Last updated October 2021
CONTRACT
Contours Travel is a tour operator specialising in Latin America. All Services provided by Contours Travel are sold on these terms and conditions (“Terms”). Please read the following booking conditions carefully and make sure you understand them before making your booking. By paying the non-refundable deposit or payment in full, you acknowledge that you have read, understand and agree to be bound by these Terms & Conditions and warrant that you have brought them to the attention of all travellers in your booking.
BROCHURE & WEBSITE VALIDITY
Information in Contours Travel current brochures (“Brochures”) and on Contours Travel website (“Website”) is valid from 1st March 2021 until otherwise changed or notified.
BOOKINGS
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than the director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
SERVICES
The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
DEPOSITS
A $500 deposit per person is required within 7 days (unless otherwise stated) of us accepting your booking. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below). For bookings that include cruises, Amazon lodges, all-inclusive hotels, Inca Trails and other products, additional deposits may be required.
Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable, or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
FINAL PAYMENT
Payment in full must be received by the date(s) reflected on your invoice ORno less than 70 days before commencement of your trip. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation.
For late bookings (bookings within 30 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.
Please note that credit card payments are subject to the following surcharges: 1.4% for Visa/Mastercard and 2% for Amex. These surcharges reflect our costs to process card payments.
CONTENT
Contours Travel has taken considerable care to make sure all information in the brochure and on the website is correct. Prices quoted in this brochure are based on exchange rates, cost of services and applicable taxes as of 1 March 2019.
DESCRIPTIONS, MAPS & PHOTOGRAPHS
Descriptions featured in the brochure or on the website are based on current guides and are subject to change at any time. Maps and photographs are included for general information and may not necessarily reflect actual routings, locations, or services. Hotel room photographs may not be specific to the actual room occupied.
AIRLINES
The depiction or recommendation of any domestic and international airline in the brochure or on the website does not commit the airline to any travel arrangements and the airline shall not be responsible for statements or literature relating to the travel arrangements in the brochure or on the website. All airline tickets are issued subject to the condition of carriage and fare rules as specified by the airline.
TOUR COSTS
Our costs include but are not limited to costs of research, consultation and communication with travel agents and overseas suppliers, marketing and advertising. All prices are per person and expressed in Australian Dollars, unless stated otherwise. All prices are subject to change without notice up to the day of departure due to factors including but not limited to currency fluctuation, government taxes, charges and levies. Once you have paid for your booking in full, we will not surcharge for any adverse currency fluctuations. Any airfares quoted or confirmed are subject to change without notice prior to the ticket being issued. Please note security and airport taxes around the world change daily. Prices quoted or confirmed do not include costs that are not a compulsory part of the relevant tour. Such costs may include but not be limited to the following: visas, insurance, excess baggage, meals not mentioned, vaccinations, beverages, tips, shipboard gratuities, costs of a personal nature including but not limited to laundry, telephone calls, cost of passport and personal services to hotel rooms, emergency evacuation costs, airport departure taxes, security charges, other airport taxes, international and domestic airfares.
AMENDMENT BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $50 per country and/or supplier will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
AMENDMENTS BY US
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
CANCELLATION BY YOU
Covid-19 credit redemptions
If: (a) we issued you with a credit due to your original travel arrangements being disrupted by Covid-19 and associated restrictions; and (b) you have redeemed that credit for new travel arrangements; then (c) you agree that we will not be obliged to refund you the value of the credit if you cancel your new travel arrangements.
If you cancel travel arrangements that have a value which exceeds the value of your credit (Excess Payment), then we will refund you the Excess Payment, less cancellation fees in accordance with the table below, calculated from the date which we receive written notice of cancellation:
- More than 90 days before commencement: 25% of the Excess Payment
- 90 days to 60 days before commencement: 50% of the Excess Payment
- Within 59 days or no show 100% of the Excess Payment
New or changed quarantine requirements
If after we confirm your booking: (a) new or changed quarantine requirements are in imposed by government authorities either in a destination you are due to visit or in your home State or county and these remain in effect 60 days before commencement of travel arrangements booked with us; and (b) these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip not less than 45 days prior to commencement of the first arrangement.
If you cancel travel arrangements in these circumstances, then we will refund payments made by you less: (a) unrecoverable third party costs and other expenses incurred by us in relation to your travel arrangements; (b) overhead charges incurred by us relative to the price of your travel arrangements; and (c) fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation and in connection with the processing of any refund.
Other Cancellations
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:
• Any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines and ground operators);
• A fee which is the greater of the deposit and 15% of the booking value to compensate us for work performed up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking) and our loss of profit; and
• A fee which is the greater of $250 or 5% of the booking value to compensate us for processing the cancellation, associated refund and insurance documentation if required.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
You agree that these cancellation fees and charges are reasonable and required to protect our legitimate business interests.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
MINIMUM STAY
The company is a specialist tour operator and does not normally accept reservations of less than five nights. Exceptions may be made at our discretion and subject to an under-stay fee being charged.
NO SHOW
If you fail to check in at a designated location or service as confirmed in your booking, a “no show” fee equal to 100% of the cost of that particular component of your travel arrangements will be charged.
UNUSED & DENIED SERVICES
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances. Contours Travel does not authorise any overseas suppliers to make any undertakings on our behalf or otherwise in respect of refunds or other matters.
CANCELLATION OR VARIATION BY US
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Force Majeure – Prior to travel
If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:
- reschedule your travel arrangements (in whole or in part); and/or
- cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).
If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Force Majeure – During travel
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third party costs for cancelled travel arrangements only.
Force Majeure – General
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled 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.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
Other cancellations
If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.
We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
TRAVEL INSURANCE
It is a condition of booking that you have adequate travel insurance for the full duration of your travel arrangements in respect of illness, injury, death, medical expenses, loss of baggage, personal items and deposits, cancellations and curtailment of tours en route and that you provide us with the policy number and emergency contact number prior to travel.
PASSPORT & VISAS
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited.
HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you are travelling to certain South American cities situated at high altitudes, you must check with your doctor that you are fit to travel to these altitudes.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
VACCINATIONS
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. Subject to the Illness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accept the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL
If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:
- an airline or other common carrier refuses you carriage;
- a hotel or vessel refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
ACCEPTANCE OF RISK
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
RESPONSIBILITY
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim, or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
General liability limitation
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia. Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties. To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
SEVERANCE
If any provision of these Terms is held to be invalid or in any way unenforceable, it shall be severed from these Terms and the remaining provisions shall not in any way be affected or impaired and these Terms shall be construed so as to most nearly give effect to the parties’ intentions at the time when Contours Travel confirmed its acceptance of the relevant booking.
GOVERNING LAW
All matters in respect of the Services provided by Contours Travel but not in respect of other things are governed by the laws of Victoria and the courts of Victoria shall have the exclusive jurisdiction to determine all claims arising in connection with such Services or pursuant to these Terms and Conditions.
DEFINITIONS
In these Terms, the following terms have the following meaning: (a) “Contours Travel” means Contours Travel Pty Ltd of Suite 12, Level One, 520 Victoria Street, North Melbourne, Victoria, 3051, Australia and (b) “Services” means booking and packaging by Contours Travel of accommodation, transportation, tour, and other services provided by other suppliers.
CONTOURS TRAVEL PTY LTD
Suite 12, Level One, 520 Victoria Street North Melbourne VICTORIA 3051, AUSTRALIA
Tel: (03) 9328 8488, Toll-Free: 1300 135 391
Email: [email protected]
ABN 54907026274
