These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Travelling Divas” means Powis Consulting as Trustee for The Powis Trust ABN 24 049 272 152
ENTIRE AGREEMENT: These Standard Terms and Conditions form part of the agreement between Travelling Divas and You. Also part of that agreement is the: Overview, Tour Details, Itinerary, Booking Form, Tour/Travel Service Booking Conditions and Travel Participation Waiver (together the “Agreement”). Together these documents form the entire Agreement and no other representation, term, warranty or condition can be expressed or implied.
We act as agent for the principal suppliers of some of the travel arrangements we sell. Where we act as agent, your contract for the delivery of travel arrangements will be with the principal supplier, and will be subject to their booking conditions. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal supplier. Our responsibility to you where we sell travel arrangements as agent for the supplier is specified in the ‘Responsibility’ section below.
BOOKINGS: You accept the Agreement when you complete a Booking Form and send it to Travelling Divas. Each traveller is required to complete a separate Booking Form and submit it to Travelling Divas.
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund or credit.
INCONSISTENCY: If there is any inconsistency between the documents which form the Agreement, then the Standard Terms and Conditions prevail. You accept there may be variations to the Overview, Tour Details and Itinerary from time to time at the sole discretion of Travelling Divas without notice to you. Any variations made by you to the Agreement must be agreed with Travelling Divas in writing.
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.
PRICES & EXCLUSIONS: Prices stated are in Australian Dollars ($AUD), Euros or American Dollars (USD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
PRICE SURCHARGES: We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation, fuel or air fare surcharges, or the imposition of new or amended Government charges.
We will not surcharge for currency fluctuations once full payment has been received by us.
DEPOSIT: A deposit & booking fee as specified in any tour specific terms or otherwise on your booking invoice is required within 5 days (unless otherwise stated) of us accepting your booking. 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 or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
FINAL PAYMENT: Payment in full must be received by the date(s) reflected on your invoice. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation.
For late bookings (bookings within 90 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.
AMENDMENTS BY YOU: Amendment requests must be made in writing. We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $50 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
CANCELLATION BY YOU:
Covid-19 credit redemptions
If: (a) we issued you with a credit due to your original travel arrangements being disrupted by Covid-19 and associated restrictions; and (b) you have redeemed that credit for new travel arrangements; then (c) you agree that we will not be obliged to refund you the value of the credit if you cancel your new travel arrangements.
If you cancel travel arrangements that have a value which exceeds the value of your credit (Excess Payment), then we will refund you the Excess Payment, less cancellation fees in accordance with the table below, calculated from the date which we receive written notice of cancellation:
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) unrecoverable third party costs and other expenses incurred by us in relation to your travel arrangements; (b) overhead charges incurred by us relative to the price of your travel arrangements; and (c) 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.
Other Cancellations
If you wish to cancel your trip for other reasons, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:
If you cancel a trip that has been subject to minimum numbers, and your cancellation results in the tour failing to meet minimum numbers, then you agree that cancellation fees in addition to those set out above are applicable. Additional cancellation charges will be calculated based on additional costs we incur due to the trip not satisfying minimum numbers because of your cancellation. Please be aware that this may result in a 100% cancellation fee being charged.
You must take out comprehensive travel insurance at the time you pay your deposit. Cancellation fees become payable from that time.
GENERAL: 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.
ILLNESS PREVENTING OR VACCINATION STATUS PREVENTING TRAVEL: If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19) or vaccination requirements:
and you are consequently prevented from commencing or continuing your trip, then:
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.
VARIATIONS BY TRAVELLING DIVAS: If Travelling Divas need to vary or postpone the tour or part of it, prior to or during the tour, for reasons beyond their control, you agree that they bear no responsibility for this and unconditionally authorise them to vary the tour.
If Travelling Divas become aware of variations prior to the commencement of your tour which mean that the tour is materially different from the original tour itinerary then you have the right to:
.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:
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 Majeure – 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 Majeure – 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 cancellations
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 trip of substantially equal quality if appropriate.
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.
AMENDMENTS BY YOU: We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $75 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
AMENDMENTS BY US:
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
General
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 or 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.
VACCINATIONS: It is mandatory for you to be fully 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.
MINIMUM NUMBERS: Tours are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation. You must not book flights until we confirm that minimum numbers have been achieved.
CREDIT CARDS: If you pay by credit card then a credit card surcharge will apply. The amount of the surcharge will be advised at the time of booking. Diners cards are not accepted. There is no surcharge for payments made by cash, cheque or direct deposit in Australian Dollars to our nominated Australian bank account. All foreign currency transactions will incur bank fees and these will be passed to you.
PASSPORT AND VISA RESPONSIBILITIES: You must ensure that your passport is current and you have obtained the necessary Visa/s for the tour. All international passengers require a current passport with at least 6 months validity. If you are not travelling on an Australian passport, you may need a re-entry permit. Travelling Divas is not responsible or liable for any loss or expense due to your failure to have a valid passport or visa. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.
SHARING A ROOM: We offer a matching service for solo travellers who are willing to share twin accommodation, saving on single supplements. Only travellers of the same sex will be matched. There are no guarantees that a match will be possible and we do not warrant the suitability or characteristics of any persons we match. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you. If we are unable to find a match, single supplements will apply.
UNUSED, LOST & DENIED SERVICES: No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
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.
CLIENT NAMES – EXACTLY AS PER PASSPORT: For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
ACCOMMODATION: Whilst every effort is made to ensure accommodation and rooming arrangements are the best available for each traveller, these arrangements are provided by third party accommodation providers and cannot be guaranteed. Requests for smoking /non smoking rooms will be passed onto accommodation providers, but cannot be guaranteed. In heritage accommodation, room size and layout can vary from room to room. You are responsible for any costs incurred as a result of changing your room at your discretion, damage or excess cleaning fees.
We reserve the right to substitute hotels, vessels, and other forms of accommodation with properties or vessels of a comparable or higher standard.
BAGGAGE: Porterage for 1 suitcase per person on tour is included in the tour price. Baggage allowance is a maximum of 23 kilograms per person in economy; 30 kilograms per person in business and 40 kilograms in first. We recommend no more than 1 medium suitcase (preferably with wheels) plus carryon per person and a small suitcase for Australia/NZ domestic trips. Safari flights have specific requirements and will be advised during the booking process. Excess baggage fees for charter, international and domestic flights will be your responsibility.
TRAVEL PARTICIPATION WAIVER: You must disclose in writing your level of fitness and any special needs you have and read and agree to the Travel Participation Waiver. You must agree to the Waiver at the time of booking.
HEALTH & FITNESS: It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
TRAVEL INSURANCE: It is a condition of your international bookings and strongly encouraged for domestic bookings, that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours. 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.
DIETARY REQUIREMENTS: Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. 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.
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.
AUTHORITY ON TOUR: When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
IMAGES AND MARKETING: When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.
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. Other countries citizens please refer to your government travel advices.
RESPONSIBILITY:
Where we sell travel arrangements as agent:
We will tell you if we are selling travel arrangements as agent. Where we sell travel arrangements as agent, you agree that our responsibility to you is limited to arranging for you to contract with the principal supplier of the travel arrangements. You agree that you will be subject to the principal supplier’s booking conditions, and that any claim in connection with the supply (or failure to supply) those travel arrangements must be made directly against the principal supplier. We will in no way be responsible for the actions or failures of the principal supplier or any person engaged by them.
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.
General liability limitation:
You acknowledge that 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 the travel arrangements resupplied.
THIRD PARTY CONDITIONS: All coupons, vouchers, receipts and tickets issued by the airlines, hoteliers and transportation companies and other service providers are issued subject to the terms and conditions of liability contained in those documents, which may limit or exclude liability for death, personal injury, delay, and loss of or damage to baggage and are subject to the laws of the country where the services are provided.
PROMOTIONAL MATERIAL: You accept that Travelling Diva’s endeavours to provide you with clear, accurate and timely information about destinations and tours but as third parties provide that information, no guarantee as to accuracy can be given. Anything described may be subject to change at any time. Maps and photographs are included for general information only and may be digitally enhanced and/ or not reflect actual locations, services, quality, routes or distances. Travelling Diva’s reserves the right to change information displayed in its promotional material and Agreement at any time without notice to you unless prohibited by law.
FREE TIME: While on tour you may have the opportunity to join the tour escort for activities in free time outside the tour which may involve catching taxis or using public transport to shopping/dinner locations or other destinations. The tour escort and Travelling Divas will not be liable for any accident, injury, death, property damage or loss in relation to such activities.
PRIVACY: Travelling Divas collect your personal information to process your booking and to keep you up to date with business offers and product information, which you can opt out of at any time. In certain circumstances Travelling Divas must also provide your information to third parties such as accommodation providers and tour operators, customs and immigration authorities, some of whom are overseas and may not have the same level of protection of personal information as in Australia. You must give us your consent to use and disclose your information for this purpose. Travelling Divas will keep your personal information securely, and if that information is critical and/ or sensitive, it will keep it in confidence.
COMPLAINTS: In the event of a problem with any aspect of your travel arrangements you must tell us or make the tour escort 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.
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.
GENERAL: The contract between Powis Consulting as trustee for The Powis Trust trading as Travelling Divas and you is governed by the laws of the State of Queensland. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.
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, and our Privacy Policy, which is published here travellingdivas.com
ASSIGNMENT:Travelling Divas may at its complete discretion assign or novate all or any of the rights and liabilities arising under or by virtue of this Agreement to any third party.
INTERNATIONAL LAWS: Travelling Divas relies on international convention, which may apply to the services provided by us, third parties or agents with respect to any claim of any nature brought by you against Travelling Divas as a result of this Agreement and the services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. The benefit of all these conventions is relied on to limit liability in relation to any claim for death, injury, loss, damage and delay to passengers and luggage.
Updated: 17 MARCH 2022
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