Please make certain that you read and understand the conditions of booking set out below prior to booking your journey. Please ensure that you understand the itinerary, style, type and physical demands of the trip you are undertaking along with any special conditions noted in the essential information section.
Your contract is with Undiscovered World Pty Ltd, a registered Australian company (ABN 39 623 732 730) (us/we) This company’s office is at Suite 3, 8 Melville Street, Parramatta, Sydney, NSW, 2150, Australia. Undiscovered World Pty Ltd is hereinafter referred to as “us’, ‘the company” or “we” in respect of the booking conditions, which apply to all of our marketed tours. 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.
The client or “you” – The person whose signature and details appear on the booking form.
The contract – 1)These conditions of contract, 2) The specific itinerary for the tour on which the client has booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client.
The Date of Departure – the date of commencement of the tour.
Force Majeure – unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not have been avoided, even if all due care had been exercised.
Dates and itineraries are valid until 31 December 2019. Beyond 31 December 2019 dates and itineraries are indicative only.
1. The Booking Form and Deposit:
1.1 To make a booking for an escorted group tour with the Company the Client must send a completed booking form with a deposit of AUD$500 or 15% of the tour cost, whichever is greater and whichever is specified by the company. Please note that different deposits amounts are required for selected expeditions and wildlife photography tours.
1.2 In some circumstances we will contact you for Interim payments where certain services such as flights have to be secured in advance.
1.3 We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application for booking at any time, including after the commencement of the tour, subject to as otherwise expressly provided within these Terms and Conditions.
1.4 The Contract is subject to the following terms and conditions.
2. Balance of Payment:
2.1 The Client will pay the balance of the tour price and any visa cost (where applicable) no less than 60 days before the Departure Date, or in the case of Undiscovered World Expeditions or escorted tours, no less than 90 days before the departure date. If the booking is made less than 60 days before the relevant Departure Date (0r 90 days in the case of Undiscovered World Expeditions or escorted tours) the Client must pay the tour price in full on booking.
2.2 In the case of international payments the Client will ensure that the full AUD$ Australian Dollar amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
2.3 Credit card surcharges apply and will be advised by the consultant and on invoice. If for any reason any local tour provider contracted to undiscovered world pty ltd is unable to provide the services for which you have contracted, your remedy lies against that provider, and not against Undiscovered World Pty Ltd. In the event that payment has been made to Undiscovered World Pty Ltd by credit card, you agree that you will not seek to charge back your payment to Undiscovered World Pty Ltd.
Please note that BPAY takes up to 3 business days to process. If you are paying by this method you will need to pay at least 3 business days prior to the actual due date. You must notify your consultant of your payment once it has been made.
3.1 Failure to pay the Balance of Payment when due:
If the balance of the monies due from the Client to the Company is not paid 60 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit.
3.2 The Date of Departure is the date of commencement of the tour
4. Passports, Visas and Health Matters
4.1 Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
4.2 You must ensure you are medically fit to travel and participate in the tour. We accept no responsibility for any losses you incur or any element of the tour that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activity/(ies) to determine whether you are able to participate and that you are at the required fitness level to undertake the tour.
5. Cancellation by the Client:
5.1 The Client acknowledges that payment for the tour is an intrinsic part of the tour’s income and contributes to the overall cost of equipment, running costs, staffing, administration etc…, and that the Company will have incurred the largest part of its costs before the tour date of departure. Cancellation by the Client must be in writing and signed by the client..
5.2 Deposits are non–refundable. If you cancel your booking, cancellation charges will be imposed as shown below:
a) 60 days or more prior to departure – loss of deposit
b) 59-31 days before departure – 50% of tour cost
c) Less than 30 days – 100% of tour cost
All cancellations must be in writing and be made by the person who signed and submitted the booking form.
5.3 After the departure date, no refund for any unused portion or part of the tour or services to be provided will be given. If the client of their own volition makes any alterations to or departs from, any portion of part of the tour, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving the tour guide.
6. Cancellation by the Company:
6.1 The Company reserves the right to cancel the Client’s tour, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or on group tours where minimum numbers have not been reached, or other matters it could not foresee or prevent.
6.2.1 In the event of cancellation caused by unforeseen or uncontrollable circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or human or manmade disaster, the Company will endeavour to reimburse any monies that it can retrieve from its suppliers.
6.2.2 In the event of cancellation, we will offer you an alternative tour of an equivalent or lesser price; If this is not acceptable, the payments made to the Company in respect of the tour (with the exception of non-refundable deposits and airfares) will be reimbursed. We do not however accept liability from any incidental expenses you may incur as a result of cancellation or for any other loss or damage howsoever caused out of cancellation.
6.3 In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 45 days prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, the payments made to the Company in respect of the tour shall be reimbursed. The Client may upgrade to a more expensive tour if available, subject to the Client paying the difference in price.
6.4 In the event of an airline canceling a flight, forcing the Company to cancel a tour, The Company will only reimburse monies it can retrieve. In the event of any cancellation, the Company will not accept liability for any consequential expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation and to have booked flights that are sufficiently flexible to accommodate change/cancellation.
7. DFAT, FCO & US State Department travel Advice:
7.1 The Client acknowledges that they are responsible to make themselves aware through DFAT (Department of Foreign Affairs and Trade - Australia, FCO (Foreign & Commonwealth Office - UK) or US State Department advice, warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be traveling and to make their decisions accordingly.
7.2 Whilst we will do our best to inform clients of relevant changes to the DFAT Smart Traveller website or advice bulletin, it is up to the Client, and not the Company, to know what the relevant travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of DFAT, FCO or US State Department travel advice or b) is not adequately insured to travel. The Company will not normally cancel a trip simply because DFAT, FCO or US State Department advise against travel.
8.1 The price of your holiday is subject to surcharges on the following items: Government action, currency, fuel for road vehicles and increase in scheduled airfares and hotel charges. Even in these cases, we will absorb an amount equivalent to 2% of the holiday price, excluding insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than 15% on the holiday price you will be entitled to cancel your tour within 14 days of the invoice issue date, with a full refund with the exception of any insurance premium paid and your deposit.
8.2 Prices quoted by the Company are subject to change if booking less than 8 weeks prior to departure; if the flight price has increased from the time of booking we reserve the right to pass this surcharge to the client.
9. Transfer of Booking by the Client:
9.1 If prior to 60 days before departure, the client wishes to transfer from the tour they have booked to another available one, a transfer fee of AUD$100 is payable and any additional costs incurred by the Company in respect of that charge. The Company will consider discretionary waiving of the transfer fee if the transfer is to a tour departing no later than the original tour booked.
9.2 Any transfer made by the client later than 60 days prior to departure will be subject to the Company’s discretion and subject to a AUD$100 administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems that transfer is infeasibleunfeasible then conditions relating to cancellation by the Client apply. (see Clause 5)
9.3 Where the client is prevented from proceeding with the tour, the Client may transfer the booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause. The Transferee signing the booking form also agrees to be bound by these Terms and Conditions.
9.4 The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance under Clause 2 above and for any additional costs arising from such a transfer.
10. Changes by the Company:
10.1 It is unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. Occasionally changes may occur without prior notice, which the Company reserves the right to do at any time. A published itinerary constitutes only an indication of what the tour is planned to accomplish and is not to constitute a contractual obligation on the part of the Company.
10.2 The client agrees that the nature of the tours offered by the Company requires a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially affected as a result of Force Majeure, weather, local political conditions, natural disasters (including landslides , quakes, and severe flooding), strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You must be prepared to accept this flexibility and to accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as a result of any delay or alterations arising from any such circumstances over which we have no control.
10.3 When a major change becomes necessary before the tour departure notification of such alterations will be sent to the client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same..
10.4 If a major change to an itinerary is necessary prior to commencement of the tour – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 21 days of notification.
10.5 The Company reserves the right to alter itineraries after departure, without refund if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a tour, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major change of itinerary (and the Client agrees to accept the same). Should a Client choose not to participate in the revised itinerary and cancel the tour, reasonable help will be given to facilitate their return to the place of origin of travel, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a tour.
11. Company and Client Responsibility:
11.1 The Client’s booking is accepted on the understanding that they realize the potential risks and hazards that can be involved in tours of this kind including injury, loss or damage to property, discomfort and inconvenience.
11.2 Mode of transport: For each tour, Undiscovered World will use locally arranged transport including jeeps, coaches, buses, trains, boats, ferries, aircraft or helicopters as shown in the specific tour itinerary.
11.3 Accommodation: We do our best to provide interesting and safe accommodation, however the Clients booking is again only accepted on the understanding that safety standards in the developing world are not the same as in the UK and things like fire escapes are often not available.
11.4 Where the Client does not suffer personal injury, and is not as a result of “Force Majeure”, the Company accepts liability should any part of the tour arrangements booked with the Company not be supplied as described in the itinerary. In addition we do not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the failure in the tour arrangements was the clients fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same rules apply.
11.5 Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
12. Travel Insurance:
12.1 The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance in respect of the Client and dependant relatives, and insurance to cover loss of, damage to or theft of the Clients baggage, no later than the date on which the balance payment is due. The tour is a journey of a hazardous nature and the Client must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
12.2 The insurance policy and the receipt of premiums paid there will be produced to the Company prior to departure and to the tour guide on day one of the tour. If you join the tour without adequate insurance you may not be allowed to continue on the tour, with no right to refund. If circumstances give rise to a claim the client will forthwith pursue his remedies under such policy(ies).
12.3 The Client will also produce to the Company prior to departure the details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
12.4 The insurance cover should extend for the planned duration of the tour and at least an additional day.
13. Acceptance of Risk
13.1 The Client acknowledges that there is a significant element of personal risk in participating on this tour. The Client accepts and consents to the personal risks inherent in the implementation of this contract, and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour.
13.2 The Client fully understands that this Tour/Activity involves risk of serious injury, which may be caused by their own actions or inactions, those of others participating, the conditions in which the event takes place, or the negligence of the “Release’s” named below; and that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the Tour/Activity.
13.3 The Client hereby release, discharge and covenant not to sue Undiscovered World Pty Ltd, its respective administrators, directors, agents, officers, Interns, volunteers and employees, other participants, any sponsors, advertisers, (each considered one of the “RELEASEES’ herein) from all liability, claims, demands, losses or damages on their account caused or alleged to be caused in whole or in part by the negligence of the “releasee’s” or otherwise, including negligent rescue operations and they further agree that if, despite this release, waiver of liability and assumption of risk they, or anyone on their behalf, makes a claim against any of the Releasee’s they will indemnify, save and hold harmless each of the Releasee’s from any loss, liability, damage or cost, if any, which may incur as the result of such claim.
13.4 The Client has read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and understands that they have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
The land price of your trip includes:
All accommodation as listed in the tour summary.
All transport listed in the tour summary.
Local tours, entrance fees and meals as listed in the tour summary.
The services of a local group leader as described in the tour summary.
The land price of your trip does not include:
International or internal flights unless specified in the tour inclusions summary.
Airport transfers, taxes and excess baggage charges unless specified
Meals other than those specified in the tour inclusions summary.
Visa and passport fees
Optional activities and all personal expenses
Alcoholic beverages (unless included and specified in tour inclusions summary as part of a wine tasting tour or similar)
14. Company Tour Leader
14.1 The Company will appoint the Tour Leader(s) who will represent the Company. The identity of the Tour Leader(s) shall be communicated to the Client orally forthwith upon the first meeting of the commencement of the Tour, and that by continuing on the Tour, the Company and the Tour Leader(s) shall be free to assume that the Client is fully aware of the Tour Leader(s) identity and shall accept all instructions given and requests made by the same which in the Tour Leader(s)’ sole and absolute discretion are necessary or appropriate in pursuance of the Tour. The Client agrees to accept the decisions of the Tour Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract.
14.2 If your physical condition or behavior is in any way, in a Tour Leader’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the tour, you may be asked to leave the tour without any right to refund. you may be asked to leave the tour without recourse to refund or other compensation.
15. Compliance with Legislation
The client will comply at their expense and their liability with all legislation, visa requirements, and immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirement or regulations, subject to the provisions of this contract, the Company shall have the right to require the Client to leave the tour without recourse to refund or other compensation.
Age & Health requirements
Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, 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. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
Variations: A minimum age of 18 applies to many Overland adventures, while a lower minimum age applies to Family trips and Short Break Adventures. Please check with your consultant at the time of enquiry. All bookings for our Family trips must include a child under the age of 18.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Undiscovered World Pty Ltd acts as a travel agent only. We sell various travel related products on behalf of numerous transport, accommodation and other wholesale service providers, such as airlines, coach, rail and cruise line operators. Undiscovered World Pty Ltd’s obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made subject to the terms and conditions and limitations of liability imposed by these service providers. Your legal recourse is against the specific provider and not Undiscovered World Pty Ltd. If for any reason, any travel service provider is unable to provide the services for which you have contracted your remedy lies against the provider and not with Undiscovered World Pty Ltd.
Limitation of liability
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
- you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
- any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
16.1 We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint. The client agrees to the following procedure:
a) The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Tour Leader or Undiscovered World Head Office as soon as possible. The Company and the Client will then make prompt efforts to resolve the complaint.
b) The client agrees to give written details of any unresolved serious complaint to the Tour Leader.
c) In the event that the complaint remains unresolved then the Client agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
16.2 The client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Company's discretion, exclude any rights arising out of this contract.
17. General Conditions:
17.1 No persons, save with the express permission in writing of a Company Director of Undiscovered World Pty Ltd has the authority or is empowered to waive or vary any of these conditions.
17.2 The Client acknowledges that prior to the Contract they have been given general information on passport and visa requirements for the tour and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
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.
The laws of New South Wales, 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 New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales, Australia to settle any disputes, which may arise out of or in connection with this contract.
Photos and marketing
You consent to us using images of you taken during the trip 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.