Terms and Conditions
These are the Terms and Conditions of business of Toursmith International Pty Ltd (ACN 642 184 825).
Please carefully read and ensure you understand the following terms and conditions as they set out the basis upon which we accept all bookings. If you decide to travel with Toursmith International and make payment for a tour, you do so on the understanding that you have accepted the terms and conditions of the contract. We reserve the right to amend our terms and conditions from time to time.
1. Price and Validity
1.1 Tour prices are based on certain costs as they apply at time of booking. While we try our utmost not to increase our prices, this is sometimes outside our control. We reserve the right to amend our prices. Any increase in price must be paid by you before your departure.
2. Responsibility and Assumption of Risk
2.1 Upon receipt by us of your booking form and your deposit payment (see clause 3.1), a binding Contract between you and Toursmith International is in place. These Terms and Conditions are an integral part of the contract. If you list one or more other persons on the booking form, you agree that you will be personally responsible for all obligations ensuing from this Contract which concern you and the other persons booked and you warrant that you have authority to agree to these Terms and Conditions on behalf of any such other person.
2.2 Except to the extent that this waiver may be prohibited or restricted by the Competition & Consumer Act, Australian Consumer Law or other legislation that may exist from time to time in Australia, you hereby release Toursmith International, its employees and agents, and any licensor or licensee of it, from all claims and actions that you have, or may have at any time in the future, against them or any of them, howsoever arising, for personal injury, death, property damage or any other loss, damage or expense that you may suffer as a result of your participation in any tour organised with or in conjunction with Toursmith International.
2.3 You are aware that your tour inherently may involve risks that may arise in the normal course of any overseas tour. You accept all the inherent risks and the possibility of personal injury, death, property damage, or loss. You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks associated with such travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for your participation.
2.4 Notwithstanding any other provisions that may exist, you release Toursmith International from any and all liability to you or anyone claiming through or under you by way of subrogation or otherwise, including by your insurer, for any loss or damage for which you are entitled to receive compensation under a travel and/or cancellations insurance policy.
2.5 Toursmith International will not be responsible or liable for loss, damage or robbery of travel documents, baggage or other possessions.
2.6 In entering into the Contract, you are not relying on any oral, written or visual representations or statements by Toursmith International or its staff or other agent or
representative or any other inducement or coercion to go on the tour other than its official published material. In deciding to book a tour with Toursmith International, you have made your own enquiries as to the suitability of the tour and all aspects of it and you have satisfied yourself, based upon those enquiries, that it is an tour that you wish to undertake.
2.7 You confirm that you are over the age of 18 years and that you have read and understood the terms and conditions of the Contract prior to signing the booking form and agree that the Contract will be binding upon your heirs, next of kin, executors, administrators and successors.
3. Booking Confirmation and Payment Terms
3.1. In order to confirm your booking, you are required to complete a booking form and make a deposit payment equivalent to 50% of the cost of the tour per person.
3.2 Final payment is due at least 21 days (or as otherwise stated by us in writing) from the date of providing the booking form and the payment of the deposit.
3.3 Credit card payments are accepted. Merchant fees and bank surcharges apply.
4. Booking Transfer or Cancellation by you (the client)
4.1 If you wish to cancel your tour, cancellation will take effect upon receipt by Toursmith International of your written notice.
4.2 Toursmith International conducts and/or facilitates small and specialised tours. The conduct and pricing of the tours are dependent upon a minimum number of clients booking for the tours. As such, once a client has signed and delivered the booking form and paid the booking deposit, Toursmith International will consider that that client together with any other clients listed in the booking form will proceed with the tour. Toursmith International will, in reliance upon such matters, provide confirmations and make arrangements. As a result, any decision by a client to cancel, for whatever reason, may potentially affect the viability, conduct or costing of any specific tour. For that reason, the client acknowledges that he or she seeks to cancel the tour, for any reason, he or she will still be liable to pay the full cost of the tour. The client acknowledges the reason for this provision and acknowledges that the reason is, in the circumstances, reasonable.
5. Cancellation by Toursmith International
5.1 Toursmith International will use its best endeavours not to cancel any tour but it may need to do so in the event of:
5.1.1 An act of force majeure; or
5.1.2 It not obtaining a sufficient number of clients for a tour for which the client has booked.
5.2 In the event of cancellation as a result of an act of force majeure, Toursmith International will refund to the client all amounts paid by the client to Toursmith International save to the extent that it is not able to recover amounts from third party suppliers.
5.3 In the event of cancellation as a result of Toursmith International not obtaining a sufficient number of clients for a tour for which the client has booked, Toursmith International will refund to the client all amounts paid by the client to Toursmith International, including a refund of the deposit.
6. Force Majeure
6.1 Toursmith International will not be responsible for the performance of the contract if prevented or delayed by acts of God, strikes, or other industrial relations matters, accidents, weather, traffic, airport conditions, lack of performance by third party suppliers, whether suppliers to Toursmith International or otherwise, also to include cancellations of or variations to any proposed flights or other forms of transport, or other circumstances beyond its control, including cancellation by a third party.
7. Mandatory Travel Insurance
7.1 Due to the adventurous style of travel offered by Toursmith International, it is a condition of travel with Toursmith International that all clients are covered by travel insurance prior to departure, and that they maintain such insurance for the duration of the tour. Insurance must cover personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancellation or curtailment of holiday sufficient to indemnify you, for any reasonably foreseeable loss. Your insurance details must be supplied to us prior to final payment and if you fail to provide the requested insurance information at the time requested, we reserve the right to cancel your booking. In that event, you will not be entitled, unless Toursmith International otherwise agrees in writing, at its sole discretion, to any refund and you will remain liable to pay any amounts that are due and payable in accordance with these terms and conditions.
7.2 If you are not, for whatever reason, covered by a travel insurance policy, the responsibility remains with the client and Toursmith International specifically declines any responsibility whatsoever.
8. Optional Activities
8.1 Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.