terms & conditions
antarctica
The following Terms and Conditions apply:
1. THE AGREEMENT
These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your group trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “OceanZen Travel” means OceanZen Travel
2. BOOKINGS
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a Director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
3. SERVICES
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
4. PRICES & EXCLUSIONS
Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The package inclusions will vary from each tour and is visible on the website and receipt of package inclusions. International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included. Other exclusions listed per tour are not included.
5. PRICE VARIATIONS
We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges. We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
6. PAYMENT POLICY & CONFIRMATION OF TOUR
Guests must provide a 25% non-refundable deposit upon receipt of invoice within 7 days to confirm place.
It is the responsibility of the guest to make sure their payments are made on time as per their payment plan and must not be late, as these dates are made in line with the suppliers.
Once you have confirmed your spot with a deposit for the tour you have booked, it is not possible to swap to another destination as each OceanZen Travel destination suppliers are separate, once we pay them you have confirmed with that destination. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable
7. FINAL PAYMENT
Payment in full must be received by the date reflected on your invoice. Note: some trips or particular arrangements may require payment earlier or in additional instalments and this will be advised with the booking confirmation. If you fail to make payment by the due date, you will be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.
8. TRAVEL INSURANCE
Travel insurance is compulsory.
You are required prior to or at the time of booking, to take out, and maintain for the duration of your travel arrangements, insurance that will indemnity (i.e., totally cover) you for at least the following:
• +$500,000 medical expenses; and
• +$500,000 repatriation expenses.
We reserve the right at any time to request you to provide a copy of a policy or certificate of insurance to show that you have taken out insurance as required in accordance with the above.
If you fail to produce a copy of the policy or certificate within 48 hours after we request it, then we reserve the right to cancel your booking. In this event, you agree that you will not be entitled to a refund of any deposit paid, which will be retained by us to compensate us for time spent and work done.
You acknowledge that any request for evidence of such insurance is an important request in relation to our business and necessary to protect our legitimate business interests.
Chimu adventures can book your travel insurance or we can make some suggestions.
9. CANCELLATION BY YOU
Due to the extensive planning and costs associated with tours, the following cancellation fees will apply in the event you should cancel.
A 25% non-refundable deposit is required upon the time of booking. Cancellation prior to 95 days will incur deposit and any instalment payments. Cancellation between 95 days and 60 days prior to the commencement of your first travel arrangement is 50% of the booking value. Cancellation less than 60 days prior incur 100% of the booking value. You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.
10. HEALTH AND MEDICAL REQUIREMENTS
Due to the vast distances travelled on our tours, we may be many hours from medical facilities and as such we strongly urge you to disclose any medical concerns or conditions which you think may impact your ability to partake in activities.
It is the responsibility of you and your agent to declare any known medical condition(s) at the time of booking.
OceanZen reserves the right to request additional information and/or medical clearance (at your own expense) before confirming your reservation. This information is only to be used for the purposes of ensuring the safety of participants and will not be provided to any external third party unless on medical grounds and only as necessary.
If due to any illness, suspected illness requirements:
• an airline or other common carrier refuses you carriage;
• a hotel or vessel refuses to accommodate you;
or
• we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip,
then
• if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
• if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) as we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking. We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances. We are required to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.
11. HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request.
12. DIETARY REQUIREMENTS
Special dietary requests are required to be notified to us within 7 days after we confirm your booking. We will endeavour to communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.
13. AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation.
14.CHANGES TO ITINERARY
Prior to travel
Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns, supplier changes, unforeseen circumstances
General
To the fullest extent permitted by law:
• We will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;
• We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
15. ACCOMMODATION
Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge that these substitutions will not be considered a significant change.
16. UNUSED & DENIED SERVICES
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.
If you are not fully vaccinated against Covid-19 and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment) if you are denied services in these circumstances.
17. INDEPENDENT SERVICES
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.
18. CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
19. PASSPORTS, VISAS
It is a requirement that you hold a valid passport with sufficient validity and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.
20. EXISTING MEDICAL CONDITIONS
If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking.
If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).
21. ACCEPTANCE OF RISK
General
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept inherent personal risks associated with your travel.
All passengers participating in our tours do so at their own risk and no responsibility can be accepted by OceanZen for any loss, injury or accident. Passengers are responsible for any additional costs involved should such instances occur such as an ambulance.
We strongly urge all participants to exercise common sense and good judgement when on tours and remind themselves that they are in nature which can be unpredictable.
COVID-19
You acknowledge that you are travelling at a time when COVID-19 is endemic and that COVID-19 presents potential risks to your health and may cause death. By making a booking request, you accept all risks associated with COVID-19 infection during travel and you release us (and our directors, officers, employees and suppliers) from liability in connection with COVID-19 infection.
23. LIMITATION OF LIABILITY
OceanZen works with the best operators available but takes no responsibility for any act of neglect by any operator whose services are used as part of your tour.
Our suppliers make every effort to safeguard clients, and we cannot be held responsible for personal injury or sickness to any customer which is beyond our control. Passengers should note that adventure travel involves a higher than normal risk and a signed release may be required from all participants from a number of our activity providers.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control could include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do. We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
24. RECREATIONAL SERVICES
If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by our reckless conduct.
Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
General liability limitation
We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
25. COMPLAINTS
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). If you fail to follow this procedure, this may limit your rights to make a claim.
26. DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
27. AUTHORITY ON TOUR
Passengers must abide by the tour guides instructions and directions at all times, in particular with regard to actions and behaviour in National Park areas, Aboriginal communities, areas with elevated hazards or risks and emergency situations. Non-compliance with any directions from the tour guide or other authority may result in injury, death or the passengers being refused onward travel with no right to refund.
28. PHOTOS AND MARKETING
You consent to us using images of you taken during the trip for advertising and other promotional purposes in any medium as we require. You agree that the use of these images is free and without any payable fees or compensation.
29. GENERAL
The contract between OceanZen Travel trading as OceanZen Travel and you is governed by the laws of the State of Queensland. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions. Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy found on our website.
30.PRIVACY POLICY
OceanZen understands the importance of protecting your privacy.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy found on our website.
