1. THE BOOKING CONTRACT
Your booking is confirmed, and a contract exists when EE or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to EE or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to EE.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying EE or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and EE will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. HEALTH AND FITNESS
You warrant that you have a basic level of physical fitness and mobility and are able to negotiate uneven surfaces, climb stairs and board boats. EE reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
EE reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where EE determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to EE at the time of booking. EE may refuse to carry women who are over 24 weeks pregnant. EE may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not provide medical information reasonably, EE reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician's advice on vaccinations and medical precautions. EE does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with EE may involve visiting remote or developing regions, where medical care may not be easily accessible, and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies, and EE makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to EE at the time of booking. EE will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to EE at the time of booking, but EE cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and EE and EE is not liable for any failure to accommodate or fulfil such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany only one minor. Unless otherwise indicated in the Tour description or by EE.
All bookings with a minor are subject to review and approval by EE. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. EE will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behaviour, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. EE does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. MANDATORY INSURANCE REQUIREMENTS
You must have Travel Insurance with a minimum medical, evacuation and repatriation coverage of US$200,000 covering all applicable dates of travel with EE. This insurance must cover personal injury and emergency medical expenses. On the first day of each Tour, a representative of EE will verify that you have sufficient insurance in place. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of any Tour offered by EE and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
EE will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes
From time-to-time EE may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by EE are not entitled to the reduced pricing.
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking EE's website at least 72 hours prior to departure as minor changes may have been made after the time of booking.
At the time of booking, a non-refundable deposit in the amount specified in the chart below, as applicable, per person per Tour is due to EE. If the booking is made 60 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to EE or authorized agent, as applicable.
Full payment of the tour cost
80% of the tour cost
AUD$200 per person per tour
AUD$500 per person per tour
Full payment of the tour cost
Certain products or services offered by EE may require you to make full payment at the time of booking. EE will advise you of any such requirements prior to confirmation of the applicable booking.
10. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by EE along with final payment. If you fail to supply information required by EE for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by EE, EE also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by EE, in its sole discretion. The information required by EE will vary by Tour and will be communicated to you or to EE's authorized agent during the booking process. EE will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
Tour prices do not include international or other airfare unless expressly mentioned in the Tour's descriptions. EE will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by EE or the applicable air carrier(s).
EE acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier's applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. EE is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.
12. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by EE or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked (excluding Hero Tours, Day Tours, and any promotional products or services booked via third-party agents) is due 60 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, EE may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
EE is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to EE.
13. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying EE. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by EE and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).
CANCELLATION OF A TOUR:
(a) Cancellation received 60 days or more before departure of first product or service in relevant booking: the non-refundable deposit will be forfeited in accordance with these Terms, the remainder of the payments made to EE in respect of the cancelled product will be refunded.
(b) Cancellation received 30-59 days before departure of first product or service in relevant booking: the non-refundable deposit will be forfeited in accordance with these Terms, an amount equal to 50% of the remainder of the payments made to EE in respect of the cancelled Tour will be refunded.
(c) Cancellation less than 30 days before departure of first product or service in relevant booking: the non-refundable deposit will be forfeited in accordance with these Terms, and no further refund will be payable.
For certain products or services offered by EE, including bookings on or related to the Hero Tours, Day Tours, and any promotional products or services booked via third-party agents, alternative cancellation terms may apply. EE and the authorised booking agents will advise you of any such requirements prior to confirmation of the applicable booking.
CANCELLATION OF ARRIVAL TRANSFERS, PRE AND POST NIGHT ACCOMMODATIONS, MY OWN ROOM AND OPTIONAL ACTIVITIES BOOKED DIRECTLY WITH EE:
(a) Cancellation 31 days or more before departure: you will receive a refund less an admin fee of AUD$50 per transaction in respect of cancelled Arrival Transfers, Pre and Post Night Accommodations, My Own Room and optional activities.
(b) Cancellation 30 days or less before departure: No refund will be payable in respect of any cancelled Arrival Transfers, Pre and Post Night Accommodations, My Own Room and optional activities.
14. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
A departure date for a Tour offered by EE will become a guaranteed departure when the bookings of minimum group size secured by a valid deposit has been made on that departure.
EE guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the EE's website or by contacting EE. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If a Tour is cancelled by EE before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from EE:
(a) a substitute Tour of equivalent or superior value; or
(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from EE the difference in price between the price of the Tour originally purchased and the substitute Tour; or
(c) a full refund of all monies paid for the cancelled Tour.
If a Tour is cancelled by EE before the date of departure due to unforeseeable circumstances such as, but not restricted to, severe weather conditions or force majeure, EE will refund all monies except visa costs, credit card merchant fees and any cancellation fees levied by airlines and other third parties agents and supplier.
EE is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, EE reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, EE will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, EE may provide you with a refund for unused products or services as determined in its discretion.
15. TRAVEL DOCUMENTS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid at least 6 months after the last date of travel with EE as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by EE that is a direct result of your failure to secure or be in possession of proper travel documentation. EE does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that EE is not responsible for any errors or omissions in this information.
16. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of tour travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by EE. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of EE (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of EE, including your removal from a Tour because of your negligence or breach of these Terms.
CHANGES MADE BY EE:
EE may modify your itinerary where reasonably required in its sole discretion. If EE makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a "Material Change"), EE will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
iv) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify EE of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of EE. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with EE, whether or not such expenses arise from a change of itinerary, and EE is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. EE will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
CHANGES MADE BY YOU:
You are responsible for ensuring that information provided to EE is accurate and up-to-date. Any changes to your name on any booking are subject to EE's approval. Any changes to a booking depend on availability and are subject to EE's approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administration fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 16 days of departure of the first product or service on the applicable booking.
You agree to attend the itinerary as what is listed by joining the Tour including, but not limited to Hero Tours, Classic Tours, Expedition Tours and Day Tours. You must at all time stay with the group according to the set itinerary from the start and to the end of the Tour included in the applicable booking.
You acknowledge that in the event of any partial or complete no show of the Tour including, but not limited to, flights or the relevant component of your booking, the booking will be treated as a cancellation whereby the remainder of the unused services will be forfeited and no refund will be payable.
You are responsible for any costs incurred by EE or EE's suppliers for retaining the booking caused by No-show.
19. ACCEPTANCE OF RISK
You acknowledge that tour travel and the products and services offered by EE may involve a significant amount of risk to your health and safety. By traveling with EE you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release EE from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including tour travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by EE.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in "extreme sports" or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that EE is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of EE (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, EE may terminate your travel arrangements on any product or service immediately at your expense and without any liability on EE's part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by EE or EE's suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of EE and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither EE nor its Third-party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to EE as soon as possible in order to provide EE with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of EE or EE's customer service department directly. EE assumes no liability for complaints that are not properly brought to the attention of EE and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by EE within 15 days of the last day of travel of the booking in question.
20. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
EE makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties ("Third Party Suppliers") to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although EE takes all reasonable care in selecting Third Party Suppliers, EE is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and EE does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
EE is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than EE and its employees.
EE is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
21. OPTIONAL EXTRAS
"Optional Extras" refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by EE's representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and EE makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of EE regarding any Optional Extras. You release EE from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
You may be given the opportunity to shop as a group for local specialty products of cultural and economic significance to the country's heritage as part of the tour learning experience. There is no obligation to purchase any goods. EE and EE's employees are not affiliated with these stores and not qualified nor permitted to ensure or guarantee the quality or value of any goods purchased or the suitability of any retail outlets visited.
You acknowledge you have considered the potential risks in all cases the purchase of goods and the use of a credit card for those transactions and at your own discretion at all time. EE is not responsible for any incidental expenses or consequential losses that you incur as a result of any Shopping purchases.
EE and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against EE for any such loss, damage, injury, or death.
In the event that EE found liable for any loss or damage which cannot be excluded or despite the limitation above, then to the maximum extent permitted by law, our liabilities will not exceed the fees that you paid to EE or AU$500.00, whichever is the lower amount.
24. FORCE MAJEURE
EE will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for EE failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of EE; or an event which EE or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute "Force Majeure".
25. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, EE or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to EE, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
28. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
29. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the courts located in the State of Victoria, Australia for the resolution of any dispute under these Terms or concerning any Tour, product or service.
EE reserves the right to update or alter these Terms at any time, and will post the amended Terms on EE's website at https://www.expeditionexclusive.com.au/booking-terms---conditions.html. Any amendment will take effect immediately after being posted to the EE's website. An up to date copy of these Terms, as amended, may be accessed at any time on EE's website and will be sent to you upon written request to EE. You are deemed to have accepted any amendments to these Terms on the date that is posting on the EE's website. EE recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.