TOUR BOOKING CONDITIONS, TERMS AND POLICIES
Planetdwellers Pty Ltd Tour Booking Terms and Conditions
These terms apply when you book one of Planetdwellers’ own tours. See here for the terms and conditions for Planetdwellers travel services.
Please take the time to read and understand these conditions of booking prior to booking a trip with us. We strongly recommend that you also read the Trip Notes relating to your trip prior to booking to ensure that you understand the itinerary and style of the trip you are undertaking.
Our contract
All bookings are made with Planetdwellers Pty Ltd (ACN 161 897 632) (us/we). By booking a trip with us you are deemed to have agreed to these Booking Conditions which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
Travel insurance
Travel insurance is compulsory for all Planetdwellers Pty Ltd travellers and should be taken out at the time of booking or prior to joining the tour. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of AUD$200,000 for each of the heads of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it. If you obtain travel insurance through us you acknowledge that you are satisfied with the level of insurance we have arranged.
Charges
All payments by credit card incur a 1.75% fee for Australian based credit cards and 3% for non-Australian based credit cards. We accept Mastercard, Visa and American Express cards. Other cards may be accepted upon request.
Flexibility
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
Change of itinerary
While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as but not limited to visas, vaccinations or non-refundable flights.
Authority on tour
Our group trips are run by a Planetdwellers Pty. Ltd. Tour guide/leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being of the group, the group leader may order you to leave the trip immediately, with no right of refund. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate.
However it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you assume the personal risks attendant upon such travel.
Limitation of liability
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Optional activities
Force Majeure:
1. In this document: (a) Force Majeure Event means: any future event relating to the Existing Conditions which prevents the event from being held or the travel to or occupation of the Resort by any of the talent engaged in respect of the event, the Client's representatives for the Event and/or the majority of the delegates for the Event; OR an unforeseeable and unknown event occurring after the date of this agreement which is beyond the reasonable control of the parties
which precludes a party from performing on time an obligation under this agreement, including: (i) acts of God, lightning strikes, fires, floods, earthquakes, storms, cyclones, explosions and any other natural disaster; (ii) acts of war, acts of public enemies, terrorism or terrorist attacks, riots, civil commotion, malicious damage, sabotage and revolution; (iii) a pandemic that is declared by a Governmental Agency and measures that are implemented by the Governmental
Agency to address the pandemic; and/or (iv) a suspension or termination of services or works is necessitated by requirement or is ordered by a Government Agency; and (b) Government Agency means any government or any semi- governmental, administrative, fiscal or judicial body, commission, authority, tribunal, agency or entity.
2. If a Force Majeure Event causes delay or failure by a party to perform its obligations under this agreement or which prevents the event from being held or the travel to or occupation of the Resort by any of the talent engaged in respect of the event, the Client's representatives for the Event and/or the majority of the delegates for the Event: (a) neither party is liable for such delay or failure; and (b) all obligations of a party under this agreement are suspended until the Force Majeure Event ceases to apply.
3. A party which is, by reason of a Force Majeure Event, unable to perform any obligations or condition required by this agreement must: (a) notify the other party as soon as possible giving: (i) reasonably full particulars of the Force Majeure Event; (ii) the date of commencement of the Force Majeure Event and an estimate of the time required to enable it to resume full performance of its obligations under this agreement; and (iii) where possible, the means proposed to be adopted to remedy or abate the Force Majeure Event; (b) use all reasonable diligence and employ all reasonable means to remedy or abate the Force Majeure Event as soon as possible; (c) resume performance as soon as reasonably practicable after termination of the Force Majeure Event or after the Force Majeure Event abates to an extent which permits resumption of performance and after taking into consideration the artists’ schedules and any other relevant considerations; (d) notify the other party when the Force Majeure Event terminates or abates to an extent which permits resumption of performance; and (e) notify the other party when resumption of performance occurs.
4. Without limiting paragraph 3 above, in the case of a Force Majeure Event relating to the Existing Conditions which prevents the Event from being held or the travel to or occupation of the Resort by any of the talent engaged in respect
OPTIONAL ACITIVITES
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your tour leader or local representative in arranging optional activities does not render us liable for them.
Errors & omissions
Although we have made a concerted attempt to verify the accuracy of statements made in our trip documentation including brochure, website and Trip Notes we cannot be held responsible for any error, omission or unintentional misrepresentation that may occur.
Claims & complaints
If you have a complaint about your trip please inform your tour leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip. We will otherwise treat your details in accordance with our privacy policy.
Applicable law
The laws of Australia govern these Booking Conditions and any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Australia.
Registered address of Planetdwellers Pty Ltd:
Shop 1 113-115 Oxford St Darlinghurst NSW 2011 Australia