- GENERAL: Please read the following terms and conditions carefully. You must not make a booking unless you understand and agree to be bound by the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Neil Churches trading as The Crow’s Flight ABN 37 531 905 148. References to “you” “your” “I” or “customer” shall mean you as the purchaser of travel booking services. These Terms and Conditions form a legal agreement between us and you. If you do not agree to these terms and conditions, you should not proceed to book travel with us.We also strongly recommend that you understand the itinerary, style and physical demands of the trip you are undertaking, and by making a travel booking with us, you confirm that you have read, understood and agree to the Essential Trip Information we have provided relating to your trip including all inclusions and exclusions.We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all such travellers to these terms and conditions.
- VALIDITY OF TRAVEL DATES: Dates and itineraries are valid until 31 December of any given year. Beyond 31 December dates and itineraries are indicative only. Please contact us for more information.
- PASSPORTS AND VISAS: All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid passport. If this is not the case, you must let us know. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please contact us at firstname.lastname@example.org. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. We can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply). For online bookings, you can contact an external visa provider such as Visa Central (http://au.visacentral.com) directly. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
If you are travelling via the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
- TRAVEL INSURANCE: Travel insurance is mandatory for all our travellers and should be taken out at the time of booking. We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements, with a minimum coverage of USD 200,000. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Evidence of such insurances must be provided to us on the first day of your trip. Regrettably we cannot allow you to join the trip without proof of adequate insurance. Note that insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.
Australian Travel Advice: Australian citizens we recommend that you contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
- HEALTH AND AGE REQUIREMENTS: You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).
Minimum Age: For the majority of our trips the minimum age is 14 at the time of travel. All travellers under the age of 18 must be accompanied by a parent or legal guardian, or in lieu of a parent or legal guardian, by an escort over the age of 18, appointed by their parent or legal guardian. The parent or legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a parent or legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical practitioners or health service providers. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to travel for the latest health requirements and recommendations for your destination.
- PRICES: All prices are subject to availability and can be withdrawn or varied by us without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Once booked your price cannot be discounted even if reduced pricing or discounts become available to the same trip. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Air Passenger Duty is included in the price of your air inclusive trip. Please note that a surcharge may be applied to all online purchases made by credit card.
- DEPOSITS AND FINAL PAYMENTS: You will be required to pay a deposit or deposits when booking per person per trip for your booking to be confirmed. We will advise you of how much that will be. If your booking is made within 56 days of the departure date then the full amount is payable at the time of booking. Please note that different deposits amounts are required for selected trip bookings. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law). Final payment is required no later than 56 days prior to departure unless otherwise stated, and we will issue you with a confirmation invoice for this amount. Some airfares or services must be paid in full at the time of booking and full payment is required earlier for Polar and Adventure Cruising bookings. If your final payment is not paid on or before the due date we reserve the right to treat your booking as cancelled.
- BOOKING FEES AND CHARGES: You authorise us to charge all fees incurred by you in relation to the services provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
Payments via PayPal: An additional 1% fee will apply when paying by PayPal.
- OUR CHANGE AND CANCELLATION FEES: Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings (including online bookings and bookings made with a consultant):
Change or transfer: If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 56 days prior to the proposed departure date. A fee of $200 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines). If you notify us less than 56 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.Amendments to any other arrangements made in conjunction with your trip will incur an $130 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.
- INCLUSIONS: The land price of your trip includes:
- All accommodation as listed in the Essential Trip Information
- All transport listed in the Essential Trip Information
- Sightseeing and meals as listed in the Essential Trip Information
- Tour guidance and the services of a group leader as described in the Essential Trip Information
- EXCLUSIONS: The land price of your trip does not include:
- International or internal flights unless specified
- Airport transfers, taxes and excess baggage charges unless specified
- Meals other than those specified in the Essential Trip Information
- Visa and passport fees
- Travel insurance
- Optional activities and all personal expense
- CANCELLATION BY YOU: If you cancel some or all portions of your booking cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.
- SUPPLIER CHANGE AND CANCELLATION FEES: Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
- CANCELLATION BY US: We may cancel a trip at any time up to 56 days before departure, subject to clause 16. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights, unless prescribed under the Australian Consumer Law.
- CHANGE OF ITINERARY: While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary.After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
- AUTHORITY ON TOUR: Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
- SERVICE GUARANTEES: Our booking and advisory services come with a guarantee that:
- they will be provided with due care and skill;
- they will be reasonably fit for the specified purpose;
- they can reasonably be expected to achieve the desired result; and
- they will be provided within a reasonable time.If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
- LIABILITY: To the extent permitted by law, neither Churches Pty Ltd nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010(Cth).
- SCHEDULE CHANGES: We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight.
- YOUR DETAILS: In order for us to confirm your travel arrangements you must provide all requested details (which may include personal information and personal data) with the final payment. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges, inability to book your trip or deemed cancellation of your trip by you.
- CLAIMS & COMPLAINTS: If you have a concern or complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us before the expiry of 30 days of the end of the tour, subject always to our obligations under the Australian Consumer Law.
- SEVERABILITY: In the event that any term or condition contained in these Booking Terms and Conditions is declared unenforceable or void by operation of law or as contrary to public policy or for any other legally valid reason then such term or condition shall be deemed to be severed from this agreement or amended accordingly only to such extent necessary and to allow all remaining terms and conditions to survive and continue as binding.
- PHOTOS AND MARKETING: You consent to us using images of you, or images taken by you, during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
- GOVERNING LAW: If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts ofAustralia,and waive any right that you may have to object to an action being brought in those courts.