Evergreen Japan

Evergreen Japan 2020

Join us on classic safaris and discover natural treasure with Evergreen Africa

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Page 11 of 11

Your Travel Agent: 1. Contract 1.1 These terms and conditions ("Conditions") form the basis of the contract between You and Scenic Tours Pty Limited ("Evergreen", "We", "Us" or "Our") ("Contract"). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/ or, depending on your Tour, Destination Specific Terms. 1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Tour. If you do not understand and accept the Conditions and the terms of the Contract, you should not make any payment to Us and in this case, we will cancel Your Booking in accordance with clause 3.3. 1.3 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to "You", "Your", "Guest" or "Passenger" means the person who makes the Booking and each other person covered by the Booking. 1.4 Your Itinerary does not form part of the Contract. 1.5 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. 1.6 All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Tour including cover for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions. 2. Booking and Payment 2.1 You may make a Booking directly with Us or through a travel agent. Your Booking will be confirmed only when We have received: (a) Your Booking Deposit; or (b) if Your Booking is made 90 days or less before the Tour Departure Date, the Tour Price and all other amounts payable under the Contract. 2.2 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. 2.3 You must pay Your non-refundable $100 Booking Deposit at the time of booking. A second non-refundable deposit of $900 per person is due within 48 hours after making Your Booking. If We do not receive Your full Booking Deposit of $1,000 per person by the due date, We will automatically cancel Your Booking without further notice to You. 2.4 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. 2.5 Except as required by law or in accordance with the Deposit Protection Plan, Booking Deposits are not refundable and are not transferable to other Tours or Bookings. 2.6 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. 2.7 A name change for a Guest or a change to the Tour Departure Date is considered a cancellation of the original Booking. 3. Prices, inclusions and fees 3.1 All Tour Prices are quoted in Australian Dollars. 3.2 If You pay Us by credit card, a surcharge will be added with the surcharge amount being advised at the time of payment. There is no surcharge for payments made by cash, cheque or direct transfer to Our nominated bank account. 3.3 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. 3.4 Unless expressly listed in Your Itinerary as an inclusion, Your Tour Price does not include airfares; airline taxes; shore excursions on ocean cruises; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding GST); or any items or expenses of a personal nature. 3.5 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour and/or any flight connections are not included in the Tour Price and will be at Your expense. 3.6 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. 3.7 The following Fees are payable in addition to the Tour Price: (a) If You book 21 days or less before the Tour Departure Date, You must pay a late booking fee of $50.00 per Booking. (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. 3.8 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 journey commencement Cancellation Fee (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 You may also be liable to pay cancellation fees to airlines and other third parties. 4. Cancellation, delays and changes to Your Itinerary 4.1 Your Booking is conditional on Us receiving a minimum number of tour or cruise passenger bookings to operate the Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Tour or Tour Departure Date. 4.2 We will endeavour to make any decision to cancel or delay a Tour or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour Departure Date. 4.3 If We cancel a Tour, for whatever reason, before departure: (a) We will use reasonable endeavours to offer You the closest available tour or cruise departure. If the proposed alternative tour or cruise is: (i) cheaper than Your original Tour Price, We will refund the difference to You; or (ii) more expensive than Your original Tour Price, You must pay the difference to Us; (b) if You accept the proposed alternative tour or cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative tour or cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking, refund to You all monies paid directly to Us and will have no further liability to You; and (d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent. 4.4 If We delay the departure of a Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either: (a) a full refund of all amounts paid to Us; or (b) a credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract. 4.5 We will use reasonable endeavours to provide the Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Tour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator's control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to: (a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and (b) provide or arrange appropriate alternative activities, transport and accommodation as required. 4.6 Any changes to Your Itinerary will be notified to You: (a) if prior to Your Tour Departure Date, by phone, email or post using the Guest Contact Details or via Your Travel Agent; or (b) if during Your Tour, personally by Your Cruise Director or Tour Director. 4.7 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any: (a) claim for distress, disappointment or loss of enjoyment arising from the alteration; (b) additional personal expenses incurred by You, including for food, beverages and personal items; or (c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection. 5. Your Tour obligations 5.1 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. 5.2 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. 5.3 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. 5.4 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. 6. Liability 6.1 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. 6.2 You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: (a) any Tour risks or other aspects of the Tour disclosed to You in the Contract; (b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the Tour; (c) any loss or damage to Your baggage or belongings; (d) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to You during the Tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (e) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control. 7. Important notices about Your Tour 7.1 Tour Participation (a) Special needs: We welcome You if You have a disability or other special need, provided You are accompanied by a companion capable of providing all the assistance You require. Please note that although We will use reasonable endeavours to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Tour Director or Cruise Director will have the right to refuse Your participation if the Tour Director or Cruise Director believes Your health and safety or the health and safety of any other person may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of Booking. (b) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: (i) We cannot adequately provide for any or all of Your special needs; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Tour may be at risk; or (iii) You cannot or will not abide by any reasonable directions of the Tour Director or Cruise Director. (c) Sightseeing: Public transportation may be used in sightseeing in some towns and cities. 8. Additional Important Information 8.1 Air Travel and baggage (a) Airfare Conditions (i) All airfares are subject to availability and conditions apply. (ii) Our reservations consultant will book an appropriate fare for Your Tour. (iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our tours. Full details and conditions may be obtained from Our reservations consultant or Your travel agent. If You have any questions or concerns please contact Our reservations consultant or Your travel agent. (iv) Airfares booked as part of Your Tour will be through an appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customised route or direct flight You will be responsible for all additional costs. (v) Depending on departure date and time of booking the required booking class for airfare offer may be too far in advance to book with the appropriate airline. If the required booking class is unavailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed. (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation. (vii) All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with these changes. (viii) All airfares are subject to availability and scheduled for travel to meet the Tour Departure Dates set out in the Tour Brochure. Any requests outside of the tour dates may incur seasonal surcharges as enforced by the airline. (b) Airport Transfers (i) Airport transfers are only available on the first and last day of Your Tour and at times We designate. Transfers outside these times will be at Your expense and must be secured by Your own arrangements. (ii) Passengers who have purchased Our pre and post Tour hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Tour start or end city only, on the day of the pre or post accommodation booking. (iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the Tour Departure Date by: (a) entering Your flight details at the trip personaliser on the Website; or (b) contacting Us at the Customer Service Contact Address. (iv) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (v) If You miss the pre-booked transfer You will be responsible for making Your own way to the Tour departure point, at Your own expense. (vi) Unless expressly stated in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including Royal Suites transfer are not available in all locations. Please enquire for further details. (vii) Airport transfers may be scheduled shuttle transfers to coincide with multiple flight arrival and departure times. (c) Luggage (i) Tour participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28cms (30'' x 21''x 11'') and must not weigh more than 23kg (50lbs). (ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and also according to the class booked. (iii) It is Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted carriers or Service Providers may elect not to carry overweight items. (iv) You will be responsible for any excess baggage charges. (v) Due to limited luggage space on trains your main bags will be transferred on a separate luggage vehicle and will not arrive at your hotel until the evening or the next day. We therefore recommend that You use an overnight bag to pack essential items for overnight stay. Suitcases will be delivered to Your next destination. 8.2 Deposit Protection Plan Our Deposit Protection Plan is available at a cost of $125 per person per Tour excluding Russian cruises and Russian cruises and tours. The cost is non- refundable and must be paid at the time of Booking Your Tour. The Deposit Protection Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Deposit Protection Plan are available on Our Website. 9. Contact Details 9.1 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: Email: info@evergreentours.com.au Telephone: 1300 383 747 Postal: PO Box 807, Newcastle, NSW 2300 Australia This is the Customer Service Contact Address. 9.2 Our customer service centre is open from 7.30am to 6.00pm Monday to Friday and 9.00am to 1.00pm Saturday (excluding public holidays in New South Wales) (Sydney time). Although We hope You won't need it, Our after-hours emergency number when calling in Australia is freecall 1800 620 105. Other emergency contact details are included in Your travel documents. 9.3 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. 9.4 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. Reservations & Enquiries Direct Dial Australia Wide. Local call cost. 1300 383 747 Connect with Evergreen info@evergreentours.com evergreentours.com.au Tours operated by Evergreen Cruises & ToursĀ® (A division of Scenic Tours Pty Ltd. ABN 85 002 715 602). Brochure Code: DE/JPN/AUD2021

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