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and a significant additional charge. If you change the number of people in your party, the price of the arrangements will be recalculated for the new party size e.g. this may mean that accommodation is under-occupied and each member of the party may have to pay an increased price. Any increase in price caused by changes you have requested is not a cancellation charge even though it may arise because a member of your party has cancelled. Any change by you to your confirmed arrangements after departure is in all cases subject to availability and any relevant costs. Transfer of Booking: If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions: -that person is introduced by you and satisfies all the conditions applicable to the Arrangements; - we are notified not less than 7 days before departure; -you pay any outstanding balance payment, an administration fee of A$185 per person as well as any additional fees, charges or other costs arising from th transfer; and - the transferee agrees to these booking conditions and all other requirements applicable to the holiday booking. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services. 6. IF YOU CANCEL You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. We recommend ‘Recorded Delivery’. Cancellation takes effect the day we receive your letter or email. Since we incur costs in relation to your arrangements from the time we confirm your booking you will have to pay the applicable cancellation charges as shown in the table below (which also applies if we cancel because you have failed to make payments on time - see ‘Payment’ section) together with the cost of any airfare for which we have had to pay at the time of the booking and will be payable immediately on cancellation. When the Charges as a% cancellation of the total letterisreceived holiday cost by us before (excl. insurance departure premiums) goormoredays 25% 60-89 days 40% 28-59 days 70% 14-27 days 90% Lessthan14days 100% If you have to cancel for a reason covered by your travel insurance you may be able to reclaim the cancellation charges, less applicable excess. Insurance premiums are not refundable. 7. IF YOU CANCEL DUE TO FORCE MAJEURE You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please see clause 9 for more information on Force Majeure. 8. IF WE CHANGE OR CANCEL YOUR BOOKING We reserve the right to change any of the details and correct any errors in this brochure or invoices at any time. If changes are made before you have made your booking we will advise you before we confirm your arrangements. We reserve the right in any circumstances to cancel your travel arrangements (for example if a minimum number of participants for particular travel arrangements is not reached, we may have to cancel it) and to change airline, aircraft types, vessels and itineraries without liability for any subsequent loss. Even after we have confirmed your booking we may have to cancel or make alterations to your booking but we will not cancel your travel arrangements less than 60 days before your departure except for reasons of force majeure or failure by you to pay the final balance in full. Most alterations will be minor and while we will do our best to notify you or your travel agent of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Occasionally we may have to make a significant change (“Significant Change”) to your confirmed arrangements. If we have to make a Significant Change we will notify you as soon as possible and you may either: (a) accept the Significant Change and the contract between us will then be varied to incorporate the change; or (b) take alternative arrangements altogether (subject to availability). If the alternative arrangements selected are a lower price than those originally confirmed the difference will (if already paid) be refunded to you; or (© withdraw from the booking completely in which case we will, as soon as possible, refund all money paid tous. You must inform us of your decision as soon as reasonably possible and not later than 7 days of being informed of the alteration. If you choose (a) or (b) above, you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, as per the amount shown in Scale A below. If you choose (c) we will pay you compensation shown in Scale B below. In all cases, we will have no liability for any other or greater compensation or for expenses or losses incurred. Period before —_ Credit/Compensation departure date per fare paying notification passenger givenbyus (excluding infants)* ScaleA Scale B 0-7 days AS93 — AS46 8-14 days AS74 AS$37 15-28 days ASs6 A$28 29-42 days A$37 S19. 43-59 days A$i9 A$o *The compensation shown above applies to full-fare paying adults only. Children or others travelling at concessionary rates will receive compensation pro-rata based on the concessionary price against the full adult price as shown on the confirmation. IMPORTANT NOTE: We will not pay you compensation in the following circumstances: — where we make a change that is not a Significant Change; — where we make a Significant Change or cancel your arrangements more than 60 days before departure; where we have to cancel your arrangements asa result of your failure to. make full payment on time; where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; -where we are forced to cancel or change your arrangements due to Force Majeure (ee clause 9). Please note: where arrangements with a higher price than the original arrangements are offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if the arrangements offered by us and accepted by you are of a higher price than those originally booked by you and in the same location where no additional payment is made by you. If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation. A flight or ship delay does not constitute a change to holiday arrangements. 9. FORCE MAJEURE Except where otherwise expressly stated in these Booking Conditions we are unable to accept liability or pay compensation where the performance or prompt performance of our contractual obligation is prevented or affected by reason of circumstances amounting to ‘force majeure’ i.e. any event which we or the supplier(s) of the service(s) could not, even with due care foresee or avoid. Such events may include, but are not limited to, war, threat of war or civil commotions, riots, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather, fire, flood, drought, government action, airport and port regulations and closures, technical transportation problems, maintenance to vessels, scheduling of transport and similar events outside our control. A flight or ship delay does not constitute a change to holiday arrangements. 10. COMPLAINT PROCEDURE If there is a problem during your holiday, you must report it on board immediately orto the relevant airline, ground handler, hotelier or another supplier, so that prompteefforts can be made to resolve the problem. In the unlikely event that a problem cannot be resolved at the time and you wish to complain, you must send us full written details within 28 days of your return. Failure to take either or both of these steps will prejudice our ability to resolve your problem and/or investigate it fully. In consequence, any right to compensation you may have will be extinguished or, at the very least, substantially reduced. Where the port of embarkation for your sailing is in the EU then any complaints relating to EU Regulation 1177/2010 on Passenger Rights when travelling by Sea and Inland waterways must be made to us in writing no later than 2 months after return from travel or the date on which the service complained of was performed. We will provide a final reply within 2 months. You must supply full details to enable us to deal with your complaint. Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 11 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at http:// ec.europa.eu/consumers/odr/. This ODR platform isa means of registering your complaint with us; it will not determine how your complaint should be resolved. 11. OUR LIABILITY TO YOU (i) We will accept responsibility for those arrangements we agree to provide or arrange for you as an ‘organiser’ under the Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on Package Travel (and subsequent UK regulations) as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which our or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us. Gi) Where death and or personal injury and or loss of or damage to property occurs during carriage by air or by sea then liability and the extent of damages recoverable will be dealt with by International Conventions as set out in paragraphs (iv) and (v) and not otherwise. (iii) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 12 (vi) below. (iv) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay ina hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements orhotel stay in question. (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea).
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