AUSTRALIAN WOMENS TRAVEL
ABN: 5196 7339 061
BOOKING TERMS AND CONDITIONS- INDIA TOURS
Please read the following terms and conditions carefully. You must not accept any booking unless you understand and agree with the following terms and conditions. By making a booking and paying a deposit, it is deemed that you have read, accepted, and understood the following terms and conditions for the booking.
A booking request is accepted when you have filled out and returned your booking form and you have paid your deposit, as stated on the received invoice. It is at this point that a contract between us and you come into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion.
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
LATE BOOKINGS: Higher deposit payments are required for late bookings- please refer to Australian Womens Travel at the time of booking. A guarantee of full payment is required at the time of booking for all bookings received within 4 weeks of departure.
ACCOMMODATION: In heritage hotels, room size and layout can vary from room to room. You are responsible for any cost incurred as a result of damage or excess cleaning fees related to your accommodation.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.
TWIN SHARE: If you pay for a twin share room and will be sharing this room, we will endeavour to match you with another single participant. We accept no responsibility for the suitability of the rooming partner. If at any time during the tour you consider your room partner unsuitable, we will endeavour to arrange a private room (if possible), at an additional cost of which will be borne by you. If a share room is not available at the time of final payment, you will have to accept a private room alternative, at an additional cost of which will be borne by you.
SERVICES: The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
PRICING: All prices quoted are in Australian dollars. Prices are inclusive of GST
The price includes accommodation, transportation, and other inclusions as per the itinerary.
International and domestic airfares are not included unless specifically stated.
PRICE SURCHARGES: We reserve the right to surcharge the cost of your booked travel arrangements prior to the commencement for circumstances beyond out control such as currency devaluation, or the imposition of new or amended Government charges.
We will not surcharge for currency fluctuations one the full payment has been received by us.
NOT INCLUDED: The tour price does not include beverages with meals unless specified, and any meals and sightseeing tours not specified. It is your responsibility to ensure settlement of any charges made by a hotel or provider of any service, for extra services ordered directly by you such as room service, mini bar, laundry, post, telephone charges, items of personal nature or tips. Visa (if applicable), travel insurance and excess baggage fees are not included in our prices. International and domestic airfares are not included unless specifically stated.
Lunch, dinner, refreshment, snacks and drinks: At your own cost during the tour.
Entrance fees: To anything not mentioned in the official itinerary or inclusions lists.
Occasional options evening theatre, festival visits and entrances not detailed in the inclusion lists.
Incidental expenses: Room service, mini bar expenses and bar tab. All these expenses must be settled prior to leaving the accommodation.
Passport: At your own cost before departure.
Travel Insurance: Your choice of provider.
Visas fees: At your own cost before departure.
Laundry costs: Laundry facilities may be available and will be used at your own cost.
Shipping charges: For return of purchases made during the tour or return of property lost on tour.
Pre and post tour accommodation and transfers: Only accommodation and transfers with the group, during the tour are include and do not include those before or after the tour within Australia.
This tour starts in Delhi on November 4- 2023 and ends in Delhi on November 22- 2023.
It is not known whether flights will be available on the dates you require to get you a) to Delhi on the correct day to commence the tour November 4, 2023, or b) from Delhi home on November 22 2023 and that you may need to arrive in Delhi earlier or stay in Delhi longer.
Australian Womens Travel are not responsible for any and all expenses incurred by you as a result of airline schedules delaying your departure and/or if you are required to travel elsewhere Should there be any reason that any of your flights or train travel be cancelled or delayed whilst on tour (e.g., strikes, weather etc). You are responsible for the payment of any accommodation, transfers and miscellaneous costs, relating to this situation and it is recommended that you claim any out of pockets expenses as a result of this with your Travel Insurance agento catch a departing flight home.
Australian Womens Travel will advise you as to the best flights available for this tour and also help you purchase them.
DEPOSIT: A non- refundable deposit of 25% per person of the tour price, together with a completed booking form is required 7 days after booking into the tour, in order to hold you place on the tour. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).
Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable, in which case we will not be responsible if services become unavailable.
This deposit is non-refundable in the event of cancellation. Travel Insurance is required for all our tours.
SECOND PAYMENT: A second payment must be made by the due date shown on your invoice.
BALANCE OF PAYMENT: Full payment must be made by the due date shown on your invoice. Failure to do so will result in increased charges. Payments may be made by direct bank deposit. We may cancel your booking if either the deposit payment or final payment is not paid by the relevant due date. In the event of cancellation, the cancellation conditions set out below will apply.
MINIMUM GROUP NUMBER: The escorted tours are subject to a minimum number of participants as determined by us. If the minimum number of participants is not reached, the tour will be cancelled with all monies refunded.
CANCELLATIONS BY YOU: All cancellations must be made in writing to Australian Womens Travel, cancellation charges from the date the written cancellation is received.
Cancellations on more than 120 days prior to departure - deposit will be forfeited plus an Australian Womens Travel amendment will apply.
Cancellations between 120 - 70 days prior to departure 70% of total cost will be forfeited.
Cancellations on less than 70 days before departure - 100% of total cost will be forfeited. In addition to this fee are any charges made by Hotels, Tour Operators, Airlines or any other principal.
Please note the earlier you cancel your booking the lower the cancellation charges are likely to be.
You agree that the deductions and cancellation charges specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests. For group departures, a transfer of a confirmed booking to another departure date at your request is deemed to be cancellation of the original booking.
NEW OR CHANGED QUARANTINE REQUIREMENTS: If after we confirm your booking: (a) new or changed quarantine requirements are in imposed by government authorities either in a destination you are due to visit or in your home State or county and these remain in effect 60 days before commencement of travel arrangements booked with us; and (b) these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip not less than 45 days prior to commencement of the first arrangement.
If you cancel travel arrangements in these circumstances, then we will refund payments made by you less: (a) Your 25% non-refundable deposit (b) any unrecoverable third party costs and other expenses incurred by us in relation to your travel arrangements that go beyond the price of your 25% deposit ; (c) overhead charges incurred by us relative to the price of your travel arrangements beyond the price of your 25% non-refundable deposit ; and (d) fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation and in connection with the processing of any refund beyond the price of your non refundable 25% deposit.
ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL: If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:
an airline or other common carrier refuses you carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
CANCELLATIONS OR RESCHEDULING BY US :In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
FORCE MAJEURE – PRIOR TO TRAVEL: If in our reasonable opinion we (either directly or through our employees, contractors, suppliers, or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:
reschedule your travel arrangements (in whole or in part); and/or
cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).
If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third-party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
FORCE MAJUERE- DURING TRAVEL: If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third-party costs for cancelled travel arrangements only.
FORCE MAJUERE- GENERAL: If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
OTHER: If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a credit towards the next trip when it becomes available.
We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
CHANGES TO THE ITINERARY: Every effort has been made to ensure accuracy. Itineraries are subject to change and if we are forced to change your booking, or part of it for reasons beyond our control prior to, or during actual travel, we bear no responsibility for this and reserve the right to vary your holiday itinerary and give you prompt notice.
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
TRANSFER OF TOUR: None of the, accommodation, meals, entrance tickets, transfers or other services included in the tour you have purchased, are transferable by you to another person or time. Anything not utilised by yourself, becomes the property of Australian Womens Travel.
REFUNDS: No refund is available for cancellations after the tour has commenced, or in respect of any tours. None of the airfares, accommodation, meals, entrance tickets, transfers or other services not utilised by yourself are transferable to another person by you and become the property of Australian Womens Travel.
If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances
PASSPORTS AND TRAVEL DOCUMENTS: It is imperative that you have a valid passport with a minimum of 6 months’ validity as per the date of you proposed return flight home. It is your responsibility to ensure that all passports, visas, travel permits, health certificates and other documentation required for you tour are obtained and are in order. You are responsible for any additional costs incurred by either us, or you, as a result of any failure with these requirements. We are not liable for any loss or expense due to a passenger failure to have a valid passport or visa. We will advise procedures for obtaining a visa (if applicable) and provide assistance if required. For security reasons, airlines require your name exactly as it appears in your passport. It remains your responsibility to advise these details to Australian Women’s Travel correctly. If you do not provide the correct information and we have to re-issue airline tickets or other documentation, we will be compelled to pass on any additional costs to participants requiring document re-issue.
TRAVEL INSURANCE: It is a condition of travelling on our tours that you have comprehensive travel insurance to cover you for the full duration of your journey for costs associated with illness, injury, death, loss or damage to baggage and personal items, cancellation, loss of deposit, medical and hospitalisation, on expenses, repatriation and curtailment expenses and accidental death and disability. We will be able to advise you on request about travel insurance packages: however, you are solely responsible for obtaining appropriate insurance cover as set out above. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
CONSULAR ADVICE: We recommend that your review information issued by the Australian Department of Foreign Affairs and Trade by calling 1300 555 135 or by visiting their website at www.smarttraveller.gov.au
DIETARY REQUIREMENTS: It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
EXCLUSION FROM TOUR: You may be excluded from the tour at our discretion if you fail to comply with our reasonable instruction while on tour. If you interfere with other clients’ enjoyment of the tour, if you jeopardize the safety of other clients, serious verbal and any physical abuse or bullying of any sort will not be tolerated. If you engage in illegal or undesirable behaviour, or if you otherwise become a hazard to yourself and other clients. You will not be entitled to a refund and we will not be responsible for any expenses that you may incur if you are excluded from a tour for any of these reasons.
VACCINATIONS: It is mandatory for you to be fully and validly vaccinated against COVID-19 with a vaccine approved by the Therapeutic Goods Administration. This is so we can provide a safe environment (by mitigating health risks) for our staff, our contractors, our suppliers and their staff, and our other customers (as relevant). It also assists to protect the communities you will visit. You agree to provide us with evidence of vaccination at least 30 days prior to the commencement of travel arrangements booked with us.
If you fail to provide evidence of vaccination by the time required, then you acknowledge and agree that this will be deemed a cancellation by yourself. Please refer to the “Cancellation by You” section above
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
HEALTH AND FITNESS: A minimum level of fitness is required to participate in our tours. We have a duty of care to all tour participants and escorts, so we do impose a firm policy on the level of fitness required by all our clients to attempt to ensure your safety and the safety of other travellers on our tours. We reserve the right to refuse bookings if we feel that the requirements of the tour are too demanding.
The Fit for Travel document provided by Australian Womens Travel, must be filled out and returned at the time of booking.
You must inform us before the commencement of the tour of any medical condition you have that may affect your ability to participate in the tour.
Neither your fellow travellers or your tour escort are equipped to act as carers.
We reserve the right to cancel your booking if any changed or non- disclosed medical condition means that you will require special assistance from our personnel which we cannot reasonably provide.
We strongly recommend that your travel insurance policy includes comprehensive cancellation coverage.
At our discretion we, including the service provider, can exclude you from a tour or in any activity if we consider that you are unable to safely participate in that tour or activity or if we consider your participation may place the safety of other guests at risk.
We exclude any liability for any illness, injury or death sustained by you on tour as a result of any pre-existing medical condition. We will not be responsible for, and you agree to release us from, any liability arising out of any medical condition, illness or injury that you may suffer during the tour as a result of the tour. You should consult your doctor or travel medical specialist in your home state before travelling regarding any inoculations, medications and other health precautions that should be taken in relation to travel within the regions comprising your tour.
SEAT BELTS: Please note that seat belts are not compulsory by law in India and therefore both the Indian people largely choose not to wear them. For this reason local operators may or may not have seat belts or may be hidden underneath protective seat covers. It is recommended that where seat belts are available customers must use them and remain seated at all times whilst the vehicle is moving. As such customers acknowledge that seat belts may not be available and therefore travel at their own risk. Customers warrant that they shall not make any claim howsoever arising for injury or damage in respect of, arising from or contributed to by the absence of seat belts and hereby release AUSTRALIAN WOMENS TRAVEL from all such claims.
COWS, BULLS, ELEPHANTS, GOATS, DOGS, MONKEYS AND OTHER ANIMALS: Please be aware that these and other animals wander freely in India wherever and whenever they like, and many are considered to be Gods so are treated as such and to many Indians their wellbeing is more important than yours. While every care is taken to point out when these animals are in the vicinity or in our pathway, please be aware that you walk or travel in India at your own risk. Customers warrant that they shall not make any claim howsoever arising for injury or damage in respect of, arising from or contributed to by any animals in India and hereby release AUSTRALIAN WOMENS TRAVEL from all such claims.
INDEPENDENT SERVICES: We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.
PARTICIPATION: All participants agree that Australian Womens Travel may take photographs and films of you while on this tour and that those may be added to our brochures and advertising without any further consent from you.
WEBSITE: We make every effort to ensure that the information presented on our website is correct. However, we are not able to guarantee that accuracy of all information, nor are we able to guarantee the site is free from errors of faults. We also reserve the right to change this information including the Terms and Conditions at any time.
DEEMED ACCEPTANCE: If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
COMPLAINTS: In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
ACCEPTANCE OF RISK: You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
WHEN YOU ARRIVE: We cannot be held responsible for any arrangements booked directly with suppliers abroad, and we will not consider any complaints in relation to these services.
Cancellation of confirmed services must be notified through Australian Womens Travel even if you have advised the local representative. Australia Womens Travel does not authorise the employees of anu overseas supplier to promise refunds to clients.
RISK AND LIABILITY: You and your legal representatives, release and discharge Australian Womens Travel, it’s subsidiary and affiliated corporations, their officers, agents and employees from any and all liability for property loss or damage and/or any and all damages resulting from death or personal injuries, including loss of services, which you may sustain, on account of, arising of or while engaged on any tour. Means of transportation or other services, whether due to ownership, maintenance, use, operation or control of any automobile, bicycle, boat, motor or other vehicle, inn, common carrier or government authority, wars, civil disturbances, riots, thefts, pilferage, epidemics, quarantines, or any delays or changes of itinerary, including any extra expense which you may incur as a result of the foregoing clauses.
You acknowledge and agree that there are inherent risk factors involved in participating in the tour, including without limitation possible contact with native fauna, local residents, unforeseen events and travel in remote locations. By making a booking you agree to accept all risks associated with the tour. We exclude, and you unconditionally release us from, all liability, including without limitation in contract and in tort, for any cause of action, including any injury, damage, loss, cost, delay, additional expense or inconvenience caused directly or indirectly as a result of the inherent risks associated with the tour, or any force majeure events or other events which are beyond our control, including but not limited to war, civil disobedience, terrorism, insurrection, accident, explosion, sickness, fire, floods, severe weather, acts of God, acts of Government, alternation or cancellation of scheduled air services, accidents to or failure of machinery or equipment or industrial action.
Each service provider is responsible for the part of the tour it conducts. Service providers are not our agents or employees and are not under our direct control. We therefore do not warrant the performance of any service provider. We do not accept, and you release us from, all liability for any injury, loss, damage, costs, expenses, including without limitation on any property damage or personal injury, that you may suffer which arises out of any act or omission of a service provider or operator who provides services in connection with you tour. Any claim that you may have in relation to a service provider should be raised directly with that service provider. You are responsible for any injury, loss damage, costs or expenses arising through your own fault. You agree to indemnify us against all actions, proceedings, claims, demands expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against us) as a result of, or arising in relation to, whether directly or indirectly, your participation in the tour or any act or omission by you in relation to the tour.
You acknowledge that the travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
The contract between Australian Womens Travel and you is governed by the laws of the State of South Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in South Australia.If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles.
If Mary Hamilton- Smith is unavailable to act as Tour Escort on any tour arranged by Australian Womens Travel, a substitute from Australian Womens Travel will be sent in her place.
PLEASE UNDERSTAND THAT THERE WILL BE NO EXCEPTIONS TO OUR REFUND & CANCELLATION POLICY