1. LEGAL IDENTITY
Bhutan Curated Travels (ABN: 70387155834) is registered with the Australian Securities and Investments Commission, and listed on the Australian Business Register. Bhutan Curated Travels complies with the Australian Consumer Law and will take all necessary care to avoid causing loss or damage to customers
2. CONTRACT AGREEMENT
By booking a trip with Bhutan Curated Travels you agreed to the conditions outlined in this Terms and Conditions agreement, constituting the full agreement between you and us, and your booking will be accepted by us on this basis.
Dates, itineraries and prices are valid and accurate at the time of booking. Itineraries and prices without set dates are indicative only.
(i) A non-refundable fee of 20% of the total trip package cost per person per trip will be charged and retained by Bhutan Curated Travels (Australia) at the time of confirmed booking. If the booking is made within 60 days of travel 100% of the trip package is payable upon booking.
(ii) A service fee starting from AUD 100 will be charged for custom made itineraries. The fee is variable depending on the nature of the request.
5. ACCEPTANCE OF BOOKING AND FINAL PAYMENTS
You will be issued with a confirmation invoice once your booking has been accepted. A contract will exist between you and Bhutan Curated Travels from the date you are issued with the confirmation invoice. If you book within 30 days of departure the contract will exist when Bhutan Curated Travels accepts your deposit. Payment of the balance of the total trip price is due 60 days prior to the departure date. If this balance is not paid on or before the due date your booking will be treated as cancelled.
6. YOUR DETAILS
You must provide all necessary details to enable Bhutan Curated Travels to make travel arrangements. This includes, and is not limited to, your full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we may also require you to complete and forward a Self-Assessment form. Your booking cannot be confirmed without provision of these details.
(i) Cancellation by Us: Bhutan Curated Travels reserves the right to cancel or modify any routes within the trip or objectives set out in the itinerary; or substitute different or equivalent routes within the trip in place of cancelled or modified routes; or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the trip) any such aspect of the trip if, in the absolute discretion of Bhutan Curated Travels is necessary to do so due to inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of Bhutan Curated Travels, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the trip or the aspect of the trip being undertaken in accordance with your booking or for any other reason considered necessary by Bhutan Curated Travels.
(ii) Bhutan Curated Travels also reserves, in its absolute discretion, the right to cancel any trip due to any government travel warning or advice, or any change in such warning or advice. In this event, you maybe entitled a refund less the non-refundable 20% deposit and other unrecoverable operational services costs. Travel insurance may also compensate you depending on the circumstances. Bhutan Curated Travels is not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights
(iii) Cancellation by the Traveller: If you cancel some or all portions of your booking and have not paid the trip balance, you will forfeit the 20% non-refundable deposit. If you cancel a trip and have paid the trip balance in full, any refund will be subjected to the following conditions:
- 60 days or more prior to departure – 20% deposit will be forfeited, 80% of trip balance will be refunded.
- between 31 and 59 days prior to departure, 20% deposit will be forfeited, 50% trip balance will be refunded.
- 30 days or less prior to departure – 20% deposit will be forfeited, 30% trip balance will be refunded.
- Within 14 days of departure – not eligible for refund.
(iv) If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made.
(v) Cancellation by the airline and other transport providers: In the event that an airlines’ proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the trip by Bhutan Curated Travels. Any flights or other transport forming part of the trip arrangements are subject to the conditions of the carrying airlines or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and convention.
(i) Any booking amendments relating to the trip itinerary must be made in writing at least 90 days prior to the proposed departure date. A amendment fee of $50 per person per trip will apply. If your amendment is received less than 60 days prior to the original departure date, additional change fees levied by hotels, restaurants, local tour operators etc. may apply. The fee does not include any increase in airline or operational amendments incurred by the change.
(ii) No amendments are permitted to your booking within 14 days of departure.
10. TRANSFERS OF SET DEPARTURE TOURS
(i) If you wish to transfer from one set departure tour to another, you must notify Bhutan Curated Travels by writing.
(ii) If your written notice is received 90 days prior to your original departure, a $50 transfer fee will apply, provided the trip is at a later date than your original departure. If the new trip is before your original departure date, a $120 transfer fee will apply. Any costs incurred in airfares or operational services as a result of the transfer will be payable by you.
(iii) If your transfer from one trip to another within a 30 calendar day period of the original trip departure, a change fee of $120, plus any differences in trip costs, airlines and operational services costs will apply.
11. PRICES & SURCHARGES
(i) Our trip prices are subject to variable and seasonal pricing, both of which are standard practicewithin the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip may have been charged different prices. The trip price is locked once you have received a quote, provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, cancellation fees per condition 7(iii) will apply.
(ii) Our prices are based on currency exchange rates and are adjusted quarterly. Bhutan Curated Travels reserve the right to impose surcharges up to 90 days before departure in case of unfavourable changes in exchange rates, other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the total trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund, less the deposit as set out in condition 4 (deposit). We will not charge surcharge any booking for travel within 30 days of the trip departure date once paid in full.
(iii) Please note that a levy of up to 2.5% may be applied to all purchases made by credit card.
12. PRICE INCLUSIONS
The price of your trip includes:
- all accommodation listed on the website, or as agreed with your travel consultant
- all transportation listed on the website, or as agreed with your travel consultant
- all equipment listed on the website, or as agreed with your travel consltant
- all sightseeing and meals as listed on the website, or as agreed with your travel consultant
- the services of a professional guide and driver as described on the website, or as agreed with your travel consultant
- pick-up and drop-up service at an agreed International Airport
- other services as agree with your travel consultant
13. PRICE EXCLUSIONS
The price of your trip does not include:
- international or internal flights unless specified
- Visa and passport fees
- travel insurance
- Optional activities and all personal expenses
14. MEDICAL DISCLOSURE
(i) You declare and warrant that:
- You are in good health and mental and physical fitness at the time of you booking this trip;
- You have disclosed to Bhutan Curated Travels every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to Bhutan Curated Travels’ decision to permit you to go on the trip;
- Immediately upon any adverse change in your health or fitness that may be likely to affect Bhutan Curated Travels’ decision to permit you to go on the trip, you will notify Bhutan Curated Travels in writing of any such adverse change;
- Bhutan Curated Travels is permitted to disclose medical information to a qualified professional medical person, who may exclude you from a trip if he/she deems it necessary. You acknowledge that the obligation to disclosure under this condition continues from the time of the booking the trip through to departure and extends for the duration of the trip.
(ii) If you fail to comply with the duty of disclosure in this condition and if Bhutan Curated Travels would not have permitted you to undertake the trip, or continue participation of the trip, had you made full disclosure under this condition, Bhutan Curated Travels will not be liable for any personal injury, death or property damage or loss incurred by you.
(iii) Minimum Age Policy: All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18 day to day’s care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
15. PROFESSIONAL GUIDES
(i) In this condition, ‘professional guides’ includes both the nominated professional trip guide and/or any other nominated person given at any time the task of leading or supervising any aspect of the trip.
(ii) Bhutan Curated Travels’ nominated professional guides take their responsibilities seriously and if for any reason a professional guide believes, in his or her absolute discretion, that you should not participate in the trip, before you departure, even if you pass your medical, he/she may exclude you from the trip. In this event, subject to condition 14 (medical disclosure) you will be offered the option of taking another activity or trip suitable for you or a full refund.
(iii) If for any reason during a trip the professional guide considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated professional guide, your behavior is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he or she may direct you not to continue and you must follow the professional guide’s instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances.
(iv) Bhutan Curated Travels reserves the right to change, at any time, the professional guide of any trip. If that happens, Bhutan Curated Travels will ensure that the alternative professional guide has the appropriate or commensurate expertise with that of the professional guide. Any such change made by Bhutan Curated Travels will not give any rise to any rights on your part to cancel the trip or claim any expenses, loss or damage which may be suffered.
16. PASSPORT AND VISAS
You must carry a valid passport which must be valid for 6 months beyond the duration of the trip. You must provide Bhutan Curated Travels with a copy of your passport details page at least 30 days prior to departure, without which the necessary entry/exit visa and permits can not be obtained. Bhutan Curated Travels is not responsible if you are refused entry to a country due to a lack the correct passport, visa or other travel documentation.
17. TRAVEL INSURANCE
Travel insurance is compulsory for all Bhutan Curated Travels travellers. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories 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 30 days before your trip departure or you will not be able to commence the trip.
18. ITINERARY CHANGES
(i) While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. The itinerary provided for each trip is representative of the types of activities contemplated, You acknowledge that at times the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to natural, local circumstances or events.
(ii) Before departure: If a major change to the itinerary is made by us, you will be as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary, or unexpected flight schedule changes. When a major change is made you may choose between accepting the change, obtaining a refund of money subject to conditions set out in 7(iii), or accepting an alternative trip offer.
(iii) After departure: We reserve the right to change an itinerary after departure due to natural, local circumstances or events outside of our control. In such emergency circumstances we will endeavour to minimise any disruption to the existing itinerary. Bhutan Curated Travels is not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
19. AUTHORITY DURING YOUR TRIP
During your trip, our professional guide is final on all matters likely to affect the safety or well-being of any person participating in the trip. Bhutan Curated Travels is not liable for any injuries or such consequences incurred by your failure to comply, or choice to not comply with a decision made by the professional guide. If you interfere with the well-being or mobility of the group, the professional guide may direct you to leave the trip, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of the destination country, and you also agree to travel in accordance with our responsible travel guidelines.
20. OPTIONAL ACTIVITIES
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 professional guide or local representative in arranging optional activities does not render Bhutan Curated Travels liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
21. PHOTOS AND MARKETING
You consent to Bhutan Curated Travels 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.
Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip. Outside of these, Bhutan Curated Travels will not share your personal information with any other third parties.
Your professional guide or our local representative is your first point of call regarding any complaints about your trip so that hey can attempt to rectify the matter. If you are not satisfied through these means, you may address any further complaints in in writing to Bhutan Curated Travels within 30 days of the end of the trip.
24. FORCE MAJURE
If Bhutan Curated Travels is prevented (directly or indirectly) from performing any of its obligations under this contract by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Bhutan Curated Travels reasonable control, Bhutan Curated Travels will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the trip or take any other action as specified in conditions 7 and 18(iii).
25. ACCEPTANCE OF RISK
You acknowledge that the nature of trip participation involves a degree of personal risk due to political, cultural and geographical attributes and physical challenges that are different to those present in our daily lives. We use information from government foreign departments and reports from our own contacts to assess the viability of individual itineraries. However, it is also your responsibility to acquaint yourself with all possible relevant travel and health 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 are aware of the personal risks attendant upon such travel.
26. RELEASE AND WAIVER OF LIABILITY
(i) 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.
(ii) To the fullest extent permitted by law:
- You release, waive, discharge, hold harmless any liability for any loss, death, injury, loss profits, loss of service, consequential, exemplary, indirect or punitive damages or any other 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 Terms and Conditions.
- You release Bhutan Curated Travels and its associated officers, employees, professional guides, agents and representatives, and the land management authorities in the countries in which the trip is conducted 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.
(iii) To the extent permitted by law, sections 60 and 61 of the Competition and Consumer Act 2010 (Cth) do not apply to this contract and are excluded. If sections 60 and 61 of the Competition and Consumer Act (Cth) do apply, Bhutan Curated Travels’ liability is limited to resupplying the services or paying the costs of resupplying the services, whichever is the lesser.
A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party. If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions; however, the remainder of the conditions are not altered.
29. APPLICABLE LAW & JURISDICTION
(i) WARNING UNDER THE FAIR TRADING ACT 1999 | Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier names on this form is required to ensure that the recreational services it supplies to you –
- Rendered with due care and skill; and
- Are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- Might reasonably be expected to achieve any result you have made known to the supplier.
(ii) Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. By signing this, you agree that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the service provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this Booking Terms and Conditions form.
(iii) NOTE: The changes to your rights, as set out herein, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
(iv) This agreement and the rights and obligations of the parties will be constructed and take effect in accordance with and be governed by the laws of NSW in case the booking is made in Australia.
30. UPDATING OF TERMS AND CONDITIONS
Bhutan Curated Travels reserve the right to update and/or alter these terms and conditions at anytime. The latest terms and conditions can always be found on our website http://www.bhutancuratedtravels.com/and will supersede any previous versions.