Terms and Conditions

Southbound Escapes

TERMS AND CONDITIONS

This Tour is operated by S.B. Holiday Rentals and Tours Pty Ltd trading as Southbound Escapes ABN 70 619 412 761 (“Southbound Escapes”).

Please read these terms and conditions carefully. Your booking is made on your understanding of, and your agreement with, these terms and conditions. References to “us”, “we”, “our” in these booking terms and conditions shall be a reference to Southbound Escapes.

1. Bookings: the procedure for bookings is as follows:

• We receive an application for a booking from you and issue you with a tour confirmation which contains final itinerary.
• To book the tour a booking fee must be paid which is 35% of the tour price. This payment will allow Southbound Escapes to make the necessary bookings for the itinerary to ensure firm bookings are held with the suppliers of travel, accommodation and other arrangements.
• The remaining 65% of the tour price is due 30 days before the tour is to commence. Southbound Escapes has the right to cancel the booking made if full payment is not received by that date or before the tour due to commence.
• The whole or part of any payment made may be non-refundable. For further details, refer to clause 4.

2. Payments: Payments made by Credit/ Debit Card attract fees. The fees are: Card fees 0.24%; EFTPOS 0.63%; Mastercard Debit 1.38%; Visa Credit 1.68%; Visa Debit 1.68%. Payments made by bank transfer incur no processing fee.
3. Prices: All prices are subject to availability and bookings can be withdrawn or varied without notice until full payment is made. The following applies:

• The price is guaranteed to be available on receipt of the full tour price.
• After receipt of the full tour price, price increases may occur by reason of factors outside our control which may result in an increase in the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges and taxes.

4. Refunds, Changes and Cancellation Fees: These policies will apply:

• Changes: Fees and extra charges will apply where a booking is changed. Fees and extra charges will also apply when tickets or documents are re-issued.
• Cancelled bookings will incur cancellation fees. These fees can be up to 100% of the cost of the booking, regardless of whether or not the tour has commenced. These cancellation fees will be in accordance with supplier cancellation policies and will include our cancellation fee. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.
• We will not be able to provide a refund to you until we receive the funds from the relevant supplier.
• If for any reason a supplier is unable to provide the services stated in the itinerary, then your remedy lies against the supplier, unless we have failed to properly make the booking.

5. Travel Insurance: Comprehensive Travel Insurance is compulsory if you are travelling from overseas. The travel insurance must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property.
6. No Agency: We book the tour when requested by your travel agent with the various transport, accommodation and other suppliers. We have no responsibility for the provision of these services by the suppliers other than what we promise in the itinerary. All bookings made are subject to the terms and conditions and limitations of liability imposed by the supplier. If the supplier is unable to provide the services for which you have contracted, your remedy lies against the supplier and not with us.
7. Liability waiver: We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control and which is not preventable by reasonable diligence on our part. You acknowledge your tour will have the usual risks of travel and, in some cases, additional risks that are associated with adventure activities and the specific nature of your tour. You accept these risks and the possibility of personal injury, death, property damage or loss which may result from your decision to participate in the tour. You agree that should you be affected by any sickness, serious injury or other unforeseen circumstance that we and any of the suppliers, can arrange any urgent medical treatment or emergency evacuation as deemed necessary for your safety and that all such costs will be borne by you and/or your travel insurer.
8. Change of arrangements: You acknowledge that travelling with us requires a degree of flexibility, good humour, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of force majeure, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond our control or which simply cannot be foreseen. We do not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond our control. We reserve the right to change any part, or the whole, of the arrangements contained within the itinerary, should conditions or circumstances beyond our reasonable control determine such action necessary. In such cases, we will use our reasonable endeavours to provide alternatives of the same standard, quality and duration as the original itinerary. You will have the right to cancel your tour, in which case cancellation fees will be payable you.
9. Amendments: An amendment is a change to an existing booking with the same inclusions. Any supplier amendment fees will be charged. A transfer to another package may be treated as a cancellation and operator cancellation fees may apply.  If the new package is of greater value and no operator fees apply, there will be no amendment/re issue fees.
10. Special Requirements: Please liaise with us regarding any special requirements you may have for your travel arrangements such as special meal requests.
11. Health: You must ensure that you are aware of any health requirements for your travel.
12. Governing Law: If any dispute arises in relation to the agreement between you and us as constituted by these terms and conditions or otherwise, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any right that you may have to object to an action being brought in those courts.
13. Privacy Policy: We are committed to protecting your personal information. Our Privacy Policy is available for viewing on our website.
14. Brochure Errors and omissions: Whilst every effort is made to ensure the accuracy of the information in the brochure, errors or omissions may occur. Southbound Escapes disclaims all liability to any party for loss or damage resulting from such errors and omissions. All such errors and omissions identified post the date of publication are notified to our retail partners. Please check with your agent for all up to date corrections, including prices and inclusions.
15. Maps and photographs: Maps are shown for general information and are an indication only; they may not necessarily reflect actual routings, hotel and attraction locations or services provided. Photographs show places in the geographic areas, but are not necessarily included in the holiday. Accommodation photographs are representative only, and the actual rooms occupies may vary in décor and inclusions from those shown. Many images are supplied courtesy of tour operators and accommodation providers.
16. Passports and visas: All travellers must have a valid passport for international travel. It is important to ensure that you have valid passports, visas and re entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirement of those authorities will be your sole responsibility.
17. Monies not held on trust: All monies paid by you to us will be the property of Southbound Escapes and will be a debt due and payable to the relevant supplier (contingent on availing) once the services to which the money relates have been availed or the relevant booking cancelled (subject to cancellation fees). You agree and acknowledge that such monies will not be held by Southbound Escapes on trust for or on behalf of you, and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.