TERMS & CONDITIONS
Dark Sky Traveller is owned and operated by Travel Ogg Pty Ltd. Prof Fred Watson, is associated as special tour host and is not a financial recipient in anyway of the business. His services during the tour are on a voluntary basis, during which, he takes leave from the Australian Astronomical Observatory.
These Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Travel Ogg Tours (TO), operating as Dark Sky Traveller and you for the services provided by TO and set out the basis of your legal relationship with TO. By booking with us and paying the non-refundable deposit per passenger or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. Acceptance of your booking will be confirmed in writing by TO and a contract comes into existence on the date shown on your confirmation letter or email sent by Travel Ogg Pty Ltd. If you have any queries regarding these Conditions or do not understand them, please raise your query.
1) PRICES AND VALIDITY
Travel Ogg Tour prices are on twin share basis, and based on costs and exchange rates applicable when this brochure was printed. Where you have elected to travel as a 'twin shared pair' TO will endeavour to pair you with a person of the same sex for the duration of the tour portion. Where no other person has elected to travel as a 'shared pair' and a forced single room supplement is required, these charges will be passed on to you as the single traveller.
TO reserves the right to adjust prices whether or not you have already made full payment. We will do everything with in our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
Our preferred method of payment is by direct deposit. All credit card transactions will incur the credit card surcharge of 1.75%
2) YOUR TRIP AND ASSUMPTION OF RISK
TO occasionally operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. When assessing whether trips will operate TO uses information from its local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with TO you acknowledge your decision to travel on a TO trip is made after due consideration of relevant travel information that may be made available at any time. Condition 2.b) Acceptance of Risk Please be assured that the TO service providers will always do the utmost to ensure your safety and well-being when on tour.
3) EXCLUSION OF LIABILITY
Except where stated otherwise, TO acts as agent for service providers when making arrangements for your trip. Where TO provides services it will do so with due care and skill. TO is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by TO, any travel agent or other Representative, which has not been stated expressly in this advice. TO will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the TO trip (including pre and post accommodation) are entirely at your own risk and TO cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, TO does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of TO to comply with its obligations under this contract, or in respect of any other conduct that TO undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release TO and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against TO or its Representatives as a result of your participation in any trip. For these purposes, TO enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. Exception The “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent).
4) CANCELLATION BY TRAVEL OGG TOURS
TO reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, TO reserves the right to cancel a departure at any time. With any form of cancellation, TO will offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the
AMOUNT PER PERSON DUE DATE TERMS AND CONDITIONS
Deposit non-refundable after payment, unless tour is cancelled.
*Additional Deposits may apply to lodgings or optional activities
75% non refundable up until 71 days prior to tour or after final payment request
100% non refundable 70 days prior to tour or after final payment request
If you do not accept alternative arrangements we will refund all payments you have made to TO, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). TO will not be liable for any additional costs incurred by you. Force Majeure TO will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of TO and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
5) CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to TO in writing. The date of the cancellation is the date on which written notification is received by TO Days before departure. Charges applicable as per the table above and are per person. Cancellation fees for air tickets issued by or on behalf of TO will apply as determined by Airline Tariff Regulations, and may vary as to the type of ticket issued. Depending on the reason for your cancellation, these charges may be recoverable under any insurance policy you purchased. If you do not pay the balance of your total booking cost at least 60 days prior to departure, your booking may be terminated and you will lose your deposit. Additional TO cancellation penalties may apply. No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised.
6) BOOKING AMENDMENTS.
If you wish to change your booking in any way, the following fees will apply: Amendment request received by TO 120 days or more prior to the original tour departure date: AU$450 per person per trip will be levied and must be paid prior to any transfer being confirmed. Amendment request received by TO within 120 days prior to the original tour departure date: charges will apply as per cancellation fees. 2. Amendments to your booking, in relation to any other arrangements made in conjunction with your tour (e.g. pre- and post tour accommodation, transfers, etc), received by TO within 120 days prior to tour departure date will be subject to a $200 administration fee per change. This fee is in addition to any charges levied by ground operators, hotels or airlines. 3. No amendments are permitted to your booking within 10 days of departure.
7) LATE BOOKINGS
Booking requests received by TO within 30 days before tour departure require full payment before we can request a place on a tour. If we cannot confirm the booking we will refund you in full any monies paid to TO. TO will not be liable for any additional costs incurred by you.
8) CHANGES TO YOUR TOUR PROGRAM
You acknowledge that travelling with TO 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 Thrive Australia’s control or which simply cannot be foreseen. TO does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond TO’s control. You acknowledge that group sizes may also vary during the duration of your tour. The information about trips given IN FLYERS, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from TO, TO’s website or your travel agent. The information and conditions in the Trip Notes and Pre-Departure Information are deemed to be part of the contract. Where changes to your trip occur after you have received your final documentation we will, where practical, advise you or your travel agent of such changes.
9) AUTHORITY OF THE LEADER
At all times the decision of the TO leader or representative (“TO Leader”) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the TO Leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a TO Leader, or interfere with the well-being of the group, then the TO Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
If you have any complaint about your trip, you must make it known at the earliest opportunity to the leader and/or TO representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.
11) TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all TO travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. TO also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by TO’s employees or suppliers. TO reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested.
12) PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with TO. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
You agree that TO may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.