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Terms & Conditions The following terms and conditions (‘booking conditions’) form the basis of your contract with Australian Pacific Touring Pty Ltd (APT, ‘we’ or ‘our’. Please read them carefully as they set out your and our respective rights and obligations. Our terms and conditions are divided in two sections - those of generic nature that are consistent across all APT holidays; and those of a specific nature that relate to particular holiday packages. These Terms & Conditions were correct at time of publication. For the most up to date Terms & Conditions visit our website www.aptouring.com.au/legal/general-information-conditions GENERAL CONDITIONS: PY eras to confirm your booking, we are entitled to assume had the opportunity to'read and have read these borne conditions, that you agree to them and that you agree fo them applying to your holday arangements thal you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conalions to your "holday package are references to the tour package you have booked wi ferences to ‘cursors ao eiornoas 1D efor! Ups or tours ncldad cr available as part of your holiday package. Governing Law These booking conditions are governed by the law in force in Victoria, Australia. BEFORE YOU BOOK Price Validit Published prices are valid at the time of publication but are subject to change. They may be varied by advertising or special offers, or changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, aitine charges, a force majeure event or other material increases by supple. The most up to dat ping may be found on our .aptourng.com au. Prices vill be confimed at time of booking dh hongured or up fo seven days, Once the security deposit is paid the price will be guaranteed. All naa are subject to availability at the time of boo! Please see important information listed nde Special Conditions Bebe relevant deposit and final payment terms. Heat ort transfers are included on the first and last day of the holiday package at designated times. No refund will be given for unused transfers. Transfers cannot be re-routed to other pick-up points or destinations. Passengers who miss the pre-booked transfers must make their own way to/rom the hotel at their own expense. A group transfer is generally a shared transfer and the type of vehicle used will normally be dependent upon the size of the group. Freedom of Choice™ & Signature Experiences Minimum and maximum group numbers apply on some Freedom of Choice or Signature Experience inclusions. if your first choice of Freedom of Choice or Signature Experience is unavailable you may be asked to choose an alternative. Public Holidays & Festivals Most countries have public holidays, religious or otherwise. Festivities may temporarily distupt your holiday and some reas holidays may result in a reduction of facilities entertainment. Superdeals & S| Conditions apply. For full terms and conditions relating to any Superdeal or special offer on your booking, please go to www.aptouring.com.au/specialdeals. Other Special Offers Special Deals and Special Offers other than those advertised herein may be promoted by APT after the program is released. These new special deals/ofters do not apply to existing bookings unless otherwise sta APT Club Details including the full range of benefits and conditions, are available on our website at aptouring.com.au/aptolub BOOKING & PAYING FOR YOUR HOLIDAY Airfat res Air travel is arranged with independent airines. APT will arrange air travel as advertised in connection with your holiday package or otherwise arranged with APT. All airfares are subject to flight and booking class availability. Airfares will be booked and ticketed upon receipt of your deposit to avoid price or tax increases. Aiport taxes var departure point and routing of airline. Airline schedules are subject to change without Notice. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. APT is not liable for delays or disruptions of aif travel. Once tickets are issued APT will have no other liability and will not be responsible for reurcing th the cost of any services booked in conjunction with the flights. Airline Points Eligibil APT uses the services of a range of aifines in its packages. APT does not warrant that its airfares attract loyalty points as atines control the appiication of loyalty points in all cases. Requests use loyalty points to upgrade ave Neato be heel he airline concerned by the APT Deposit Cancellation aves of Mind Applicable when an upfront fee of $95 per person is paid with your deposit. The holiday package can be cancelled prior to the final payment date and your deposit will be retained as an holding credit to be used for future bookings. If Deposit Cancellation Peace of Mind is claimed, monies held must be Nn a future tour and cannot be redeemed against the original tour departure date. Deposits held in credit will exclude fees imposed by third parties, including but not limited to ait travel, rail travel and hotels. When booking airfares through APT 72 (including when taking advantage of a special offer that includes ait travel), standard airline cancellation fees will apply. In some cases, airfares will non-refundable. event of cancellation, these fees will be deducted from the deposit paid, and therefore the credit being held. APT Deposit Cancellation Peace of Mind applies to new bookings only ‘and is only valid up Until 100 days prior to travel. After three years, unused credit funds will incur the original cancellation conditions. This does not replace travel insurance, which you are required to purchase at the time of booking. Travel Insurance Travel Insurance is not included in your holiday package. For your protection, you are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the full cost of your holiday package, medical expenses. loss of luggage. land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes. Travel Information & Documents After booking you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your flight timings carefully on your tickets, particularly early moming departures. ‘Approximately 21 days before departure you will receive your e-ticket together with your final itinerary. However in the case of late bookings, charges or late payment, tickets may be emailed to you. Special Requests Where a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when ing is made. APT will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. APT will also pass on any dietary requests to the airline but we strongly fecommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availabilty, Credit & Debit Card Surch: If you pay APT by credit or debit card, surcharges will app In the oe yt credit cards a surcharge of between 1% and 3% (depending on the card used), will be added Sieur price. In the case of debit cards a charge of 0.5% will be added to the tour price. Accuracy APT has endeavoured to ensure that the information provided about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publication. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes are given for guidance only as changes. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described in our collateral as a result of local conditions, weather conditions, annual events. APT wil endeavour to notify you of any significant changes prior to your departure. Disruption to Itinerary Arrangements Itineraries are intended as a guide only and are subject to alteration without notice. Alterations may be necessary for various reasons including, without limitation, road or weather conditions, strikes or other reasons beyond APT's reasonable control. If conditions render any routes unsafe for navigation, APT reserves the right to provide alternative services including but not limited to accommodation. Under normal conditions, itineraries will operate as far as possible as detailed in this, publication. However, sometimes for reasons beyond our onto may be necessary to make alterations fo your liner. For example, it may be necessary to operate part of the itinerary by coach and alternative sightseeing may be included. APT wil not be liable for any direct or indirect costs that you incur as a result of any event of other factor beyond our control which necessitates a change in your itinerary. APT cannot guarantee exact aval and departure times for carriers and operators used by APT and APT will not be liable for failure to make connections with any other services or attractions beyond its control. The flight timings detailed on your confirmation invoice are for Bea only and are subject to alteration and confirmation. light timings are set by airlines and affected by events outside our control. Scheduled and charter flight timings, and days of operation are also subject to change. APT wil advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your fight tickets. Any change in the identity of the airline, fight timings or aircraft type (it advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancéliation fees ‘except where specified in these booking conditions. Out of Date Range Flights if aifines have not published their schedules or airfares at the time of your booking, APT will estimate the cost of airfares connected with your holiday package. When the aitine releases. flight inventory and airfares, APT will confirm seats and pricing by nding you an updated invoice. Once fights have been confirmed by you and payment has been réceived, APT wil issue your tickets. Force Majeure Force Majeure event means the occurence of an event that is beyond APT's reasonable control and which could not have Small Ships Australia & New Zealand 2022/23 been reasonably prevented by APT, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil sate, industrial dispute, terrorist activity or the threat of any such ts; (b) natural disaster (including but not limited to flooding, &s ‘earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law ‘or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes _in statute, regulation, determination, _ by-law, declaration, license and the common law as applicable from time to time, including changes or amendments in regulations ‘oF access to services, sites or countries caused by deciared epidemic or pandemic events. Termination of Contract or Change of Travel re If APT, in its reasonable opinion, considers that any Force Naeus event prevents APT (whether directly or through its . contractors, subcontractors and agents) from tawtuly F Safely providing any products or services subject of the booking contract with you, APT may immediately by written notice: (a) terminate the booking contract (in whole or in part); ‘or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs. Limitation of Liability in the Event of Force Majeur In the event that APT cancels or changes your travel arrangements in any way due to a Force Majeure event, APT will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, ‘expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. APT is not liable to refund any part of the deposit or purchase price paid by u if APT subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond APT's control. AS ‘are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to ond to these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of APT based on expected non-recoverable costs and expenses to be incurred by APT, including but not limited to overhead expenses and works or services performed personally by APT, leading up to the commencement of the holiday package, alternatively prior to the Force Majeure event. Data Protection Policy Any personal information (including sensitive information and health information) that APT obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also Contains information about how you may seek access to, or correction of, the personal information held about you, and our ‘complaint resolution procedures. Our Privacy Policy is available at_www.aptouring.com.au/privacy or by request to us. providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy. Limitation of Liability 1. Our holiday packages include the services of independent providers, such as hoteliers, aitlines, cruise companies and other operators, who are not agents, servants or employees of ~ Although we take care in selecting the independent service providers and the optional excursions conducted by ‘some independent service providers, APT is not responsible for the conduct of the independent’ service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, ‘swimming and snorkeling. You accept and assume the tis! involved with these activities. 2. If, in the opinion of any representative of APT, your mental or Physical condition, or general behaviour is such as to affect your ‘own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be pefmitted to embark or continue On the whole or any part oft the pokey package. APT representatives ‘are empowered to lests tO depart a holiday package if they are Sepa a COVID-19 symptoms. Abuse or harassment of any kind toward crew, contracted suppliers or ‘other guests may result in immediate removal from a holiday package. Guests will be responsible fora ing and paying for their own transport home if they are asked to leave the tour. APT is not liable to you for any costs Sneed with such decision and you will not be refunded for any part of the holiday package. 3. APT accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control. 4. Any term, condition or warranty Tressel or implied by statute or otherwise in respect of the holiday packages contained in any of our collateral are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the appicaton ‘of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced. 5. To the full extent permitted by law, APT's liability arising under or in connection with these booking conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of ré-supply of the products or services to you: and (b) excludes liability for any indirect or consequential losses Suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
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