the Tour Departure
Date. It is therefore very important that You keep the Guest Contact Details up
to date and notify Us immediately of any changes. To update Your Guest Contact
Details, please contact Us at the Customer Service Contact Address.
14.1 Visas: A
visa is required to visit Vietnam, Myanmar and must be obtained prior to
departure. For other destinations a visa can be purchased upon arrival.
(a) If You
book Your Tour and pay Your Booking Deposit by 31/12/2018 or until sold out,
whichever comes first, You may be eligible to receive, at Our discretion, one
of the following offers (subject to availability and Your eligibility):
(i) Fly Free
Offer – receive a complimentary per person return flight to South East Asia.
The Fly Free Offer is only available on Evergreen Tours South East Asia
escorted holidays of 13 days or more as set out in the Tour Brochure on page 19
(not booked separately).
(ii) 2 for 1
Airfare Offer – receive a 2 for 1 airfare to South East Asia. 2 for 1 Airfare
Offer is only available on Evergreen Tours South East Asia escorted holidays of
12 days or less as set out in the Tour Brochure on page 19 (not booked
Discount Offer – amount dependent upon the itinerary selected as set out in
pages 18-19. Not combinable with any airfare offer.
(iv) Solo Travellers – Pay reduced single supplement on an
Evergreen Cruises & Tours 2019/2020 Mekong River Cruise of 13 days or more
in a Category A Emerald Balcony Suite and save up to $3,295 off the single
Payment Discount – book and pay Your cruise 12 months prior to departure date
to save $800 per couple on Your tour price.
(b) The Fly
(i) Are for
economy class travel for departures exiting Australia and upgrades to business
class are at Your additional cost; and
(ii) Any cancellation or variation to Your Tour or Tour
Departure Date after ticketing has been done for a Fly Deal Offer will incur the
applicable Cancellation Fee or Variation Fee in addition to any airline fees.