Rickshaw Travel : Booking Conditions
RICKSHAW TRAVEL Pty Ltd - BOOKING CONDITIONS
The following Booking Conditions together with the applicable General Information shown on our website form the basis of your contract with Rickshaw Travel Pty Limited (registered in Australia with company number 100 486 824, registered office Suite 905 / 147 Pirie Street, Adelaide SA 5000). Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions only apply to holiday arrangements which you book with us in Australia 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”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Rickshaw Travel Limited.
1. Making your Booking
To make a booking, please complete the Booking Form on our website. This should be completed and submitted by the ‘party leader’. The ‘party leader’ is defined as the first named person on the booking form. The party leader must be authorised to make the booking on the basis of 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 submitting the Booking Form, the party leader confirms that he/she is so authorised. The party leader is responsible for ensuring that all payments due to us are made on time. The party leader must be at least 18 when the booking is made.
You will also need to pay a deposit at this time (see clause 2 below). Subject to the availability of your chosen arrangements, we will then send you a confirmation of your booking; this will also include details your payments and outstanding balance. Any acknowledgement of your Booking Form we send you in the meantime is not a confirmation of your booking. We will also confirm your holiday if your requested arrangements are available subject only to minor amendments. The booking confirmation will be sent to the party leader. Please check this confirmation carefully as soon as you receive it. Contact us immediately if any information which 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 10 days of our sending it out, (with the exception of airline tickets - see below). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Flight bookings are accepted on the basis that you will double check the name spellings of all travellers (first and last name(s) as they appear in each traveller`s passport), and dates prior to you instructing us to issue tickets. If this is not done and tickets are issued with incorrect passenger names or dates, we will not be responsible for any costs incurred to correct them.
If the arrangements requested on your booking request form are not available, we will contact you to discuss alternative arrangements.
We will communicate with you by e-mail in relation to your booking. You must accordingly check your e-mails on a regular basis. We may also 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 by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to info@rickshawtravel.com.au, unless otherwise instructed by us.
2. Health and Fitness
A minimum level of fitness is required to be able to travel with Rickshaw Travel. As a minimum you will need to be able to walk reasonable distances on uneven surfaces, carry your own luggage and walk up a few flights of stairs with ease. We exclude all liability for any illness, injury or death sustained by you on tour as a result of any pre-existing medical condition. We will not be responsible for, and you agree to release us from, any liability arising out of any medical condition, illness or injury that you may suffer during the tour or as a result of the tour. You should consult your doctor or travel medical specialists in your home state before travel regarding any inoculations, medications and other health precautions that should be taken in relation to travel within the regions comprising your trip.
3. Payment
In order to book your chosen holiday, a deposit of 25% of the total holiday cost is required (excluding the cost of any international flights), and final payment is due 60 days prior to departure. Please note that tour costings are based on using special airfares which may require early payment. Therefore an additional payment may be required between the time the deposit is paid and the final payment is due to cover the cost of the airfares. Please ask your consultant for the payment schedule for your particular travel plan. We may cancel your booking if either the deposit payment or the final payment is not paid by the relevant due date. In the event of cancellation, the cancellation conditions set out below will apply. Rickshaw Travel is based in Australia, all prices are quoted in Australian dollars and must be paid in Australian dollars. Please note, a higher deposit or full payment may be due at the time of booking and/or an earlier balance due date may be applicable for bookings made within 60 days of commencement of travel or for international flights you book with us, depending on the ticketing conditions, rules and regulations set by the airline in question.
4. Your contract
These Booking Conditions are governed by the laws applicable in the State of South Australia, and the parties agree to submit to the exclusive jurisdiction of the courts of South Australia. If part or all of any provision of these Booking Conditions is illegal or unenforceable, it will be severed from these Booking Conditions and will not affect the continued operation of the remaining provisions of these Booking Conditions. We may vary these Booking Conditions from time to time by notifying you in writing.
5. The cost of your holiday
Please note, changes and errors may occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to increase / decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Our travel plan proposals are valid for 14 days. If you do not make a booking within 14 days as from the proposal date this may result in a recalculation of the travel price.
6. Special requests and medical conditions / disabilities
If you have any special request, you must advise 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. 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 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 and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (subject to the possibility to obtain this) when it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
7. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Any increase in cost of your holiday itinerary caused by the change will be at your cost. Additional to this is our change fee of $80 per booking and any costs / fee charged by our overseas suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed. It may not be possible to make changes to certain travel arrangements (for example flights) after booking / tickets have been issued (as applicable) without paying cancellation charges which may be up to 100% of the cost of the arrangements in question.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 2 weeks before departure. 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 administration fee of $80 per booking must be paid before the transfer can be effected. Any overdue balance payment must also be received. Please note that this will only apply for change of person using the room configuration as booked. In all other cases please contact our office. Please note that names on airline tickets cannot be changed.
8. Cancellation by you
Should you or any member of your party need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable in relation to cancelled land arrangements. 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 excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation. Flights may not be changeable or refundable after tickets have been paid for and issued. Cancellation of or changes to flights may therefore incur a cancellation charge of up to 100% of that part of your booking. We will advise you of airline cancellation charges when you book.
Cancellation of reservations must be provided to us in writing and are subject to the following cancellation fees:
More than 60 days before departure – loss of deposit
59 to 45 days before departure – 35%
44 to 30 days before departure – 60%
Within 30 days of departure – 100%
Please note that flight tickets are based on special airfares. Depending on the airlines these do incur cancellation charges once the tickets have been issued. These charges are in addition to the cancellation charges set out above. Airlines are responsible for the timing of refunds of air tickets.
Cancellation insurance is available that may cover cancellation charges and such insurance is highly recommended - please ask your consultant for details.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price was calculated and the number of free places and/or any concessions agreed for your booking were based on, we will recalculate these items and re-invoice you accordingly.
9. Insurance
Travel insurance is not included in any of the prices. Travel insurance is compulsory when travelling with Rickshaw Travel. You must be covered for the full duration of your journey for costs associated with illness, injury, death, loss of or damage to baggage and personal items, cancellation, loss of deposit, medical and hospitalisation expenses, repatriation and curtailment expenses due to illness, the need to return home unexpectedly, evacuation expenses and accidental death or disability. We will be able to advise you on request about travel insurance packages however, you are solely responsible for obtaining the appropriate insurance cover as set out above.
10. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors on the website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of circumstances outside our control.
If we have to make a significant change or need to cancel some of the arrangements, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements, or
If you do not wish to accept the holiday we specifically offer you, you may choose any of our other available holidays. You must pay the applicable price of any such holiday. This will mean you are paying more if it is more expensive or receiving a refund if it is less or
(b) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
11. Force Majeure
Except where otherwise stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance under our contractual arrangement with you is prevented or affected by "force majeure". Nor will be take responsibility for any damage, loss or expense of any nature as a result of "force majeure". In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not foresee or avoid, even with all due care. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
12. Risk and Liability
Every effort is made to ensure that your holiday arrangements are satisfactory and we accept liability for, but only to the extent of, any loss or damage sustained by you as a direct result of our negligence. In any event, our aggregate liability to you is limited to the amount you have paid to us for the relevant tour.
You acknowledge and agree that there are inherent risks involved in participating in the tour, including without limitation possible contact with native fauna, local residents, unforeseen events and travel in remote locations. By making a booking, you agree to accept all risks associated with the tour. We exclude, and you unconditionally release us from, all liability, including without limitation in contract and in tort, for any cause of action, including any injury, damage, loss, cost, delay, additional expense or inconvenience caused directly or indirectly as a result of the inherent risks associated with the tour. Or any force majeure events or other events which are beyond our control, including but not limited to war, civil disobedience, terrorism, insurrection, accident, explosion, sickness, fire, floods, severe weather, acts of God, acts of Government, alteration or cancellation of scheduled air services, accidents to or failure of machinery or equipment or industrial action.
If we or our service providers are affected in any way by a "force majeure" event, we may in our discretion vary or cancel any itinerary or arrangement in relation to the tour as we consider necessary, without incurring any liability to you.
Each service provider is responsible for the part of the tour it conducts. Service providers are not our agents or employees and are not under our direct control. We therefore do not warrant the performance of any service provider. We do not accept, and you release us from, all liability for any injury, loss, damage, costs or expenses, including without limitation any property damage or personal injury, that you may suffer which arises out of any act or omission of a service provider or operator who provides services in connection with your tour. Any claim that you may have in relation to a service provider should be raised directly with that service provider.
You are responsible for any injury, loss, damage, costs or expenses arising through your own fault. You agree to indemnify us against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against us) as a result of, or arising in relation to, whether directly or indirectly, your participation in the tour or any act or omission by you in relation to the tour.
13. When you get there
Local Representatives: Your documentation states the name and telephone number of our local representatives for any assistance with difficulties or changes. If you need to alter your arrangements once overseas or to add services to your booking you may do this through our local representative. Any additional costs incurred must be paid directly to the supplier of the service and may not be charged back to Rickshaw Travel.
We cannot be held responsible for any subsequent complaint with arrangements booked directly with supplier abroad.
Cancellations of confirmed services must be notified through Rickshaw Travel even if you have advised the local representative. Rickshaw Travel does not authorize the employees of any overseas supplier to promise refunds to clients.
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the supplier of the service(s) in question. Any verbal notification must be put in writing and given to the supplier as soon as possible. If any complaint or problem is a serious one which is not resolved to your satisfaction by the supplier, you must contact us in Australia using the contact details we have provided you with during your holiday, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you can contact your Rickshaw travel specialist.
14. Passports, visas and health requirements
It is your responsibility to ensure that all passports, visas, travel permits, health certificates and other documentation required for the tour are obtained and are in order. You must also pay all required taxes, including Australian departure tax and ticket levies, which are payable in relation to the tour. You are responsible for any additional costs incurred by either us or you as a result of any failure to comply with these requirements.
15. Delay and Denied Boarding Regulations
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay including the ones which significantly affects your holiday arrangements while travelling.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline, you must pursue the airline for the compensation or other payment due to you. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations.
16. Website / advertising material accuracy
The information contained on our website and in our other advertising material is correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
17. Safety standards
Please note, it is the requirements and standards of the country where the services which make up your holiday are provided that are applicable to those services and not the safety standards applicable in Australia. As a general rule, these requirements and standards will not be the same as Australian and may often be lower.
18. The nature of our holidays
Please keep in mind, before and during your trip, the type of holiday you are undertaking including the areas to which you are travelling. Many of our arrangements may be described as “soft adventure” and involve travelling to remote places where the normal conveniences, comforts and structures of Australia simply do not exist. Accommodation may be very basic with no flushing toilets, hot showers, electricity, access to the internet and the like. It is impossible to guarantee that everything will go according to plan as conditions on the ground at the time (such as the weather) may require changes or make certain arrangements impossible. Please be understanding and tolerant in such situations as they are an unavoidable part of the experience over which we have no control.
1. Introduction
Rickshaw Travel Pty Ltd regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all Rickshaw Travel Pty Ltd users, and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact Nadia Flint at +61 (0)8 8125 1800.
2. Collection of Information
In order to use the Rickshaw Travel Pty Ltd website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by Rickshaw Travel Pty Ltd is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
3. Use of Collection Information
Any details collected from Rickshaw Travel Pty Ltd customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
4. Storage of Collected Information
The security of your personal information is important to us. When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at nadia.flint@rickshawtravel.com.au.
5. Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at nadia.flint@rickshawtravel.com.au.
6. Orders
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
7. Communications
Rickshaw Travel Pty Ltd uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at nadia.flint@rickshawtravel.com.au.You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your
information with that party.
8. Third Parties
Rickshaw Travel Pty Ltd may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. Rickshaw Travel Pty Ltd does not share any information with third parties for any unknown or unrelated uses.
9. Legal
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
10. Links
Links on the Rickshaw Travel Pty Ltd site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.rickshawtravel.com.au and other Rickshaw related websites such as (country)online.com.au (e.g. www.vietnamonline.com.au, www.india-online.com.au, www.cambodiaonline.com.au).
11. Changes to Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.
