Booking Terms and 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 3 below). Subject to us being able to confirm your arrangements, we will then send you a ‘booking confirmation’ in which we confirm that your requested trip has been booked, details of your payments received so far and the due date of any outstanding balance. If the arrangements requested on your booking form are not available, we will contact you to discuss alternative arrangements. We will only refund your deposit if we are unable to confirm your booking as requested, with the exception of minor amendment(s).
Due to the complex / tailor made nature of our bookings it can take up to ten working days between our receipt of your booking form and us sending you a booking confirmation. Please note that it can take longer than ten days to confirm bookings and in these cases we will keep you informed of the reason for the delay and of our progress in confirming your booking. The booking confirmation will be sent to the party leader. Any correspondence we send prior to sending your booking confirmation is not a confirmation of your booking.
Please note we cannot guarantee requests for specific hotels because we sell from a small specially selected pool of hotels. This means that if one hotel is full, we are able to offer another of equal standard. Once your booking is confirmed, we will send you a comprehensive list of the hotels you’ll be staying in.
Once you have received your booking confirmation, please check this carefully and 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, even if we are responsible for them, in any document within 10 days of our sending it out, (with the exception of airline tickets – see next paragraph). 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 have double checked the spellings of all travellers’ first and last names are as they appear in each traveller’s passport. Please also double check your travel dates before instructing us to issue e-tickets. If this is not done and airline tickets are issued with incorrect name spellings, middle names instead of first names, flight dates or destinations, it is not uncommon for airlines to impose standard cancellation charges, and insist that a new reservation be made and paid for. We will not be responsible for any costs incurred to correct them. Please note that these costs can be up to 100% of the value of the ticket.
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 the relevant travel specialist (when travel specialists are absent from work, their incoming emails are monitored by colleagues) unless otherwise instructed by us.
Rickshaw Travel reserve the right in our absolute discretion to refuse to accept any booking.
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.
(i) Ground arrangements (excluding international flights)
In order to book your chosen holiday, a deposit of 25% of the total holiday cost is required (minimum amount of $500), and final payment is due 60 days prior to departure. For bookings made within 60 days of commencement of travel, a higher deposit or full payment will be due at the time of booking and/or an earlier balance due date will be applicable. We will advise you the exact deposit amount at time of booking.
Galapagos Island bookings: If you have booked a Galapagos Islands package, tour or cruise as part of your holiday with us, a 60% deposit for this portion of your trip is required at time of booking, in addition to the deposit for the rest of your land arrangements. We will advise you the exact deposit amount at time of booking.
Internal Flights: Tour costings are based on using special internal 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.
(ii) International Flights
Unless otherwise stated, payment in full for your international flights is required upon asking us to make your booking. Please note that seat availability, airfares, taxes and fuel surcharges cannot be guaranteed until the flight tickets have been paid for and issued. Once airline tickets have been issued, cancellation and change penalties apply.
(iii) Reminders are not sent. If we do not receive all payments due (including any surcharges or credit card fees due or overdue where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payments, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
(iv) Rickshaw Travel is based in Australia, all prices are quoted in Australian dollars and must be paid in Australian dollars.
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.
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 correct errors in advertised prices at any time before your holiday is confirmed.
Changes in transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports mean that the price of your travel arrangements may change after you have booked. As a result a surcharge or refund (as applicable) may be payable.
Rickshaw Travel will advise of all mandatory pre-paid taxes payable on your airline ticket. Some countries also charge departure taxes that may only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges.
In the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 10 ‘changes and cancellations by us’.
You have 14 days from the issue date printed on the surcharge invoice (revised booking confirmation) to tell us if you want to choose option (b) or (c) as set out in clause 10 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
6. Special requests and medical conditions / disabilities
If you have any special requests, 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.
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 $100 per person 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 usually transfer their place to someone else (introduced by you) providing we are notified not less than six 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 $100 per person must be paid before the transfer can be effected. Any overdue balance payment must also be received. Please note that names on airline tickets cannot be changed.
8. Cancellation by you
If you advise us in writing that you wish to cancel your holiday after we have taken a deposit, but before the holiday has been confirmed the deposit is non-refundable. However if we are unable to confirm your booking as requested, with the exception of minor amendment(s) you are entitled to a refund of your deposit(s).
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.
The Period before holiday start date within written notification of cancellation is received by us – Cancellation charges:
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%
Inca Trail bookings: Please note that if you have booked the Inca Trail as part of your holiday with us, the cost of the Permit is non-refundable irrespective of when it is cancelled.
Galapagos Island bookings: Please note that if you have booked a Galapagos Islands package, tour or cruise as part of your holiday with us, a 60% deposit for this portion of your trip is required at time of booking, and this deposit is non-refundable irrespective of when it is cancelled.
Charity Contributions: Please note that charity contributions are non-refundable irrespective of when the trip is cancelled.
International Flight Tickets: International 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.
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, number of free places and/ or any concessions agreed for your booking were based, we will recalculate the price and re-invoice the remaining party members accordingly.
See clause 7 “Changes by you” if any member of your party are prevented from travelling.
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 in our itineraries, website and other details, both before, and after bookings have been confirmed. On rare occasions, it may be necessary to change or 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 booking after it has been confirmed where we are forced to do so as a result of circumstances outside our control such as “force majeure” (see clause 11), or where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away and, in the case of tours, a significant change of itinerary missing out one or more major destinations substantially or altogether.
If we have to make a significant change or cancel, 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) accepting the changed arrangements or
(b) 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
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
In the unlikely event, if after you depart that we become unable to provide a significant proportion of the services you have booked, for reason other than “force majeure” we will make alternative arrangements for you at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to the point where your holiday arrangements with us commenced. Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
Where as a result of “force majeure” an alternative mode of transport or accommodation has to be arranged, we will reimburse you for the difference if the alternative is cheaper, but you will be liable for the additional cost if more expensive for example a higher quality of accommodation.
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 we 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, volcanic eruptions, 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
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 authorise 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 11 of 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 affect 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 Australia 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.
19. Department of Foreign Affairs and Trade Advice
The Department of Foreign Affairs office publishes regularly updated travel information on its Smartraveler website, which you are recommended to consult before booking and in good time before departure.