Tour Terms and Conditions
- The meanings of the terms used in this document are as follows:
- Booking means a booking for the Services made by the Client, in any method determined by In2 Travel Australia from time-to-time;
- Booking Fee means an amount determined by In2 Travel Australia from time to time payable to secure the Booking;
- Booking Form means the form provided by In2 Travel Australia and to be completed in full by the Client which outlines all of the relevant details required in order for In2 Travel Australia to provide the Services;
- Client/you means the person, organisation or corporation obtaining Services from In2Travel Australia;
- Confidential Information includes but is not limited to any information marked as confidential and any information (including presentations, resources, handouts etc.) received by the Client in the provision of the Services by In2 Travel Australia;
- Deposit means in accordance with these Terms and Conditions in order to confirm the Booking, which the parties agree represents a genuine pre-estimate of the loss that would be suffered by In2 Travel Australia in the event of a cancelled Booking;
- Fees means the fees specified in the Booking Form or as otherwise communicated to you in writing by In2 Travel Australia;
- In2 Travel Australia means In2 Travel Australia Pty Ltd ACN 150 029 208;
- Personnel means In2 Travel Australia’semployees, contractors or agents;
- Services means the services outlined in the Booking Form or as otherwise communicated to you in writing by In2 Travel Australia;
- Services Date means the date or dates in which the Services commence, and are specified in the Booking Form or as otherwise communicated to you in writing by In2 Travel Australia; and
- Terms and Conditions means these terms and conditions, as validly varied from time to time.
Privacy & Confidentiality
In2 Travel Australia obtains personal information for their business purposes and will not provide this information to any other person or entity without your consent. Personal details provided by you will be treated as strictly confidential and will only be used for your well being or should an emergency situation arise. In2 Travel Australia warrants that it complies with privacy laws in relation to the use, storage, transfer and other dealings with personal information obtained pursuant to or in any way connected with these Terms and Conditions.
The Client acknowledges that the Confidential Information shall at all times be and remain the property of In2 Travel Australiaand must not be disclosed to any third party at any time, except with the prior consent of In2 Travel Australia, or where the Client is required by statute, rule, regulation, judicial process or in connection with any litigation to which it is a party.
The Client must not reproduce or use any Confidential Information or any part of the Services for purposes which are inconsistent with the scope of the Services or which may be detrimental to In2 Travel Australiain any way.
This clauses survives termination or expiry of these Terms and Conditions.
The Client acknowledges that all trademarks, patents, copyright, processes, know-how, registered designs or other like rights or any right to apply for registration of any of the former (the Intellectual Property) that are in any way connected with the Services and/or these Terms and Conditions are owned by In2 Travel Australia.
In2 Travel Australia grants to the Client a non-exclusive licence to use the Intellectual Property in the form provided by In2 Travel Australia, solely for the purpose for which In2 Travel Australia has provided it and In2 Travel Australia can revoke any non-exclusive licence referred to in this clause at any time, at their sole discretion.
This clause survives termination or expiry of these Terms and Conditions.
Use of Photographic, Digital or Video Images and Testimonials
You agree that In2 Travel Australia representatives or third-party suppliers may take photos and videos of you whilst on tour, and you allow these to be used by In2 Travel Australia for marketing and promotional purposes in print, electronic or social media format, without obtaining any further consent or payment in respect of such images, unless you have specifically notified In2 Travel Australia at the time of accepting these Terms and Conditions that you do not give such consent. You otherwise consent to In2 Travel Australia using testimonial feedback written or conveyed by you for advertising and promotional purposes.
All Services and Fees are subject to a minimum number of participants required to provide the required Services. In2 travel Australia reserves the right to cancel any Services if the minimum participant number is not achieved. We will notify you if the minimum passenger numbers have not been met and alternative dates/tours or a full refund will be offered. Depending on the number of participants confirmed, the Services may still proceed with an agreed surcharge.
In2 Travel Australia also reserves the right to modify the Services in any way (for example, the itinerary or substitute hotels as it deems necessary). These modifications may be due to changes in local conditions beyond In2 Travel Australia’s control, such as road, weather or traffic conditions, non-performance of suppliers or mechanical failure which may result in alterations or cancellation of any part of Services (such as the route itinerary) without notice. In2 Travel Australia will take all reasonable steps to provide a comparable or superior substitution in such an event, however you agree and accept that no refund or compensation will be given in these circumstances.
In2 Travel Australia cannot guarantee pick up or drop off times and are not liable for a passenger’s failure to connect with other services. In2 Travel Australia will not accept responsibility for any problem or claim resulting from the provision of a service or failure to provide a service by any travel partner, transportation, accommodation or other supplier. Whilst we make every effort to safeguard our clients and their belongings we cannot be held responsible for personal injury or loss due to events, which are beyond our control. Should an extension be needed from extreme weather, fire event or any reason where the dates are extended, In2 Travel Australia will not be liable for any accommodation or additional expenses outside the advertised duration of the tour.
You accept all liability and responsibility in relation to any luggage restrictions and/or requirements. In In2 Travel Australia’s experience, Due to strict government workplace health and safety laws (which may have changed since these Terms and Conditions were entered into), passengers are entitled to travel with one medium suitcase per person, not exceeding a weight of 20kg and for that reasons In2 Travel Australia suggests a suitcase with wheels for ease of manoeuverability that is of a suitable size and weight, that you can manage yourself, with personal items to be carried in a small travel bag that can be carried onboard the transport.
Any special requests must be advised to us at the time of booking eg dietary, mobility, room type (single/twin/double/triple) etc. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Failure to meet any special request will not be a breach of these Terms and Conditions by In2 Travel Australia and In2Travel Australia does not accept bookings that are conditional upon any special request being met.
In2 Travel Australia accepts no responsibility for the suitability of rooming partners allocated for single passengers willing to share accommodation. If a passenger regards their rooming partner to be unsuitable, every effort will be made to arrange single accommodation for the duration of the tour with the additional costs being paid by the Client.
To ensure the enjoyment of all participants on extended tours, In2 Travel Australia may operate a seat rotation system, in which all passengers must participate and you agree that you will participate in such system.
Fees are in Australian currency $AUD and include GST. Tour inclusions and exclusions are detailed on each tour itinerary. Prices GENERALLY INCLUDE coach travel, some airport transfers at arrival and departure point of each tour, some meals, accommodation, sightseeing and admissions as per the itinerary. Prices GENERALLY DO NOT include airfares, meals not specified in the itinerary, drinks, laundry, optional activities and items of a personal nature.
Schedules may require additional overnight accommodation at either commencement or completion of the tour, which is at the Client’s own expense. All tours and optional activities, are subject to availability at the time of booking.
The Fees applicable to the Services will be advised in the Booking Form that In2 Travel Australia provides to you and/or in any direct communications from In2 Travel Australia with you. You acknowledge and agree that the Fees may be different to any prices or costs advised in any advertised or printed material, and to the extent of any inconsistency the Fees will prevail.
If the Client is required by In2 Travel Australiaor chooses to pay the Fees by way of direct debit, the Client is required to hold and have unrestricted access to a bank account that:
- at all times has sufficient funds required to pay all amounts required in relation to the Services, and
- allows for one off and recurring direct debit withdrawals (Direct Debit Withdrawals); and
- at all times has sufficient funds required to pay all amounts required in relation to the Services; and
- allows for one off and recurring direct debit withdrawals (Direct Debit Withdrawals).
The Client must do all things reasonably required to allow the Direct Debit Withdrawals to occur providing any direct debit service provider with all the required information and documents, as and when required.
In2 Travel Australiawill not be responsible for any penalties incurred as a result of unsuccessful Direct Debit Withdrawals and any penalty will be the Client’s responsibility.
In2 Travel Australia may, in their discretion, require payment of the Fees or the Deposit upfront, prior to providing the Services to the Client.
In2 Travel Australiawill issue the Client with a tax invoice for the Fees, prior to any Payment Date and the Client will be required to make payment of those tax invoices within fourteen (14) days of the date of the tax invoice.
A non-refundable, non-transferable Booking Fee is payable, within 7 days of In2 Travel Australia accepting your Booking. Additional deposits which may be required for third-party suppliers (ie accommodation) are non transferrable or refundable as per the third-party supplier’s terms and conditions.
Final payment for tour costs must be paid no later than 45 days prior to the Services Date. For Bookings made less than 45 days prior to the Services Date, full payment is required within 48 hours of your Booking being submitted to In2 Travel Australia for confirmation.
Our cancellation policy takes into consideration the chance of us rebooking another passenger to replace you and the reasonable costs we have incurred before your Booking was cancelled.
You accept and agree that if you cancel any Booking for Services provided by In2 Travel Australia’s (or if you request a transfer of your Booking to another Services Date) you will forfeit the following:
90 days or more prior to Services Date: 50% of the Deposit
89 to 46 days prior to Services Date : 100% of the Deposit
45 to 31 days prior to Services Date: 50% of Fees
30 to 0 days prior to Services Date: 100% of Fees unless In2 Travel Australia can resell your place in the tour in which case 50% of the Fees.
You accept and agree that In2 Travel Australia may seek to recover any of the above fees from you as a liquidated debt.
Health and Fitness
To participate in a tour you must be able to travel independently, without assistance. We regret that we cannot provide individual assistance for walking, getting on and off coaches or other transportation vehicles or other personal needs. If assistance is required on tour, we require you to be accompanied by a companion capable of providing all necessary assistance, or otherwise make your own arrangements for same at your cost (including ensuring that any companion/carer that you require separately books the Services from us and pays the full Fees of saidServices.
In2 Travel Australia will not allow passengers to commence nor continue their tour if their physical or mental condition is or becomes unsafe to themselves or other passengers.
For safety and enjoyment, passengers should be in suitable physical condition to participate in activities according to the tour itinerary. Some tours may include walks which vary in the degree of difficulty and may include stairs or steps. At the time of making the Booking, You are required to adviseIn2 Travel Australia of any dietary, medical or other ailments which will be relevant to In2 Travel Australia providing the Services. In2 Travel Australia may request medical evidence in relation to any Booking and in its absolute discretion, decline continued participation by any individual in the tour on health and fitness grounds. Notwithstanding the above, In2 Travel Australia does not provide medical care, and it is the sole responsibility of the Client to seek and obtain appropriate medical care should they feel unwell (mentally or physically), unsafe or require medical care for any other reason during the provision of the Services.
In2 Travel Australia follows a Covid19 Safe Plan and checklist which is updated according to the latest requirements from Federal and the relevant State Government(s) where the tour is run.
In2 Travel Australia strongly recommends tour participants take out travel insurance to cover against unforeseen circumstances, including cancellation.
You are wholly responsible for arranging your own insurance and you acknowledge and agree that In2 Travel Australia’s insurance policies do not extend to covering you against any costs, loss or damage associated with the Services You are responsible for ensuring that you have adequate insurance in connection with the Services.
Passport, Visa and Immigration Requirements (where applicable) & Health Formalities
It is the Client’s responsibility to check and fulfil any passport, visa, health and immigration requirements applicable to the Services. In2 Travel Australia can only provide general information about this, which must not be relied upon in any way. You must check requirements for your own specific circumstances with the relevant governemnts, departments, consulates and the like, and your own medical professional/s as applicable. Requirements do change, please ensure your information is up to date.
The Client is solely responsible for any cost, loss or damage which the Client incurs as a result of a failure to obtain all necessary passports, visas and/or vaccinations necessary to obtain the Services. In2 Travel Australia does not accept any responsibility if the Client cannot travel or otherwise incurs any other loss, cost or damage because the Client have not complied with any passport, visa, immigration requirements or health formalities (including vaccinations). The Client indemnifies In2 Travel Australia in relation to any fines or other losses which In2 Travel Australia incur as a result of the Client’s failure to comply with any passport, visa, immigration requirements or health formalities.
Tour Participants Behaviour
Smoking is generally prohibited in accommodation, restaurants and licensed premises (other than designated areas). Government regulations prohibit smoking and the consumption of drugs or alcohol on board coaches. Any person who smokes or consumes drugs or alcohol on the tour coach will be expelled from the coach and tour without further warning. You release In2 Travel Australia from any expense, claim, costs or loss as a result of a passenger being required to leave the tour because of smoking or consuming drugs or alcohol on the coach, and you indemnify In2 Travel Australia against any cost, loss, expense or claim which In2 Travel Australia incurs if you smoke or consume drugs or alcohol on the coach or in any other prohibited location.
All tour participants are expected to conduct themselves in an orderly and acceptable manner. You will not engage in illegal or undesirable behaviour that could endanger the welfare, or disrupt enjoyment or jeopardise the safety of yourself or other participants on the tour. If you fail to comply with In2 Travel Australia’s reasonable directions, you may not be permitted to continue on the tour, and no refund will be given, or any other arrangements will be made. Anyone so excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility. You release In2 Travel Australia from any expense, claim, cost or loss you incur as a consequence of not being permitted to continue the tour, and you indemnify In2 Travel Australia from any cost, loss, expense of claim which In2 Travel Australia incurs in you engage in any such behaviour.
A Force Majeure event is any act of God, terrorism. Fire, flood or any other extreme weather condition, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of governments, semi government or other authorities, inability to obtain any necessary license or consent and delays caused by sub-contractor, suppliers or third parties, material shortages or other disruption to the tour, beyond our control.
If In2 Travel Australia, in its reasonable opinion considers any Force Majeure event prevents us (whether directly or through its employees, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, In2 Travel Australia may immediately terminate the Booking, cancel the ServicesOR change tour arrangements as reasonably practicable to ensure participants safety, and invoice participants for any additional costs of performing this service as mentioned above.
In the event that In2 Travel Australia cancels or changes Services (or any part of them) in any way due to a Force Majeure event, In2 Travel Australia will not be liable to refund any part of the Deposit and/or Feed paid by the Client and the Client releases In2 Travel Australia from any liability, loss, cost or expense incurred as a result of same.
Limitation of Liability
- the Client acknowledges and agrees that In2 Travel Australiawill not be liable to the Client and/or any other persons for:
- the actions or behaviour of any other person present in the provision of Services, specifically including that of the Client; and/or
- any loss or damage of any kind that is directly or indirectly caused by or results from the Services, these Terms and Conditions or the matters to which it relates or are in any way connected to it; and/or
- any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage,
to the extent that it is not directly caused by In2 Travel Australia’swilful or negligent act or omission;
- the Client releases In2 Travel Australia from any liability or claims including, but not limited to:
- any personal injury, illness or death caused to the Client and/or any other persons; and
- any breach of In2 Travel Australia’sobligations,
to the extent that any liability or claim is not directly caused by In2 Travel Australia’swilful or negligent act or omission.
- The Client acknowledges and agrees that In2 Travel Australia’s limitations of liability in this clause are essential to In2 Travel Australia and In2 Travel Australia would not have entered into these Terms and Conditions in their absence.
- The Client indemnifies In2 Travel Australia for:
- all losses and expenses In2 Travel Australiaincurs (including legal costs on an indemnity basis); and
- all liabilities In2 Travel Australia incurs;
directly or indirectly caused by, or resulting from any breach of these Terms and Conditions or from any wrongful, wilful or negligent act or omission by the Client.
- Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
- In2 Travel Australia’s total aggregate liability for all claims relating to these Terms and Conditions is limited to the Fees payable under these Terms and Conditions.
- While In2 Travel Australia takes all reasonable steps to ensure that all Personnel meet the necessary requirements which allow them to perform the Services to a high standard and are generally of good fame and character, In2 Travel Australia is not liable for any false or misleading information provided by any Personnel.
- These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations. If such legislation applies, to the extent possible, In2 Travel Australia limits its liability in respect of any claim to the Fees.
Defective Services and the CCA
- The performance of Services come with guarantees that cannot be excluded under the Australian Consumer Law (Non-Excluded Guarantees). The Client will be entitled to a cancellation of services or compensation for a major failure. The Client is also entitled to have the Services reperformed within a reasonable time and free of charge if the Services performed fail to be of acceptable quality and the failure does not amount to a major failure.
- Nothing in these Terms and Conditions (or any other contract entered into between In2 Travel Australia and the Client) is intended to exclude, restrict or modify rights which the Client may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.
- If the Client is a consumer within the meaning of the CCA, In2 Travel Australia’s liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.
- If the Client is not a consumer within the meaning of the CCA, In2 Travel Australia’s liability is only limited to any extent provided for in these Terms and Conditions including (but not limited to) this clause.
- If In2 Travel Australia is required to reperform the Services under this clause or the CCA, but is reasonably unable to do so (or is not able to do so within any timeframe required by the Client), In2 Travel Australia must refund any money the Client has paid for the Services.
In2 Travel Australia may appoint sub-contractors or agents to perform any Services under these Terms and Conditions, in their sole discretion.
The Client must not assign or otherwise deal in any other way with any of its rights or obligations under these Terms and Conditions without In2 Travel Australia’sprior consent.
Nothing contained in these Terms and Conditions creates any relationship of partnership, employment or agency between the parties.
If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and Conditions and the events contemplated by it.
These Terms and Conditions (and any documents executed in connection with it) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in these Terms and Conditions, no party has relied on any representation made by or on behalf of the other.
These Terms and Conditions are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
Acceptance of Terms and Conditions
- By making a Booking and paying a Deposit, the Client hereby acknowledges and agrees that:
- they have read and agree to these Terms and Conditions;
- In2 Travel Australia may vary these Terms and Conditions from time to time. Any amendment to the Terms and Conditions will have effect on and from the date that is seven (7) days after In2 Travel Australia gives notice to the Client of such change. If the change materially affects the Client’s rights, the Client may give 30 days’ written notice to In2 Travel Australiaterminating the Booking;
- they understand that even if they do not sign and return these Terms and Conditions to In2 Travel Australia, but continue to instruct In2 Travel Australia(or fail to immediately withdraw their instructions), or make any payment towards the Fees, they will be deemed to have accepted the these Terms and Conditions and will be bound to them as if they have signed; and
- these Terms and Conditions may be signed electronically and such electronic signature by the Client indicates the Client’s intention to enter into these Terms and Conditions in order to satisfy the requirements s14(1) of the Electronic Transaction (Queensland) Act 2001.