Join us on a unique journey to uncover the wonders of New Zealand
Issue link: http://www.e-digitaleditions.com/i/472591
27 Consequential loss (d) You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses. Force Majeure (e) You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our obligations under the Contract, resulting from or as a consequence of a Force Majeure Event. (f) 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. (g) We may immediately terminate the Contract, if the Force Majeure Event delays performance of the Tour by Us or a Service Provider for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event. 2.14 Warranties (a) To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. (b) 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: (1) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or (2) in the case of services: supplying the services again or payment of the cost of supplying the services again. 2.15 Competition and Consumer Act 2010 (Cth) Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 (Cth) 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. 2.16 Travel Insurance You are urged to arrange comprehensive travel insurance to cover any unforeseen circumstances that may occur during the Tour. 2.17 What if I am unhappy with something on Tour? 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. 2.18 General Provisions Entire Agreement (a) The Contract, and any variations or amendments to the Contract made by Us in accordance with these Terms and Conditions, constitutes the entire agreement between You and Us about its subject matter and any previous agreements (whether oral or in writing), understandings and negotiations on that subject matter have no effect. Waiver and Variation (b) We may only waive a right or remedy created under these Terms and Conditions in writing. (c) 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. Governing Law (d) These Terms and Conditions are governed by the laws in force in New South Wales. (e) 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. Survival (f) Any term which is, by its nature, intended to survive termination of these Terms and Conditions survives termination. Interpretation (g) In these Terms and Conditions, unless the context otherwise indicates a contrary intention: (1) headings are for convenience only and do not affect interpretation; (2) singular includes the plural and vice versa; (3) a reference to a party includes its successors, permitted assigns, administrators and substitutes; (4) where a word or phrase is defined, its other grammatical forms have the corresponding meaning; (5) the word 'include' in any form is not a word of limitation; (6) no rules of construction apply to Our disadvantage on the basis that these Terms and Conditions were prepared by Us; (7) a reference to a natural person includes their personal representatives; and (8) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions. Brochure Validity (h) The Tour Brochure and these Terms and Conditions are valid for Tour Departure Dates from 01 June 2015 to 31 May 2016 unless otherwise indicated in Your Itinerary, and supersedes all previous brochures. 2.19 Definitions Booking Deposit means the mandatory deposit required for Your booking in the deposit amount We will inform You of before You place Your booking. Deposit Protection Plan means Our deposit protection plan as set out on Our Website. Cruise Director means Our guide on Your cruise who is Our employee. Force Majeure Event means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour. Itinerary means Your itinerary for Your Tour as amended from time to time by Us in accordance with the Contract. Service Provider means any independent contractors engaged by Us to provide tours. Tour means the tour You have booked with Us outlined in Your Itinerary, as amended in accordance with these Terms and Conditions. Tour Brochure means the current brochure for the relevant tour as published on the Website. Tour Departure Date means the Tour departure date listed in Your Itinerary. Tour Director means Our guide on Your Tour who may be either an employee of Scenic or a Service Provider. Tour Price means the total amount payable by You to Us for participation in the Tour and includes Your Booking Deposit or any additional fees or charges as set out in the Contract. Website means Evergreen's website at www.evergreentours.com.au. You / Your means each individual who books to conduct a Tour with Us. A separate Contract will apply between each individual and Scenic. 3 Important notices about Your Tour 3.1 Tour Participation (a) 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 will have the right to refuse Your participation if the Tour Director believes Your health and safety or the health and safety of other passengers may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of booking. (b) It is important to note that: (1) some cruise ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks; (2) wheelchair passengers should be aware that cabin doors and rest rooms are not wide enough to provide access for standard wheelchairs; (3) requests for disabled rooms must be made at the time of booking and are subject to availability; (4) 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 (5) wheelchairs and walkers can be carried in the luggage compartment of motorcoaches subject to space limitations. (c) We may, in Our absolute discretion, decline Your booking if We are of the view that: (1) We cannot provide for any or all of Your special needs; (2) Your health, safety or enjoyment, or that of any other passengers attending the Tour may be at risk; or (3) You cannot or will not abide by any reasonable directions of the Tour Director. 3.2 Cruises (a) Deckplan The deck plan, cabin sizes, images, inclusions and layout are indicative only and may vary. Pictured representations of cabins or rooms in Tour Brochures are not drawn to scale. (b) Photography Our tours offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Tour Brochure or Itinerary will be available on each Tour. No refund will be available for any resulting missed scene or photographic "opportunity". (c) Smoking (1) Smoking is limited to designated smoking areas on Scenic "Space- ships" (and any other vessels), and is not permitted in cabins or on balconies. (2) You acknowledge that We may restrict smoking to specific times and locations during Your cruise for the comfort of all passengers. (3) Smoking is not permitted on coaches or such other places as nominated by Us from time to time. (4) Although We will use reasonable endeavours to ensure there are opportunities for You to smoke during the Tour, We cannot guarantee such opportunities will be available. 3.3 Coaches (a) Seat Rotation (1) 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. (2) If You suffer from travel sickness, You should arrange medication or other alternatives to treat symptoms, as We cannot make allowances for this. 3.4 Group sizes The number of participants will be limited to 48 guests on each coach for land tours over five days in duration. 4 Additional Important Information 4.1 Airfare Conditions (a) Discounted airfares are subject to availability and conditions apply. (b) Our reservations consultant will book the most appropriate fare for Your Tour. (c) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our tours. Full details and conditions may be obtained from Your travel agent. If You have any questions or concerns please contact Our reservations consultant. (d) Airfares booked as part of Your Tour will be through the most appropriate route. If You request a customised route You will be responsible for all additional costs. (e) Please contact Your travel agent for applicable rules and regulations relating to Your air travel. 4.2 Tour and Cruise 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 taken during the Tour. 4.3 Pictures, Images and Information 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 Tour. Also, some pictures may have been digitally enhanced. 4.4 Sightseeing 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. 4.5 Mountain 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 included excursions. 4.6 Special Diets You must advise Us in writing of any and all special requests and dietary requirements at the time of booking. We will make every reasonable effort to accommodate Your dietary requests but cannot guarantee that such requests can be met. 4.7 Solo Passengers and Single Accommodation (a) Prices quoted in Tour Brochures are on a twin share basis. If Your booking is not a twin share booking We will notify You of the applicable single supplement rate, and You must pay the single supplement rate for the Tour, at the time of booking. (b) If You are willing to share a room with another single traveller of the same gender, We will waive the Single Supplement Rate. If We are unable to find a single traveller of the same gender for You to share a room with, We will also waive the Single Supplement Rate. (c) We accept no responsibility for the suitability of the allocated rooming partner. (d) If at any time during the Tour, You consider Your rooming partner unsuitable, 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. (e) A limited number of single rooms 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. 4.8 Young Passengers (a) Passengers under the age of 21 years (as at the Tour Departure Date) must be accompanied by an adult and share their accommodation with an adult. (b) Children under the age of 8 years are not encouraged (with the exception of Christmas tours and cruises) and are accepted or rejected at Our sole discretion. 4.9 Airport Transfers (a) Airport transfers are only available on the first and last day of Your Tour and at times We designate. (b) Transfers outside these times will be at Your expense and must be secured by Your own arrangements. (c) Passengers who have purchased Our pre and post Tour hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Tour start or end city only, on the day of the pre or post accommodation booking. (d) 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: (1) entering Your flight details at the tour personaliser at www.evergreentours. com.au; or (2) phoning Our reservations consultant. (e) No refund will be given for unused transfers. (f) Transfers cannot be routed to other pick-up points or destinations. (g) 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. (h) Airport transfers may be group transfers scheduled to coincide with multiple flight arrival times. 4.10 Hotel Accommodation (a) We may substitute hotel accommodation of a similar standard in the place of the advertised hotel. (b) 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. 4.11 Luggage (a) Tour participants are entitled to one suitcase per person. (b) Your suitcase must not exceed 76 x 53 x 28cms (30'' x 21''x 11'') and must not weigh more than 20kg (42lbs). (c) Personal items should be carried in a travel bag. Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and also according to the class booked. (d) You must comply with all airline and airport luggage safety regulations. (e) 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. (f) You will be responsible for any excess baggage charges. 4.12 Carriers The carriers (including airlines, rail and sea carriers used in association with the tours) are not responsible for statements or features in Tour Brochures. The conditions of sale of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers. 4.13 Deposit Protection Plan The "Deposit Protection Plan" is provided at a cost of $75 per person per tour (including GST). The cost is non refundable and must be paid at the time of booking Your tour. Where You cancel a tour prior to the invoiced final Payment Date, and the Deposit Protection Plan applies, We will hold Your deposit, less any third party cancellation and/or administrative fees incurred by Us, for Our tour products only, (i.e. not products provided by third parties such as air travel) and We will credit the remainder of the deposit towards an alternative tour product if You book within 24 months of cancellation. If You do not book within 24 months, Your Deposit will be forfeited. If You have booked a tour with an applicable Fly Deal or other Earlybird Offer, any airline cancellation fees will be deducted from the deposit amount if flights have been ticketed. The Deposit Protection Plan does not, nor is it intended to, replace travel insurance. 4.14 Additional optional extras 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 and must be pre-booked prior to Your departure. Some activities require a minimum and maximum number of participants to operate. 4.15 Clothing We recommend casual and comfortable clothing. Please bring comfortable walking shoes as You will need these daily whilst sightseeing, which includes walking over rough and uneven ground. Closed-in shoes are recommended to keep out the dust and sand. Dinner attire is casual-open- neck shirts, slacks and dresses. Coats and ties may be worn but are not required. For winter months We recommend a warm coat, gloves, water- resistant footwear and an umbrella. 4.16 Help understanding this Contract If You do not understand the Terms and Conditions, or any aspect of this Contract, please seek advice from an appropriately qualified professional. For communications assistance, please call the National Relay Service on 133 677. If You require an interpreter, the Translating and Interpreting Service may be able to assist on 131 450. 4.17 Our After Hours Emergency Number Although We hope You won't need it, Our after hours emergency number when calling in Australia is freecall 1800 620 105.