TOUR TERM AND CONDITIONS

Please make sure that you read and understand the conditions of booking below before booking a trip with Hidden Wonders. We also highly recommend that you read the Important Trip Information relating to your trip before you book to make sure that you understand all the details of the trip you are booking including the itinerary, physical demands and other aspects of your trip

1. Our contract

When you purchase any travel services offered by Hidden Wonders Pty Ltd. (ABN 80583793240), trading as Hidden Wonders, (“we/us”) constitutes a contractual arrangement between you (also referred to in these conditions as “traveller”) and us and represents your acceptance of The Company’s Terms & Conditions as set out herein. Please ensure that you carefully read and understand these Terms & Conditions prior to booking. As the lead traveller, you represent and warrant that you are at least 18 years of age and authorised to accept The Company’s Terms & Conditions on behalf of everyone named in your booking, and you will be deemed to have accepted The Company’s Terms & Conditions on behalf of everyone named in your booking. We recommend that you check our website (www.hiddenwonders.com.au) or to request the latest version of the Terms & Conditions from your Travel Agent or us prior to booking your holiday.

All bookings are made with Hidden Wonders Pty Ltd (Us/we), trading as Hidden Wonders. By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

2. validity

Dates and itineraries are valid until 31 December 2019. Beyond 31 December 2019 dates and itineraries are only indicative.

3. deposit requirement

You are required to pay a non-refundable, non-transferable deposit of 40% of the full amount per person per trip for us to reserve space for you. If your booking is made within 60 days of the departure date then the full amount is payable at the time of booking. Your reservation will be cancelled if the deposit is not received by us by the deposit due date. Payment of a deposit confirms that you have read and accepted these terms and conditions.

4. acceptance of Booking and Final payments Information

Your booking is not confirmed and payment is not deemed made until the deposit is received by us and we send a confirmation invoice to you. A contract will exist between us from the date we issue the confirmation invoice or if you book within 30 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 8 weeks before the departure date. Within the final payment date, payment in full is required at time of booking to reserve space. If this balance is not paid on or before the due date we have the right to cancel your reservations and cancellation policies apply as noted below.

5. correction on Invoices

When you receive your invoice, please review it thoroughly and contact us in writing if it appears to be incorrect or incomplete. We cannot accept responsibility if we are not notified within 5 days of sending out the invoice. In the case of billing errors, we reserve the right to re-invoice you with correct pricing.

6. Prices and surcharges

As part of the standard practice of travel industry, out tour prices can be impacted by variable or seasonal pricing. You might see different prices for the same tour at different times in line with demand, market conditions and availability which means that different passengers on the same tour may have been charged different prices. If you want to secure the price you see, it is best to book at that time. Once you receive a quote and you pay the deposit before the quote’s expiry date, that price will be locked in. Reduced pricing or discounts after you have paid will not apply. You can choose to cancel your booking to purchase it at a discounted price however full cancellation conditions will apply. Please be aware that prices are calculated based on currency exchange rates at the time of the publication of a tour and they may vary depending on which currency the booking is made. We keep the right to enforce surcharges up to 8 weeks before departure due to unfavourable changes in exchange rates, any transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If this was to happen, we take responsibility for any amount up to 2% of the trip price and you will be responsible for the balance. You have the right to cancel your booking within 2 weeks of notification and obtain a full refund if any surcharge results in an increase of more than 10% of the tour price. If the cost of your tour decrease by more than 2% due to the changes mentioned above then any refund due will be paid to you. Also, please be informed that payments made by credit cards may incur surcharges.

7. Your details

We cannot confirm your travel arrangements until you provide all requested details by the due date of the balance of your trip. The requested 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 impact your ability to complete your tour. For some trips that may be physically more challenging, we ask you to complete and forward a Self-Assessment form before the start date of your tour. If you cannot provide the requested details, you might need to pay additional charges or a non-refundable cancellation may apply to your trip.

8. Fees for Cancellation by the traveller

Fees for cancellation by the traveler

A cancellation will only be processed when we receive a written confirmation. Below are the cancellation fees based on time frames.

If you cancel your booking:

  • 60 days or more prior to the departure date, we will retain the non-refundable deposit;
  • between 59 and 30 days prior to departure, we will retain the non-refundable deposit or 50% of the total booking cost; whichever is greater;
  • Between 29 and 15 days prior to departure, we will retain the non-refundable deposit or 70% of the total booking cost; whichever is greater; and
  • Within 15 days of the departure, we will retain 100% of the amount paid by you in connection with the booking.

We are not required to make any refunds for unused services regardless of the reason. You will not receive a refund if you:

  • Leave a tour after it has commenced
  • Fail to join a tour
  • Join a tour after departure
  • Leave a tour before it is completed

These cancellation fees are in addition to fees which may be charged by accommodation providers, travel agents or third party tour and transport operators

9. Cancellation by us

Our tours have minimum group sizes which are specifically stated on our website for a departure guarantee. Once a tour has a departure guarantee you will see a note on the booking page. Please be aware that we may need to cancel a tour at any time prior to departure if it is not viable for us to carry out the planned itinerary due to terrorism, natural disasters, political instability or other external events. In the event of us cancelling your tour, you can choose to transfer the amounts paid to an alternate departure date or receive a full refund. If the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. Please note that we are not responsible for any incidental expenses that you may have paid as in relation or as a result of your booking such as passport fees, visas, vaccinations, travel insurance excess or non-refundable flights.

10. Booking changes

To be able to transfer from one tour to another or transfer your booking to a third party, you are required to notify us in writing 8 weeks prior to the departure date. A fee of $150 per person per change will apply (in addition to any fees charged by hotels or ground operators). If you fail to notify us in this time frame, standard cancellation refund policy will apply. You can only transfer to a third party if the transferee meets all the requirements in relation to the tour. Transfers to another departure can only be made to a departure within the current validity period.

A $50 administration fee is charged per booking per change for any alterations to any other arrangements made in conjunction with your tour. This administration fees are in addition to fees which may be charged by accommodation providers, travel agents or third party tour and transport operators. You cannot make any changes to your booking within 14 days prior to departure

11. Inclusions and exclusions

The price of your tour includes:

  • all accommodation as listed in the itinerary inclusions
  • all transport listed in the itinerary inclusions
  • sightseeing and meals as listed in the itinerary inclusions
  • the services of a tour guide as described in the itinerary inclusions
  • Entrance fees for museums and other sites listed in the itinerary inclusions

The price of your tour does not include:

  • international or internal flights unless specified
  • airport transfers, taxes and excess baggage charges unless specified
  • meals and drinks other than those specified in the itinerary inclusions
  • Visa and passport fees
  • travel insurance
  • optional activities and all personal expenses

12. Age requirements

You will find the age restrictions for each tour on the Important Your Information. Travellers under the age of 18 on the scheduled departure date must be accompanied by a legal guardian, or by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care.

Travellers under the age of 18 will need to share the accompanying adult’s accommodation for the duration of the holiday. Interconnecting rooms are not guaranteed.

As part of prevention of international abductions of children, many countries have adopted practices that require you to carry a notarised letter written by the parents, or non-travelling parent of the traveller under 18 years old, granting authorisation to travel, including the dates of travel. We also recommend that you check with appropriate consulate and airlines as they may have additional rules or recommendations.

13. Medical and health

We do not employ medical personnel. A local medical fa not employ medical personnel. Any medical attention you need while traveling with us must be sought through a local medical facility, if/when available, for diagnosis and you will be required to pay all related charges. We are not liable for the availability of medical facilities or for the quality of the care or services provided by them. We have the right to remove or quarantine any travellers who pose a threat to the safety and health of other passengers. Removal or quarantine of passengers for any health, safety or behaviour related assessment is at the sole discretion of us. Any costs incurred for medical assessments, diagnosis and/or any other medically related charges are your responsibility to pay and are due at time of services. Passengers will be allowed to re-join their tour with confirmed medical certification from a licensed health practitioner indicating fit to travel without causing harm or posing a safety threat to themselves or other passengers.

14. passport and visas

You are responsible for obtaining, paying for and carrying all relevant travel documents including passports, visas and/or other entry documents. You are also responsible for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. We are not responsible for providing specific visa or travel document information. We are not liable for any traveller refused entry to a country or transport due to failure of the traveller carrying correct travel documentation.

15. travel insurance

You must take out comprehensive travel insurance at the time of the booking. Your insurance has to have a cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You are required to provide your travel insurance policy number and the insurance company’s 24 hour emergency contact number on the first day of your tour prior to acceptance on the tour. For insurances that are connected to credit cards or bank accounts, you still need to provide the above details rather than the bank’s name and credit card details.

16. change of itinerary

While we endeavour to operate all tours as described we reserve the right to change the trip itinerary. You can find the most recent updated on your itinerary on your website.

If a major change is made before departure, we will inform you as soon as possible if there is time before departure. A major change is defined as a change affecting at least one day in five of the itinerary. If a major change is made, you have three options: accepting the change, obtaining a refund of money paid for the tour or accepting an alternative tour offered.

If we have make a change to an itinerary due to local circumstances or events outside of our control after departure, the additional cost of any necessary itinerary changes will be covered by you. Please note you are responsible for any incidental expenses that may occur as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

17. authority on tour

Our tours are run by tour guides. The decision of the tour guide 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 do not comply with a decision made by a tour guide or interfere with the well-being or mobility of the group, the tour guide 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 are required to 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.

18. Acceptance of risk

You acknowledge that the nature of the tour is adventurous and participation involves a degree of personal risk. Be aware that during your participation on these tours, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. We utilise information from government foreign departments and reports from our own contacts in deciding whether the itinerary should operate. However it is also your own responsibility to familiarise yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. You agree that you will hold us harmless regarding any provision of medical care or the adequacy of any care rendered. We are not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold us harmless for such.

19. Limitation of liability

1. We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause 3. below.

2. In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause 3. below.

3. We shall not be liable for any damage or loss if the failure to carry out the contract is:

  • attributable to you.
  • attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
  • due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.
  • due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.
  • due to an event which we, even with all due care, could not foresee or forestall.

4. Except in cases involving death, injury or illness, any liability covered under clause 2. above is limited to 3 times the price paid. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases we specifically exclude all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

5. Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions.

6.Our acceptance of liability in clauses 1 and 2 above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.

7. The tours on our website include the services of operators other than us, for example accommodation providers, carriers, and optional tour operators (“Service providers”). When we are making your travel arrangements we only act as an agent for the Service providers. They are independent contractors and are not agents or employees of, or in joint venture with, us or our affiliates. All travel documents for services issued by us are subject to the terms and conditions specified by the Service providers, which you can obtain on request. All travel documents are also subject to the laws of the countries in which the services are supplied. While we endeavour to select the highest quality Service providers we do not accept responsibility for their acts or omissions.

20. Force Majeure

We assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labour disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Company that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions. In the event that any of these conditions apply, The Company shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.

21. Optional Activities

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your tour guide or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.

22. claims and complaints

We recommend that you raise any complaints about your tour with your tour guide or our local representative immediately so they can attempt to rectify the matter. If you are not satisfied with the outcome of this process, please put any further complaint into writing and send it to us within 30 days of the end of your tour. If you have a 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 within 30 days of the end of the tour.

23. severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

24. photos and marketing

Unless otherwise stated by you in writing, you consent to us using statements made by you, and images of you taken during the tour 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.

Photos used within our marketing material are for illustrative purposes only and may not be an exact representation of your tour. They are for reference only and should be considered illustrative of the exact nature of your tour as our tours change from time to time to cater for a variety of items such as weather and seasonal access. We recommend you seek clarification with us regarding any specific photo opportunities before booking your tour.

25. privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the tour. We will otherwise treat your details in accordance with our privacy policy (available for viewing on our Website).

26. applicable law

The laws of The Commonwealth of Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of The Commonwealth of Australia.

27. registered address

PO Box 5, Bulimba , Australia, QLD, 4171l