The following booking conditions (‘Booking Conditions’) form the basis of your contract with ATA Holidays Pty Ltd (ABN: 16 624 813 609). Please read them carefully before making a booking request as they set out our respective rights and obligations. By making a booking request, you acknowledge that you have read and understood the Booking Conditions as well as the specific day to day demands of your chosen holiday and agree to be bound by them. Please note that we reserve the right to change these Booking Conditions at any time prior to you placing a booking request. It is your obligation to review the latest version of our Booking Conditions prior to making a booking request.
These Booking Conditions only apply to holiday arrangements which you book with us and which we agree to make, provide, or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “service”, “contract”, “package”, “tour” or “arrangement” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you”, “your”, “customer” or “passenger” means each person named on a booking request (including anyone who is added or substituted) or any of them as the context requires.
“We”, “us” and “our” means ATA Holidays Pty Ltd (ABN: 16 624 813 609), trading as ATA Holidays.
“Third Party Travel Provider” or “Supplier” means the company or person who provides holiday arrangements which you book with us.
To book a holiday, please send your request via our website request form or e-mail to email@example.com. One of our travel consultants will contact you by e-mail with a proposed itinerary and quotation. Each quotation has a reference number that we will use to communicate with you throughout booking process and to support you while you are on holiday with us.
For tailor-made tour itineraries, the first two proposed itineraries and quotations are complimentary. After this, we reserve the right to request a non-refundable commitment fee of A$100 per person or a maximum of A$500 per group. This will be deducted from your required deposit amount at the time of confirmation.
For tour packages that compose of many relevant services, we are often not able to confirm every requested service at the time of booking as obtaining confirmation of all services from suppliers may take two weeks or more. Once we reasonably expect the key services of your holiday to be available, we will process your payment and a contract between us will come into existence, as set out in CONFIRMATION INVOICE below.
A contract between us will come into existence when we receive your deposit, at which time we will either issue a deposit receipt letter, acknowledging the acceptance of your booking or in the case that all arrangements can be confirmed at that time, we will issue a confirmation invoice.
Your confirmation invoice and any other documentation will be sent to the party leader by e-mail. You must therefore ensure you check your e-mail on a regular basis. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information that appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days since we send it to you.
We may contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent to you by post. References in these Booking Conditions to “send” and “in writing” include communication by e-mail.
If you have any special requests, you must inform us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. We make no promises and take no responsibility for special requests which we are unable to fulfil. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier concerned or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless you receive written confirmation from the supplier that a special request will be complied with, you must assume that it will not be.
The person named on the quotation (“party leader”) must be authorised to make the booking, based on these Booking Conditions, by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By paying the deposit, the party leader accepts these terms and conditions on behalf of all members of the party and confirms that he/she is so authorised to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made.
If passenger names are provided to us incorrectly, re-issue fees and name change fees from suppliers or service providers may apply. It is important that you provide names accurately in writing as per your passport to avoid any re-issue fees and to ensure you can use the services booked. It is your responsibility to check your booking confirmation to ensure names are spelt correctly on booking. You may not be able to use a service if it’s booked with an incorrect name. If this happens, we cannot be held liable and will not offer a refund, exchange, or credit. If you do not advise the correct information and we have to re-issue travel related documents or airline tickets, then you will be responsible for any fees charged by our Third-Party Travel Provider (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
All prices published in our website, social media channels, and marketing materials are for guidance only and are based on exchange rates in effect on the publication date. All prices are inclusive of relevant government taxes and are quoted in Australian Dollars (AUD) unless otherwise stated. Prices are valid at time of publication but are subject to change. Although every effort is taken to ensure prices are accurate at the time of publication, we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence.
We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation, fuel or air fare surcharges, or the imposition of new or amended Government taxes or levies. We will notify you as soon as these incur. We will not surcharge for currency fluctuations once full payment has been received by us.
A deposit as specified on your quotation must be paid at the time of booking. For certain arrangements, the suppliers require full payment at the time of booking. If this applies to your booking, we shall advise you of this prior to booking or may request an additional deposit payment after booking. The balance of the holiday cost must be received by us by the due date which will be specified on the confirmation invoice.
If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, the cancellation charges will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you. See CANCELLATION BY YOU below.
Payment can be made via bank transfer or credit cards. Credit card payment will incur a merchant fee of 1.6% for MasterCard and Visa, 2% for American Express, in addition to the total amount payable. You must cover your own bank charges and merchant fees.
CANCELLATION BY YOU
Cancellations must be notified to us in writing by the party leader. Your notice of cancellation will only be effective when we receive it in writing (by e-mail). The cancellation charges will apply as specified on the confirmation invoice. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling (unless reducing the party size increases the per person cost for those not cancelling) excluding insurance premiums (if included), late booking and amendment fees. Insurance premiums, late booking and amendment fees are not refundable in the event of cancellation.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) only if the following conditions are met:
• all suppliers and third parties accept the transfer and all services concerned can be re-booked. Air tickets are rarely transferable.
• you sign an authorisation to transfer the holiday into another name.
• the transferee accepts these booking conditions.
• the transferee provides us with new travel insurance details.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee must be paid. Any overdue balance payment must also be received.
AMENDMENT BY YOU
Should you wish to make any amendments to your confirmed booking, the party leader must notify us as soon as possible in writing. Whilst we will endeavour to assist, we cannot guarantee that any request will be met. If we can make the requested change, you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers and our amendment fees.
Please note that all our private tour packages are priced according to the number of people in the booking. If you wish to change the size of your party, the per person cost of the holiday for other members may increase significantly. Some airline tickets cannot be changed once booked, without incurring considerable cost.
AMENDMENT & CANCELLATION BY US
Though every effort will be made by us to ensure that your holiday is arranged by us as confirmed, occasionally circumstances may occur, that require us to make a Major Change to or cancellation of your trip.
Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If we make a major change, which is not due to an event beyond our control, you will be notified as soon as reasonably possible before your trip and you will be offered the following options:
• accept the changes we offer (for major changes); or
• accept an alternative holiday arrangement if available. If the alternative holiday is cheaper than the original one, we will refund the price difference; or
• accept a full refund for all monies paid to us.
“Major Changes” are normally regarded as:
• a change affecting the commencement date of your holiday; or
• a change in the arrival or departure city; or
• a change in the duration of the itinerary.
Our offer of any of the above shall constitute your sole remedy against us in respect of a Major Change (including any limitation) before departure. You and ATA Holidays agree to release each other from any further obligations which would have been enforceable had the holiday not been cancelled.
Except where otherwise expressly stated in these conditions, we will not be liable or pay compensation if our contractual obligations are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, terrorism, threat of war, civil strife, fire, flood, or any other extreme weather conditions, and its consequences or the threat of such activity, riot, labor difficulties, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, chemical or biological disaster, adverse weather, sea, air, ice and river conditions, loss of power, epidemics or pandemics, inability to obtain any necessary license or consent and delays caused by sub-contractors and all similar events beyond our or the supplier(s) concerned control.
Prior to travel: If your travel arrangements cannot proceed due to Force Majeure, we must reserve the right to:
• reschedule your travel arrangements, and issue you a credit equal to amounts paid; or
• cancel your travel arrangements, and our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable Third-Party Travel Provider costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
During travel: If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable Third-Party Travel Provider costs only.
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance. If we cancel your travel arrangements for reasons beyond Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal or better quality if appropriate. We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
PASSPORT, VISA & HEALTH FORMALITIES
It is your responsibility to check and fulfill the passport, visa, health (including vaccinations, vaccination certificate requirements and anti-malarial medication) and immigration requirements applicable to your travel itinerary. You must check the requirements for your own specific circumstances with the relevant embassies and/or consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us on demand in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
HEALTH & FITNESS REQUIREMENT
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your holiday.
You acknowledge that you are required to have a good level of health and fitness to undertake your trip. Neither ATA Holidays nor our travel supplier(s) will be able to provide medical or other assistance in the event that you are unable to complete any aspect of the trip as a result of your health or physical condition (nor is ATA Holidays liable for any loss, damage, expense, injury or death arising from such).
It is a condition of travel that all travellers are adequately covered by travel insurance prior to departure. Insurance should cover personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancellation or curtailment of holiday. Your insurance details must be supplied to us at the time of booking. If you fail to provide the requested insurance information prior to travel as well as on arrival, we reserve the right, acting in our sole discretion, to cancel bookings and apply charges as per our cancellation policy. In some cases, a pre-existing medical condition may not be covered by your travel insurance company.
ACCEPTANCE OF RISK
You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
All our tour packages or holiday arrangements do not include airfares unless otherwise stated. All airfares are subject to availability and airline conditions apply. Our consultant may assist you in booking an appropriate flight for your holiday which does not form part of a tour contract with us. Ticketing fee and relevant airlines conditions will be advised at the time of quotation. You may book flights via any travel agent. We are not responsible and liable for any flight bookings or flight amendments or consequences that arise through amendments or cancellation of flights by the supplier(s). You must ensure your flight details are provided to us on time, no later than 30 days prior to arrival. Please do NOT book your flights until your booking is confirmed.
All tour packages include private airport transfers unless otherwise stated. Airport transfers are scheduled to coincide with the flight arrival and departure times of your group, applied to one arrival and one departure per group per booking. Multiple flight arrival and departure times will incur additional charges which will be notified upon request.
Airport transfers are not included in beach escapes and cruises unless otherwise stated. Private airport transfers can be arranged upon request at additional cost. Please enquire for further details.
TRAVEL WITH CHILDREN
Our holidays are open to children of all ages unless otherwise specifically stated. Travellers under 18 must be accompanied by an adult aged 18 and up. Parents or guardians are fully liable for their children and have to supervise and police their children at all times.
Travellers under 18 will need to either share a room with a parent or another family member, or pay the single supplement. Triple sharing is usually possible, but must be requested at the time of booking. In cases where separate rooms are booked, we will request, but cannot guarantee, interconnecting or adjacent rooms.
Baby cot for infants is on request, free of charge, but subject to availability. Baby cot must be requested at the time of booking.
Certain services provided by our Third-Party Travel Provider and are arranged by us in our capacity as agent only. Our obligation is to make bookings on your behalf for such services and to arrange relevant contracts between you and such service providers. We use reasonable skill and care in the selection of reputable service providers, but we have no control over, or liability for, the services provided by third parties. All bookings are made subject to the terms and conditions including conditions of carriage and limitations of liability imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in relation to such services are against the specific service provider and, except to the extent a problem is caused by fault on our part, not against us. You acknowledge that this clause shall apply to all Third-Party provided services notwithstanding that our tour guide may accompany you during provision of such services.
In the unlikely event that you are unsatisfied with any aspect of your holiday, you must immediately notify the service supplier concerned, or your travel consultant, or your tour guide to ensure we are given the opportunity to address and attempt to resolve any issue that you may raise at the time they occur. If a problem cannot be resolved and you wish to complain further, you must notify us in writing within 14 days of completion of your holiday (giving your booking reference and all other relevant information). Failure to do so will affect our ability to investigate your complaint and could affect your rights under these conditions.
LAW OF CONTRACT
This contract is governed by the laws of the state of New South Wales and any legal action arising therefrom shall be litigated only in the appropriate court in that state having jurisdiction in that claim.