Terms & Conditions
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The Fine Print
The following terms and conditions apply to tours booked and carried out by Bespoke Tours Australia Pty Limited, trading as Sydney Bespoke Tours, except as may be now varied in the tour confirmation issued by Sydney Bespoke Tours. Please refer also to individual Terms & Conditions for each itinerary if applicable.
1. Traveller responsibilities – In booking a tour the traveller:
a. must prepare for the tour by bringing any items specified in the booking confirmation voucher;
b. accepts the physical risks involved in the tour;
c. must not commence the tour if they are unfit or become unfit to participate in the tour by reason of ill health or injury;
d. is responsible for the safekeeping against loss and protection against damage of all personal effects of the traveller; and
e. must take out travel insurance covering tour cancellations, inability to travel or continue with the tour (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability;
2. Sydney Bespoke Tours’ Responsibilities: In accepting a tour booking Sydney Bespoke Tours agrees:
a. that the traveller’s pre-payment will be held in trust until after the travel and accommodation services have been provided;
b. to maintain liability and indemnity insurance to cover the liabilities of travellers (however, travellers are advised to rely upon their own travel insurance in almost all instances where injury, loss or damage is suffered to themselves or their effects);
c. to maintain licenses and permits necessary to carry out travel arrangements.
3. Deposit & Payment: The traveller or agent acknowledges that:
a. upon confirmation of a booking, a 50% deposit is due, to be paid within 7 days;
b. the remaining balance for all touring is due 14 days prior to the first day of travel.
4. Cancellation / Significant Changes: The agent/traveller acknowledges that for cancellations and/or significant changes* to itineraries that are made:
a. after the booking has been confirmed (but before 30 days prior to departure) a $95 Cancellation Fee is due per touring day;
b. 30 – 14 days prior to departure a 10% Cancellation Fee is due;
c. 14 days – 48 hours prior to departure a 50% Cancellation Fee is due;
d. less than 48 hours prior to departure, or for non-appearance to commence the tour a 100% Cancellation Fee is due.
e. Any requests for Cancellation must be received in writing. For any cancelled bookings, the appropriate Cancellation Fee will be deducted from the deposit / final balance paid, and the remainder of the funds will be refunded by direct debit within 7 days of the Cancellation Request.
*Significant changes are those which involve a change of date, cancellation of one or more external touring activities such as tours, vessel hire etc, or cancellation of one or more vehicles, guides, translators etc. As some of these may be external products that Sydney Bespoke Tours will be contracting on your behalf, they may involve their own cancellation fees. Please enquire for details.
5. General Conditions: The traveller and Sydney Bespoke Tours agree that:
a. a binding tour contract incorporating these terms and conditions will be formed when Sydney Bespoke Tours confirms the traveller’s booking, which it will do on receipt of the pre-payment or the tour cost (as the case may be);
b. full payment of the tour price is required prior to the commencement of the tour unless otherwise specified;
c. where accommodation is provided it is twin-share, and single occupants must pay a single room supplement;
d. a reservation will lapse if the traveller does not pay the deposit or the tour cost by the due date for the relevant payment;
e. the price payable by the traveller is GST inclusive, unless otherwise stated;
f. if a force majeure circumstance necessitates cancellation of the tour then:
i. the traveller must rely upon any travel insurance they hold for compensation; and
ii. where possible, Sydney Bespoke Tours will substitute an itinerary with similar experiences.
g. Sydney Bespoke Tours reserves the right to notify the traveller of alterations, amendments and cancellations to the tour, in accordance with these terms and conditions;
h. With the exception of Christmas Day and other days highlighted in individual itinerary Terms & Conditions, tours are carried out daily subject to availability of transport and accommodation services and guides and Sydney Bespoke Tours reserves the right to cancel a tour and refund the tour price, or to defer the tour to another day suitable to itself and the traveller, in the event that it is unable to proceed with a booked tour on a particular day or days;
i. that Sydney Bespoke Tours reserves the right to substitute vehicles and accommodation with vehicles and accommodation of a similar standard;
j. no refund will be made to the traveller for unused services booked; and
k. travellers are bound by these terms and conditions by the booking in their own right or having a booking made on their behalf by another person from the time of booking.
6. Complaints: Traveller complaints will be dealt with as follows:
a. travellers should make all complaints directly to Sydney Bespoke Tours in writing if possible, or verbally, immediately after the event leading to the complaint, to give Sydney Bespoke Tours the opportunity to investigate or remedy the complaint; and
b. Sydney Bespoke Tours will not accept responsibility for complaints received more than 14 days after an event leading to a complaint occurs;
7. Liability, Responsibility, Limitation and Jurisdiction:
a. Sydney Bespoke Tours is not responsible for the actions, defaults or negligence of any travel or accommodation providers it engages for the purposes of the tour, except where the loss or damage arises from a specific direction given by Sydney Bespoke Tours to those providers. Travellers should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers.
b. The traveller is responsible for all loss or damage arising through his or her own fault.
c. Sydney Bespoke Tours will not be liable for any illness, injury or death sustained on a tour by reason of the traveller’s medical condition. Sydney Bespoke Tours will not be responsible for, and the traveller releases Sydney Bespoke Tours from, any liability arising out of any medical condition suffered by the traveller during the tour or as a consequence of the tour.
d. The traveller indemnifies and holds harmless Sydney Bespoke Tours and its officers, employees and suppliers against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against Sydney Bespoke Tours) as a result of, or arising in relation to, whether directly or indirectly, the traveller booking or participating in the tour or any act or omission by the traveller in relation to the tour.
e. To the maximum extent permitted by law, all implied conditions and warranties regarding the provision of services by Sydney Bespoke Tours under these terms and conditions are excluded. Sydney Bespoke Tours’ liability in relation to any non-excludable conditions or warranties is limited to (at Sydney Bespoke Tours’ option) either delivering the services again, or paying the cost of providing similar services again. In any event, Sydney Bespoke Tours’ total liability under this Agreement (including for loss or damage to baggage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the traveller to Sydney Bespoke Tours.
f. To the maximum extent permitted by law, Sydney Bespoke Tours excludes, and the traveller releases Sydney Bespoke Tours from all other liability, including without limitation any consequential or special damages or costs, arising directly or indirectly from or in relation to the services provided in accordance with these terms and conditions.
g. Any booking shall be subject to and construed in accordance with the laws in force in New South Wales and the parties agree to submit to the jurisdiction of the courts of New South Wales.
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