Join us on a unique journey to uncover the wonders of New Zealand
Issue link: http://www.e-digitaleditions.com/i/472591
26 TERMS AND CONDITIONS 1 The Contract 1.1 The contract between Scenic Tours Pty Limited ("Evergreen", "We", "Us" or "Our") and You includes: (a) these Terms and Conditions; and (b) Your Itinerary, ("Contract"). 1.2 It is important that You carefully read the Contract as You will be bound by it once You have signed these Terms and Conditions or otherwise paid the earlier of Your Booking Deposit or the Tour Price. 2 What You need to know 2.1 Who is providing the Tour? We will either: (a) provide the Tour directly through Our staff; or (b) arrange for the Tour to be provided by a Service Provider. 2.2 What's included in the Tour Price? Where indicated in Your Itinerary, Your Tour Price includes (a) all coach and cruise travel; (b) services of a Cruise Director (if applicable) and/or Tour Director; (c) airport transfers outside Australia (refer to point 4.9); (d) specified meals; (e) internal flights (as specified in your itinerary); (f) accommodation; (g) sightseeing and admissions where stated; (h) GST (where applicable); (i) port charges; and (j) all gratuities and tipping What's not included in the Tour Price? (a) Unless expressly listed in Your Itinerary, costs will not be included in the Tour Price. In particular, the following costs are not included in the Tour Price: (a) airfares (unless specified in Your Itinerary); (b) airline taxes; (c) gratuities on ocean cruises; (d) shore excursions on ocean cruises; (e) additional optional activities; (f) accommodation upgrades; (g) meals not specified in Your Itinerary; (h) drinks; (i) laundry; (j) passport fees; (k) visas; (l) vaccinations; (m) government taxes and charges (excluding GST); and (n) items of a personal nature. (b) 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. 2.3 Erroneous Pricing We reserve the right not to honour any published prices that We determine were erroneous due to printing, electronic, or clerical error. 2.4 Are there any discounts? Early payment discount (a) An early payment discount applies to all tours. (b) The early payment discount is calculated when We receive Your full Tour Price and will be credited against Your Tour Price. (c) The following early payment discounts apply: Months prior to Tour Departure Date Discount on Full Tour Price Over 12 months $400.00 10-12 months $300.00 7-9 months $200.00 4-6 months $100.00 Group discounts (a) Where You are booking as part of a group of 10 or more people, You will receive a group discount. (b) Group discounts cannot be combined with any other discount and We will notify You of the applicable discount on request. Earlybird discounts (a) Save $500 per couple ($250 per person) – Discount is applicable to Evergreen Tours 18 Day Grand New Zealand (EZGI) and 25 Days (EZCT). Offers strictly limited until sold out. 2.5 How do You pay? Booking Deposit (a) You must pay the Booking Deposit within 5 days of making Your Booking. (b) If Your Booking requires the payment of a second deposit, that deposit must be paid as per the conditions and date noted in Your booking advice. (c) 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 deposits and full costs for such additional services separately to the Booking Deposit and Tour Price. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full. (d) Your booking will be automatically cancelled if We do not receive Your Booking Deposit by the due date. (e) Booking Deposits are non-refundable and non-transferable to other tours or third parties (Refer to the "Deposit Protection Plan" outlined in clause 4.13 of these Terms and Conditions). Booking within 65 days of Tour Departure Date (f) If You place a booking with Us within 65 days or less of Your chosen Tour Departure Date, You must pay Your Booking Deposit before We can process Your booking and confirm Your Tour Price. If You do not accept the Tour Price, We will refund Your Booking Deposit. If You accept Your 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. Final Payment (g) You must pay the balance of the Tour Price to Us no later than 65 days before the Tour Departure Date. EZCT Cruise & Tour payment 90 days before departure date. (h) All Tour Prices are quoted in Australian dollars. Payments to Travel Agents (i) If You have booked 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 from You when We receive payment from Your travel agent Credit card surcharge (j) If You pay Us by credit card, the following surcharges will be added to Your Tour Price: Credit card Surcharge on Deposit Surcharge on Tour Price or Fees Visa 0 1% Mastercard 0 1% American Express 3% 3% Late Booking Fee (a) If You book 21 days or less before the Tour Departure Date, You must pay a late booking fee of $50.00. Variation Fee (b) If You vary Your booking, other than by varying the Tour Departure Date, You must pay a variation fee of $50.00. This fee is on account of administrative expenses incurred by Us in varying Your Tour and is a genuine and reasonable estimate of Our expenses. (c) We may accept or reject Your request for variation at Our absolute discretion. Cancellation Fee (d) Any cancellation of the Tour by You prior to Your Tour Departure Date (including any changes to Your Tour Departure Date or name changes) will result in the following cancellation fees: Days of notice prior to Tour commencement Cancellation charge (per person) 65 days and over Loss of deposit 64 to 14 days 50% of Tour Price 13 to 8 days 75% of Tour Price 7 days or less 100% of Tour Price For land and cruise tour (EZCT) Days of notice prior to Tour commencement 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 (e) We will not consider accepting a cancellation until We have received, during office hours, a written cancellation notice signed by You. (f) You may also be liable to pay cancellation fees to airlines and other third parties. (g) You must pay for any additional overnight accommodation required as a result of changes to Your flights. (h) You must pay for all expenses which arise due to changes to Your Itinerary after Your Tour Departure Date. This includes changes due to illness or other personal reasons. 2.7 What are Our Tour obligations? 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. Where, due to circumstances outside of Our control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to provide or arrange appropriate alternatives. 2.8 What are Your Tour obligations? Tour Safety (a) You must follow the Tour Director's instructions at all times to ensure on Tour safety. You acknowledge that failure to do so will result in restricted access to areas on Tour, or if necessary for Your own safety and that of other passengers, withdrawal from the Tour. (b) If We, or Our staff or Service Providers are of the view You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, We can terminate the Contract immediately and We are not liable to You for any loss, cost or damage resulting from Your withdrawal from the Tour. If You are withdrawn from the Tour, You must make Your own travel arrangements at Your own expense. (c) You must make Your own enquires regarding Your Tour, including being aware of the relevant government travel safety warnings. Passports and visas (d) You must have a valid passport with at least six (6) months validity from Your Tour return date. (e) You must ensure that all required entry visas for countries to be visited are obtained prior to departure as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries while on Tour. (f) 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"): (1) We will not refund to You all or any portion of the Tour Price; and (2) 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 rejoining the Tour. 2.9 What happens if We need to cancel or delay the Tour? Tour Operation (a) Your booking is conditional on Us receiving a minimum number of tour or cruise 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. (b) We will endeavour to make any decision to cancel or delay a Tour or cruise at least 60 days prior to the scheduled Tour Departure Date. Tour Cancellation (c) Where We cancel a Tour, for whatever reason, before departure We will use reasonable endeavours to offer the closest available tour or cruise departure. (d) Where the proposed alternative tour or cruise is: (1) cheaper than Your original Tour Price, We will refund the difference to You; or (2) more expensive than Your original Tour Price, You must pay the difference to Us. (e) If You accept the proposed alternative tour or cruise, You will be bound by a new contract made up of these Terms and Conditions and Your amended Itinerary. (f) If You do not accept the proposed alternative tour or cruise within 7 days of being notified by Us of the alternative, Our Contract with You will terminate, We will refund all monies paid directly to Us back to You and We will have no further liability to You. (g) 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. Tour delay (h) Where We delay the departure of a Tour or cruise, for whatever reason, for more than 7 days, You may terminate this Contract and We will either: (1) provide You with a full refund of all amounts paid to Us; or (2) provide You with 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. 2.10 How can We vary this Contract? (a) Subject to the remainder of this clause 2.11, We may amend these Terms and Conditions at any time. Tour Price (b) We may vary Your Tour Price at any time only where there is an increase to 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. Once We have received the total Tour Price from You, there will be no increases to Your Tour Price regardless of any increases in the Tour cost inside or outside Our control. (c) If You have not paid Your full Tour Price and We must vary Your Tour Price due to an increase in Tour costs outside Our control, any increase We apply to the Tour Price will be only to the extent required to meet such additional costs. Tour Variations a) We will use reasonable endeavours to operate the Tour as closely as possible to Your Itinerary, but there are a range of circumstances in which We may need to make alterations to the Tour or Your Itinerary, before or after the commencement of the Tour. We will use reasonable endeavours to 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. b) Subject to clause 2.15, We may make alterations to the Tour or Your Itinerary at any time. c) The circumstances in which we may alter Your Itinerary or the Tour include, but are not limited to: 1. high or low water levels in any river or canal; 2. lock closures, unscheduled vessel maintenance or other operational reasons; 3. road, river or weather conditions; 4. national or local holidays affecting the closure of public buildings or attractions; 5. strikes, civil disturbance, riots, advices by governments or Force Majeure Events; and 6. any other event beyond Our control. d) Alterations to Your Itinerary or the Tour may include, but are not limited to: 1. substitution of vessels for part or the whole of a Tour; 2. cabin changes on a vessel; 3. additional embarkations and disembarkations; 4. substitution of alternate transportation, including the use of motorcoaches; 5. substitution of hotel accommodation for accommodation on a vessel; 6. alterations to arrival and departure times; 7. alterations to sightseeing activities; and 8. reductions or increases in the time spent at a location. e) If We substitute any vessel, motorcoach or accommodation under this clause, We 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. f) 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, including without limitation any: 1. claim for distress, disappointment or loss of enjoyment arising from the alteration; 2. additional personal expenses incurred by You, including for food and beverages; or 3. 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. 2.11 How will We tell You about variations to the contract? (a) Any changes to these Terms and Conditions will be posted on Our Website. (b) Any changes to Your Itinerary will be notified to You: (1) if prior to Your Tour Departure Date, by phone, email or post; or (2) if during Your Tour, personally by Your Cruise Director or Tour Director. 2.12 Notification of General Risks (a) 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: (1) Tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; strikes, civil disturbances and advices by governments; Force Majeure Events; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance; (2) 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 (3) any other circumstances beyond Our control. (b) You acknowledge and agree that where the Tour, part of the Tour, accommodation, flights or any other good or service is not directly provided by Us or Our staff, 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. 2.13 Limitation of Liability (a) 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: (1) any Tour risks or other aspects of the Tour notified to You in the Contract; (2) any change to Your Itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the Tour; (3) any loss or damage to Your baggage; (4) 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 (5) any loss of Your enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control. (b) In addition to (and in no way affecting) those limitations set out in clause 2.13 (a)(1)-(5) above, You acknowledge and agree that where You ride on a motorcoach as a part of a Tour, neither We nor Our agents, nor third parties co-operating a Tour on Our behalf, will be liable to You for any injury, illness or death or for any damages or claims You may have against Us or Our agents or relevant third parties arising from any accident or incident occurring whilst You are riding on a motorcoach, if (at the time of any such accident or incident) You are not: (1) wearing a safety belt whilst seated in the motorcoach; or (2) seated while the motorcoach is in motion. Total liability (c) 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.