Booking Conditions
The trips described in this brochure are operated by Opulent Journeys Pty. Ltd. trading as Opulent Journeys which has its head office in Melbourne, Australia.
The Contract
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 Opulent Journeys and you for the services provided by Opulent Journeys and set out the basis of your legal relationship with Opulent Journeys.
By booking with Opulent Journeys and paying the non-refundable deposit, 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 to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email.
If you have any queries regarding these Conditions or do not understand them, please raise your query with a member of our staff.
1) PRICES AND VALIDITY
All prices are in Australian Dollars, on twin share basis, and based on costs and exchange rates applicable when this brochure was printed. Opulent Journeys reserves the right to adjust prices whether or not you have already made full payment. We will do everything within 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, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price.
2) YOUR TRIP AND ASSUMPTION OF RISK
Opulent Journeys operates 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. By booking with us you acknowledge that participation in all trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in an Opulent Journeys trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate, Opulent Journeys 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 Opulent Journeys you acknowledge your decision to travel on an Opulent Journeys trip is made after due consideration of relevant travel information that may be made available at any time.
3) EXCLUSION OF LIABILITY
Except where stated otherwise, Opulent Journeys acts as agent for service providers when making arrangements for your trip. Where Opulent Journeys provides services it will do so with due care and skill. Opulent Journeys 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 Opulent Journeys, any travel agent or other Representative, which has not been stated expressly in this brochure.
Opulent Journeys 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 Opulent Journeys trip (including pre- and post-accommodation) are entirely at your own risk and Opulent Journeys 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, Opulent Journeys 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 Opulent Journeys to comply with its obligations under this contract, or in respect of any other conduct that Opulent Journeys 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 Opulent Journeys 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 Opulent Journeys or its Representatives as a result of your participation in any trip. For these purposes, 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 OPULENT JOURNEYS
Opulent Journeys reserves the right to cancel a tour for any reason (including failure to reach minimum tour participant numbers). Except for force majeure (as outlined above) or your failure to pay the final balance, we will make a final decision to proceed or cancel a tour no less than 60 days before departure. If you have paid in full, we will credit or refund all monies paid, excluding an administration fee and any payment made for travel insurance. No other compensation will be paid in the event of cancellation by Opulent Journeys. The refund of monies paid for tour costs will be the full extent of our liability. Airlines may impose up to 100% cancellation charges.
Force Majeure
‘Force majeure’ includes any event which Opulent Journeys or its suppliers could not, even with all due care, foresee or avoid (e.g. advice against travel from the Australian Department of Foreign Affairs and Trade (DFAT), war, threat of war, riot, civil strife, industrial dispute, epidemics, pandemic, health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by cancellation or rescheduling of flights by an airline or main charterer, the alteration of airline or aircraft type).
5) CANCELLATION BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Opulent Journeys in writing. The date of the cancellation is the date on which written notification is received by Opulent Journeys.
Days before departure, charge applicable per person as follows:
- Over 75 days Forfeit of deposit
- 75-31 days 50% of the tour cost
- 30 days or less 100% of tour cost
Cancellation fees for air tickets issued by or on behalf of Opulent Journeys will apply asdetermined 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 by the due date, your booking may be terminated and you will lose your deposit.
Additional Opulent Journeys 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) LATE BOOKINGS
Bookings requests received by Opulent Journeys within 75 days before tour departure may require full payment. If we cannot confirm the booking we will refund you in full any monies paid to Opulent Journeys. Opulent Journeys will not be liable for any additional costs incurred by you.
7) CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with Opulent Journeys requires a degree of flexibility, good humour, and an understanding that the itinerary, and particularly 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, availability, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Opulent Journeys control or which simply cannot be foreseen. Opulent Journeys does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Opulent Journeys control. The information about trips given in this brochure and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Pre-Departure Information. These can be obtained from Opulent Journeys website. The information and conditions in the 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 of such changes.
8) COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the Opulent Journeys local 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.
9) TRAVEL INSURANCE
Adequate and valid travel insurance is compulsory for all Opulent Journeys 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. Opulent Journeys 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 Opulent Journeys employees or suppliers. Opulent Journeys 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.
10) PASSPORT AND VISAS
It is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling with Opulent Journeys. Please ensure that your passport is valid for 6 months beyond the duration of your holiday.
11) HEALTH, FITNESS AND AGE LIMITS
All tours require a moderate level of physical fitness and mobility. Each tour itinerary specifies a level of physical fitness required. You are required to read these requirements and acknowledge them at the time you make a booking. We reserve the right to refuse admission to the tour for any reason before commencement of the tour. Further, if after the tour has begun it becomes apparent that you are unfit or unsuitable to travel on the tour, we reserve the right to require you to withdraw from the tour at the earliest opportunity to do so. No refund will be provided. It is also a requirement that you do not cause any significant disruption to the tour or the tour group, and we may require you to withdraw from the tour at any time if your participation causes significant disruption for other guests or the tour group or there is any safety issue as a result of your ongoing participation in the tour.
Anyone suffering from illness or disability or undergoing treatment for a medical condition must declare the true nature of that condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeited.
12 ) PUBLICITY
You agree that Opulent Journeys 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.
13) PRIVACY
In order to be able to supply a service to you Opulent Journeys will need to collect certain information from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. Please call us on 03 8638 0256 for further information or refer to our website.
14 ) GOVERNING LAW
This agreement will be governed by and construed in accordance with the law of Victoria, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia as regards any claim or matter arising under this agreement.