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 PTA and you for the services provided by PTA and set out the basis of your legal relationship with PTA.
Acceptance of your booking will be confirmed in writing to you or your travel agent when the relevant payments are made 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.
Prices and Validity
Prices are on twin share basis, and based on costs and exchange rates applicable when this quotation was printed. The rate quoted includes GST and are quoted in Australian Dollars and are valid from the 1st April 2013 until the 30th September 2013. PTA 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, supplier’s cost and other operating costs on which prices are based.
Child rates apply to children aged 3 yrs to 12 yrs old. Infants are free of charge.
Exclusion of Liability
Except where stated otherwise, PTA’s acts as an agent for service providers when making arrangements for your trip. Where PTA provides services it will do so with due care and skill. PTA is not responsible for the acts and omissions of others, 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 PTA, travel agent or other representative, which has not been stated expressly in this brochure. PTA 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 PTA’s trip (including pre- and post accommodation) are entirely at your own risk and PTA 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, PTA does not accept liability for any loss, death, injury or damage, 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 PTA to comply with its obligations under this contract, or in respect of any other conduct that PTA 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 PTA 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 PTA or its Representatives as a result of your participation in any trip. For these purposes, PTA 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 are 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.
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).
Agents are required to meet our standard requirements to qualify for our special tariff rates.
Tariffs are subject to change without any prior notification.
Cancellation by PTA
PTA reserves the right to cancel any tour arrangements 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, PTA reserves the right to cancel a departure at any time. With any form of cancellation, PTA 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 difference to you. If you do not accept alternative arrangements we will refund all payments you have made to PTA, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). PTA will not be liable for any additional costs incurred by you.
PTA 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 PTA 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.
Cancellation by You
Cancellations must be notified in writing and will be confirmed by PTA in writing. All cancellations confirmed less than 7 days to the confirmed arrival date will incur a 50% purchase rate. All bookings cancelled less than 3 days to confirmed arrival date or a no show will incur a full charge purchase rate. During high season or special event period, a 45 days notice of cancellation will be imposed and override the above minimum cancellation dates, unless otherwise stated specifically prior to event or season.
No refunds will be offered to unused services or products.
Bookings received less than 5 working days of arrival will incur a $50AUD charge for priority service and handling. Booking confirmation will be subjected to availability at time of booking. Any bookings made 3 days prior to arrival may incur higher priority charges and may not be confirmed by PTA. This will be entirely up to PTA’s discretion at time of booking.
Any amendments to confirmed bookings may incur a process and handling fee and may NOT be accepted by PTA. This is entirely up to PTA’s discretion at time of amendment.
All bookings are to be paid in full prior to arrival date unless prior arrangements have been made with PTA. Any deposits required will be made clear at time of booking by PTA.
Changes to your Holiday
You acknowledge that travelling with PTA requires a degree of flexibility, 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, availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond PTAs’ control or which simply cannot be foreseen. PTA does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond PTA’s control.
Passport and Visas
It will be your responsibility to ensure that you carry a valid passport and have obtained the appropriate visas when travelling with PTA. Please ensure that your passport is valid for at least 6 months beyond the duration of your holiday.
This agreement will be governed by and construed in accordance with the law of Queensland, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Queensland, Australia as regards any claim or matter arising under this agreement.