Specific Conditions for HolidayMax Travel Operations Pty Ltd

HolidayMax Travel Operations

These booking conditions relate to HolidayMax Travel Operations Pty Ltd (HMTO) a travel wholesale company that sells specific services such as River Cruises, Tours, Shore Excursions, Local Representative, along with other services.

These Booking Conditions set out the terms on which you contract with us for the delivery of travel arrangements for your trip. By making a booking with us, including via one of our agents, you acknowledge that you have read, understood and agree to be bound by these published Booking Conditions. A contract between us and you comes into existence subject to these Booking Conditions when your booking request is accepted and you have been issued with a written confirmation by us or one of our agents.

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.

HMTO sells travel services to other agents that you may have booked via, including but not limited to Kalhaven Holdings Pty Ltd (the HolidayMax travel agent in Australia) and HolidayMax Travel Services Pty Ltd (the HolidayMax travel agent for people booking from the United States of America and other countries). HMTO operates separately from those travel agents. Those travel agents may sell you other travel services, not associated with those we provide you.

"You" and "Your" means all persons named in a booking (including anyone who is added or substituted at a later date). "We", "us", "our". "HMTO" and "HolidayMax Travel Operations" means HolidayMax Travel Operations Pty Ltd a company located in Australia ACN 676 808 585.

Payments

A deposit is required at the time of booking (20% of the booking value). Full payment is required within 14 days of the initial Reservation Confirmation being issued.

If full payment is not received within 14 days of booking, we may treat your failure to pay as a "change of mind" cancellation by you; and we reserve the right to collect additional payments from you to cover any additional costs and losses resulting from your failure to pay. We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement of travel for circumstances beyond our control such as currency devaluation, fuel or airfare surcharges, or the imposition of new or amended Government charges.

Traveller Details & ID Requirements

You are required to provide any requested Traveller Details or other information promptly, completely and in the format required. Any additional costs incurred as a result of any delay in us receiving this will be your responsibility, including you bearing the responsibility for increases in currency fluctuations etc. Some Independent Service Suppliers may deny you the services if your ticketed name does not match your passport or other ID. For security reasons, international airlines and overseas Independent Service Suppliers require you to provide names and other Traveller Details to us exactly as stated in your passport. If you do not advise the correct Traveller Details and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such cancellation charges or re-issue fees) in addition to our own amendment and re-issue fees.

Responsibility & Liability Limitation

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. The services we provide to you are limited to the arrangement and coordination of your travel arrangements that is delivered to you by local Independent Service Suppliers.

HMTO is a wholesaler of holidays or travel services. In all events the travel is delivered to you by the local Independent Service Suppliers. HMTO does not own, manage, control, or operate any vessel, vehicle, aircraft, hotel, restaurant, or other service provider. The scope of services HMTO supplies to passengers is limited to the arrangement and coordination of independent third parties to deliver services. HMTO does not deliver services, all services are provided by independent third parties. HMTO acts as an agent on behalf of principals (Independent Service Suppliers).

HMTO or its accredited agents finalise all arrangements for all holidays or travel upon the express condition that it shall not be liable for any injury, damage, loss, accident, delays generally or any irregularity which may be caused either by reason of any defect in any vehicle, vessel or aircraft of any company or person engaged in conveying or accommodation of passengers, or in the carrying out of arrangements of the holidays or travel.

We are not responsible for delivering the travel services to you, or for the standard of any travel service provided by Independent Service Suppliers. 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.

All bookings are subject to the terms and conditions, including conditions of carriage, limitations of liability and cancellation conditions, imposed by the Independent Service Suppliers. Cancellation or amendment fees imposed by Independent Service Suppliers may be applicable immediately after booking and may be as much as 100% of the booking. The relevant Independent Service Supplier terms and conditions may be published on the Independent Service Supplier's own website or we can provide you with copies on request. Specific details of principals available on request. It is your responsibility to familiarise themselves with the terms and conditions applicable to each Independent Service Supplier. Your pre-payment may in-turn be pre-paid by us to the Independent Service Suppliers before travel.

The Independent Service Suppliers may make travel arrangements with other local third parties, who may also impose conditions on you. Ask for details of the conditions imposed by the Independent Service Suppliers and their own local third parties.

Should you encounter any dissatisfaction in the delivery of services from an Independent Service Supplier whilst travelling you must immediately inform the Independent Service Supplier. You must request the Independent Service Supplier put any issues or failures right at the time and give them the opportunity to do so. Any disputes between you and an Independent Service Supplier is to be resolved between you and the Independent Service Supplier. If for any reason any Independent Service Supplier is unable to provide the services for which you have contracted, or you are not satisfied with the standard of any service provided, your remedy lies against that Independent Service Supplier, and not against us. 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 or the USA. Any optional excursions described are indicative example excursions that may potentially be available for your travel, and is subject to availability, operational needs and change; any optional excursion pricing described is indicative pricing and subject to currency fluctuation and change. We take no responsibility for any additional activities or optional excursions which are not included in the cost of the holiday booked with us and confirmed by us (such as optional excursions you purchase directly with an Independent Service Supplier). We are not responsible for any advice or recommendation made to you by a guide, local tour operator or Independent Service Supplier. We will only consider and be responsible for claims made against us where (a) the Independent Service Suppliers have had the opportunity to put things right on the ground, and then if still unsatisfied (b) we have had the right and opportunity to put things right whilst you are still travelling. If your problem remains unresolved to your satisfaction, then any claim must be made in writing and in full within 30 days from the end of your travel arrangements. 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 Service Supplier (or one of their local third party suppliers).

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 our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

When joining a group tour, cruise or holiday, 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.

Acting as an intermediary: Where a third party over whom we have no direct control (such as Independent Service Supplier or one of their local third party suppliers) 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 Service Supplier and arranging for them to provide those travel arrangements to you. Independent Service Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, shipping companies, hotels, transport companies (ie vehicles not operated by us) and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them. 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.

Acting as a principal: To the extent only that we are the principal supplier to you of travel arrangements or other services which we are deemed to 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 an intermediary for 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. HMTO accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.

Special liability limitation provision for river cruises: You are explicitly subject to the General Terms and Conditions of the independent Shipping Company providing your river cruise, this including conditions of carriage and specific liability limitation. These are available on request. You explicitly agree that the liability to the passengers on a river cruise on central European rivers (such as those voyages to/from Amsterdam, Budapest, Basel or Vilshofen) is limited to the extent set out in the Inland Waterway Transportation Act (Germany), including the liability of independent Shipping Company providing the cruise.

It is a condition of booking that all parties agree that the transaction occurs in the Australian State of Western Australia and that the applicable laws of Western Australia shall apply. All parties unconditionally agree to submit any dispute in connection with the booking agreement to the jurisdiction of the Courts of Western Australia. If any of part(s) of this agreement is not upheld, both parties agree that the remaining sections of this agreement remain in force. The invalidity of any provisions herein shall not affect the validity of any other provisions. The agreement shall be construed as though the invalid provision was not contained herein and was replaced with an enforceable provision as similar as possible to the original provision. 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.

Travel Insurance

HMTO strongly recommends you take out travel insurance to cover any unforeseen circumstances. The Australian and US governments strongly recommend comprehensive travel insurance for all international travel. Your insurance protection should include cover for cancellation, travel disruptions, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance.

Luggage

Luggage restrictions may apply, especially for air travel, train travel, cruises and on overnight touring (especially 4WD tours). Check with HMTO or your agent if you are unsure.

Cancellations

If you cancel all or part of your holiday this is considered a "change of mind" and the following will apply:

You should contact us or your agent as soon as possible. Cancellations must be made in writing by the person that made the booking (this helps to protect you).

Cancellation fees apply, as follows:

• calculated from the date which we receive written notice
• More than 90 days before commencement: deposit (20% of the booking value)
• 90 days to 60 days before commencement: 50% of the booking value
• Within 59 days or no show 100% of the booking value

You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

Additional cancellation fees or unavoidable charges may apply from Independent Service Suppliers and other third-party costs associated with your cancellation (which may be applicable immediately after booking and may be as much as 100% of the booking). We strongly recommend Travel Insurance to cover cancellation charges, service fees and travel disruption costs.

For the avoidance of doubt, any cancellation by you is considered a change of mind by you, including if your reason to cancel is due to any health issue, jury duty, bereavement or fear of travel. Note your Travel Insurance should cover most contingencies. You are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence of any cancellation or amendment, including if you decide that you do not wish to travel or to visit a region or country you had intended to visit because of any changes within the country, any government regulation/law/advice, or any condition/requirements imposed by Independent Service Suppliers.

Amendments

Should you wish to add any services to your arrangements following the confirmation of your holiday, there will be no amendment charge. Should you need to amend the dates of any services following their confirmation, a $100 amendment service fee will apply and you will be required to pay any greater costs, if applicable, in full. Should you need to partially cancel any confirmed services, a minimum $100 amendment service fee will apply.

Please note additional amendment or cancellation fees and non-refunds by the Independent Service Suppliers may also apply. Changing the date of travel or changing a traveller's name is considered a change of mind cancellation (see "Cancellations" above).

Refunds

Refunds may be available if you decide to cancel or amend your booking prior to travel, see the "Cancellations" section for details of the Cancellation Fee and other third-party cancellation fees and changes.

Refund requests are to be submitted in writing to us or your travel agent by the person that made the booking (this helps to protect you). In any event, all refunds will be less any third-party costs we have incurred (or are liable to pay).

Holiday Inclusions

The inclusions published are accurate at the time of publishing but details may change for various reasons. Please study these conditions carefully and check the specific holiday details quoted by us or your agent in your Individual Costing or your travel agent before you book. All holidays, inclusions and bonuses subject to availability at time of booking. 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. Some overseas destination governments may impose a local tourist tax that must be collected locally by the hotel from you and is your responsibility to pay in accordance with local laws.

Itineraries, Travel Disruptions & Force Majeure

Itineraries, vehicle types and vessels are subject to change without notice. HMTO (and its Independent Service Suppliers) reserve the right to delete, cancel or alter holidays, tours, cruises, activities, transfers, flights, accommodation or other travel arrangements without notice or explanation. Holiday inclusions may be deleted, cancelled or altered without notice. If we cancel your travel arrangements, neither of us will have any claim for damages against the other. Should accommodation, vessels or vehicles described in a specific holiday be unavailable, a similar alternative will be used, your travel agent will be informed of the alteration. We will provide either alternative arrangements or a Travel Credit if cancelled or deleted by HMTO (or its Independent Service Suppliers) outside of a Force Majeure event. Alternative arrangements will be provided if holidays, holiday inclusions, itineraries, vehicle types or vessels are altered by HMTO (or its Independent Service Suppliers) outside of a Force Majeure event.

A Force Majeure event is defined to include any road or weather conditions, unrest, security or public health concerns, strikes, government travel restrictions, government travel advisories or any other reason beyond HMTO's control. If your holiday (or any travel arrangements) is postponed, disrupted, deleted, cancelled, suspended, altered or otherwise impacted as a result of a Force Majeure event or from external consequences that make our performance of the agreement impossible or for any other reason beyond our control then we will provide you with a Travel Credit (less any third-party costs, unrecoverable amounts and fees from supplier Independent Service Suppliers). The Travel Credit can be applied to the cost of a future holiday with us, it will be non-refundable and may also be subject to Independent Service Supplier conditions of use and our conditions of use. For the avoidance of doubt, refunds will not be offered in a Force Majeure event or when external consequences that make our performance of the agreement impossible or for any other reason beyond our control.

Your travel may be subject to travel disruptions, which can include delays, suspension, re-routing, alterations and cancellations to flights, cruises, tours, transfers, transportation and other travel arrangements. Additional expense as a result of any travel disruptions or any postponed, deleted, cancelled or altered travel arrangements will always be at the passenger's cost (even if that impacts other inclusions within your holiday). For the avoidance of doubt, should any other travel service be disrupted (such as cancelled flights), which affects your ability to use any travel service sold by HMTO, it is your responsibility to pay for alternative travel services (such as replacement flights) to meet your HMTO travel service; any subsequent cancellation of your HMTO travel service is deemed a change of mind cancellation. Travel insurance is strongly recommended to cover for this.

In the event of Force Majeure or a travel disruption, 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 to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances. We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.

Special conditions for River Cruises: If conditions render any routes unsafe for navigation, we (and the Independent Service Suppliers) reserve the right to provide alternative services including, but not limited to, accommodation on the docked ship or substitute alternative land arrangements. Under normal river conditions, cruise itineraries will operate as far as practical as published. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. For example, without limitation, if there is a water level issue on a river, it may be necessary to operate part of the cruise itinerary by coach, staying in hotels and may include alternative sightseeing. We (and the Independent Service Suppliers) will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or river water level events or such other events which are beyond our control (including if cruise days are replaced by coach touring and hotel accommodation).

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 expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.

Wildlife is, by its very nature, 'wild' and are free spirits to exist without constraints of their behaviour. While the world is particularly blessed with an abundance of wildlife (animals and plants), their presence is not guaranteed at any time.

Fitness, Mobility & Medical

Any physical, mental or emotional disability that may require special handling or treatment must be advised in writing to us or your travel agent when a reservation is made. Some holidays or Independent Service Suppliers may require minimum levels of fitness or mobility. You must advise of any fitness, mobility or medical restrictions you or any person travelling may have at the time of booking. It is your responsibility to ensure that you or any person travelling has adequate levels of fitness, mobility and medical clearance required for the holiday you choose to book. Some Independent Service Suppliers may deny services if their required levels of fitness, mobility and medical clearance are not met (where any additional costs incurred by you are your responsibility). Special dietary requests are required to be notified to us or your travel agent at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by supplier Independent Service 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.

A medical examination (and clearance from your doctor) is recommended for those travellers with health issues or who are elderly. Some tours, cruises and holidays are to remote areas and passengers on medication should take an ample supply with them. No responsibility can be accepted for accidents, illness or misadventure or loss of goods or possessions and it is strongly recommended that adequate insurance can be taken out to cover against those.

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information. 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 no assessment is provided or if the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. We will provide you with a full of refund of payments made (less any third-party costs). 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.

International Travel Responsibilities

It is your responsibility (ie the person booking) to ensure that each traveller within the travelling party is able to enter each country, including organising appropriate passports, any visas, travel documents or any other immigration and border control needs. It is your responsibility to understand the current or likely risks of travel, including to/within the countries of your choice, and to make any necessary preparations (such as taking medical advice on vaccinations). We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by relevant governments prior to booking travel to international destinations. We strongly recommend that you consult with your government's travel advisory website before booking (such as smarttraveller.gov.au in Australia and https://travel.state.gov/en/international-travel/travel-advisories.html in USA) and monitor them until you return home; along with taking other measures to understand the risks of travel and what your general responsibilities are as a traveller. HMTO does not warrant or recommend that any country, locality, activity or travel product is appropriate for your personal circumstances, it is your responsibility to choose these according to your own personal needs and your appetite for personal risk and adventure. We strongly recommend travel insurance to cover any unforeseen incidents or accidents.

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Thank you for reading our published Booking Conditions. We hope you have a wonderful tour or river cruise.