Terms and Conditions
Tourica Tours Pty Ltd ACN 624 043 983
1. Reservation & Payments
All payments are charged in Australian Dollars and are quoted on a per person twin share basis. You must complete our online booking form to provisionally reserve your tour place, upon receipt of your deposit as indicated on your invoice your place on the trip is confirmed.
The deposit and final payment dates are set out on your individual invoice. Your place on the tour is not confirmed until Tourica Tours Pty Ltd are in receipt of your deposit. Final payments are due no later than the date set out on your invoice, failure to pay your balance in full results in the cancellation of your place in the tour. All payments & refunds are processed in Australian dollars, any refund processed will be in the AUD amount originally charged.
2. Fees & Charges
All fully inclusive prices indicated in the Tour are based on group travel and any deviation from the set itinerary may incur additional costs. Arrangements such as transfers, accommodation, flights etc. outside the set Tour arrangements/dates are at an additional cost and are subject to any third parties’ terms and conditions. Prices are subject to change without notice due to currency exchange fluctuations and other unforeseeable circumstances.
Credit card surcharges will apply when paying by credit card. We accept all credit cards and relevant credit card fee is applied when processing.
Mastercard – 1.3% Visa – 1.5% American Express – 1.8% International Credit Cards – 3%
Processing Fee (credit card fee) charged directly by TravelPay is not refundable under any circumstances, including on refunds.
3. Amendment & Booking Fees
If you vary your booking, tour departure date or name transfers (where permitted), an additional fee of up to $50 may be charged. Re-issuance of airline tickets will incur additional fees from $150 per person and other fees may apply. Once a booking is confirmed, name transfers are only permitted within 60 days of receipt of your first deposit with the exception of any flight booking or other non-transferable tour segment which is subject to the terms and conditions of each applicable third party supplier.
4. Cancellation Policy
Personal travel insurance is compulsory on all of our tours so that you are not only covered whilst on tour but you also have coverage for pre tour cancellation costs subject to your individual policy.
If you voluntarily cancel your tour place prior to your departure date, the following conditions apply.
Tour deposits as per your invoice date = Non-refundable
Final tour payment as per your invoice date, generally 90 days from departure = Non-refundable. If you wish to withdraw from a tour after the first date on which a payment you have made is non-refundable, Tourica Tours Pty Ltd is not obliged to refund that payment and is entitled to such payment as a reasonable cancellation fee. This applies where you withdraw from the tour before it commences, where you fail to join the tour, or you withdraw from the tour after joining it.
Covid-19 – With the rapidly changing travel climate caused by Covid-19, any affected tour will not be cancelled but will be postponed to a new departure date, all tour participants will be offered a free transfer to the postponed date or a future travel credit.
You may also be liable to pay cancellation fees to airlines and other third parties.
Tour deposits are non-refundable and travel insurance is compulsory on all of our tours.
Tourica Tours Pty Ltd is entitled to cancel or reschedule a tour due to any circumstance beyond our control. Any rescheduled tour, should you choose to voluntarily cancel will be subject to a cancellation fee which varies between individiual tours. Please consult with Tourica prior to your booking confirmation for more details. You should not book any other tour arrangements outside of the main group tour until your departure has been deemed a guaranteed departure.
.
Tourica Tours Pty Ltd also reserves the right to postpone a tour due to a force majeure or any circumstances outside its reasonable control, not limited to, war, riots, civil strife, terrorist activities, industrial disputes, natural or human caused disasters, adverse weather conditions or pandemics. In these circumstances you will be offered the option of transferring to the postponed tour date/s, transfer to an alternate tour within 12 months of your original departure subject to availability or a 12 month travel credit with Tourica Tours from your original departure date to the value of your group tour booking to be used on any Tourica Tours product.
5. Refusal of Carriage
Tourica Tours Pty Ltd reserves the right to remove customers from any group for reasons that impact on the safety of other tour members, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the Tour or the carriage of prohibited substances and materials. As such removal is as a result of your conduct, you are not entitled to any refund or credit for the tour or activity you have contracted for under these terms and conditions or any third-party supplier terms and conditions.
6. Travel Documents
All travellers require valid passports with at least 6 months validity from the date of return to Australia. Some countries may require longer. In some instances, it is necessary to have completely blank pages in your passport to allow for entry visas. Travelers are also responsible for necessary visas and health certificates and must meet all costs incurred to comply with these requirements. Tourica Tours Pty Ltd will assist in providing you with information required regarding visas for relevant countries, as part of your booking. However, this information as well as other related information as supplied by Tourica Tours Pty Ltd is supplied in good faith and should be treated as a guide only. The final responsibility for ensuring documentation is correct is your responsibility. Visa costs are not included in the advertised Tour price unless otherwise explicitly stated. Tourica Tours Pty Ltd does not issue foreign visas. In the event that you are traveling to a country or countries which do not require a visa, you must tell us if you have been arrested or convicted in respect of any offence or breach of law. Failure to disclose such information may lead to you being refused entry upon arrival in certain countries. In that event, we take no responsibility. If you do not wish to disclose such personal information to us, then you must contact the embassy of each country of destination and make your own arrangements in regard to entry to that country. Tourica Tours Pty Ltd cannot guarantee that any visa will be issued by the relevant authority and accepts no responsibility if a visa application is refused or delayed resulting in you not having your visa and passport returned to you in time for travel. To be clear, if you are unable to join a Tour or have to leave a Tour prematurely as a result of any visa or passport issues, you are not entitled to any refund or payment and you remain fully responsible for paying all amounts for the Tour or activity you have contracted for under these Terms and Conditions.
7. Travel Insurance
Travel insurance is compulsory on all of our tours. Your insurance should provide cover against personal accident and sickness, medical expenses, emergency repatriation, personal liability and third-party insolvency protection. Your policy must cover cancellations for any circumstances beyond Tourica Tours control, curtailment, loss of luggage and personal effects. Tourica Tours Pty Ltd cannot be held responsible where travel insurance has not been obtained or for insufficient cover for any loss(es) outside of Tourica Tours control.
8. Medical Information
It is a condition of booking with Tourica Tours Pty Ltd that clients possess physical and mental fitness well enough to travel on the Tour you are booking onto. You are required to familiarise yourselves with any health requirements specific to the countries being visited if heading overseas with Tourica Tours Pty Ltd. Customers with a pre-existing medical condition that affects their fitness to travel, or any medical/dietary requirements must disclose such conditions or requirements to Tourica Tours Pty Ltd when booking their Tour and may be required to provide written confirmation from their doctor that they are fit to travel when requested. It is the client’s sole responsibility to ensure that they have had all necessary inoculations, immunisations required prior to departure. All customers should visit their doctor to confirm that they are physically able to undertake the day-to-day requirements of the Tour prior to booking. Should any ailments either exist at the time of booking, or arise before their departure, the customer must inform Tourica Tours Pty Ltd of these in writing. No liability shall attach to Tourica Tours Pty Ltd for the provision of an unsuitable holiday for persons unfit for travel where disclosure of related physical or medical conditions have not been made directly with the Organiser.
Tourica Tours Pty Ltd reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour leader determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others
The condition of medical facilities in the countries you may visit on your tour varies and Tourica Tours Pty Ltd makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
9. Statement of Responsibilities
You appreciate and acknowledge that the nature of this type of travel requires a degree of flexibility, The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the trip’s routes, schedules, accommodation and modes of transport are subject to change without prior notice due to local circumstances or events. Should Tourica Tours Pty Ltd deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside Tourica Tours Pty Ltd control.
Tourica Tours Pty Ltd only serves as a sales agent for the applicable air carriers, hotels, lodges & local ground transport suppliers, their independent terms and conditions govern the purchase, use and cancellation of the applicable portion of travel. Tourica Tours Pty Ltd is not responsible or liable for changes in air itineraries, flight times, and can only provide general advice or alerts regarding air travel tickets, flight status or delays.
While traveling with Tourica Tours Pty Ltd you agree to accept the authority of the leader at all times. The decision of the Tour leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that Tourica Tours Pty Ltd reserves the right to decline, accept or retain any person as a member of the group at any time. You acknowledge that Tourica Tours Pty Ltd contracts with a network of companies, government agencies and individuals to assist in the running of its tours. To the best of Tourica Tours Pty Ltd knowledge, these third parties are qualified to perform the duties they are contracted to perform. Tourica Tours Pty Ltd will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviour of these third parties.
You agree to sign any waivers required whilst on tour for participating in any activity that is conducted by our third-party suppliers.
10. Force Majeure
Tourica Tours Pty Ltd obligation to perform under these Terms and Conditions and to provide any service to you shall be suspended to the extent that such performance is affected, directly or indirectly, by any event or circumstance the origin or effect of which is beyond Tourica Tours Pty Ltd reasonable control. For example, Tourica Tours Pty Ltd is not obliged to perform under these Terms and Conditions to the extent such performance is affected by, directly or indirectly, by war, riots, civil strife, terrorist activities, industrial disputes, strikes, natural/nuclear disasters, adverse weather conditions, wind, hail, flood, fire.
11. Accuracy of Information and limitation of liability
Tourica Tours Pty Ltd acts as agent for and on behalf of its third-party service providers, which includes and is not limited to those providers responsible for providing flights, accommodation, car transport, catering and optional activities. Any claims in relation to the services supplied by any third-party service provider should be made in accordance with the terms and conditions of that provider.
Tourica Tours Pty Ltd does not warrant: (a) the accuracy, completeness, or fitness for a particular purpose of any services provided by any third-party service provider; and (b) any third-party service provider or endorse or recommend them. Tourica Tours Pty Ltd and its third-party service providers take reasonable care that the travel information provided is correct but it is subject to change at any time without notice.
You acknowledge that: (a) you should make your own evaluation of the accuracy or completeness of any information or booking details provided or advice provided; (b) you are solely responsible for the suitability of any travel arrangements and/or bookings made; (d) the role of Tourica Tours Pty Ltd in relation to your travel arrangements is limited to facilitating your booking, arranging travel documentation, payments and refunds as applicable; and (e) you are solely responsible to supply all passenger names exactly as they are on passports, correct spelling and match the details as provided on any ticket information, and any subsequent reissue of tickets and/or documentation as a result of incorrect names will be at your sole expense, subject to the change of name being permitted; (f) you and any companion you are booking on behalf of are physically and mentally capable of undertaking the activity without any risk to your safety and the safety of others in the group; (g) any condition or warranty which would otherwise be implied by law into these Terms and Conditions, is excluded.
Tourica Tours Pty Ltd, its employees, agents, representatives and other Tour participants are, to the fullest extent permitted by the law, not liable for and accepts no responsibility for any: (a) third party service provider; (b) inconvenience caused or expense incurred as a result of any unsuitability of travel or bookings made; (c) technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by Tourica Tours Pty Ltd to complete your travel booking where that failure is due to circumstances beyond its control; (d) tickets lost by a third party or any charges associated with reissue and resending of documentation; (e) cancellation fees or other expenses incurred by the Customer due to the refusal of a visa, which will be entirely the Customer’s liability; (f) failure or delay on the part of any third party service provider providing travel services to you where your travel booking has been properly processed by it; (g) the ability for a Customer to make a claim under their travel insurance; (h) travel bookings made for countries where a Government Advisory or any other warning made by the Australian Government (as published on the Department of Foreign Affairs website at www.dfat.gov.au); (i) any acts or omissions of airlines or other third party service providers in the course of delivery of your travel booking. Where Tourica Tours Pty Ltd is liable, its liability will be limited to providing the relevant travel services (as booked and paid for with Tourica Tours Pty Ltd) again or to refunding the money paid in relation to the services not provided because of Tourica Tours Pty Ltd failure to provide the services. Where refunds are to be obtained from third party service providers, any such refund will be subject to those terms and conditions. Tourica Tours Pty Ltd will provide reasonable assistance to you in claiming such refunds from those third-party service providers; (k) any return of funds to the customer from Tourica Tours Pty Ltd where a third party service provider has become insolvent; (m) any indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the services Tourica Tours Pty Ltd provides; (n) any loss or damage you or anyone else suffers arising out of or relating to your conduct; and (o) any bodily injury, death, emotional distress, disappointment and/or any other damages arising out of or relating to the services Tourica Tours Pty Ltd provides, except to the extent that such liability may not be excluded under applicable law.
You understand that the purpose of acknowledging this document is to exempt and release Tourica Tours Pty Ltd, its employees, agents and representatives and participants hereinafter as referred to as “released parties” and to hold these entities harmless from any and all loss, damage or liabilities they may suffer arising as a consequence of being a part of Tourica Tours Pty Ltd activities.
In all cases, to the fullest extent permitted by the law, the aggregate liability of Tourica Tours Pty Ltd to you is limited to the amounts you have paid to Tourica Tours Pty Ltd for the Tour or activity in respect of which you have suffered any loss or damage less any costs which Tourica Tours Pty Ltd has paid to third parties or incurred in providing such Tour or activity to you (for example, airfares).
You agree to indemnify Tourica Tours Pty Ltd, our affiliates and their respective officers, directors, employees, agents and representatives immediately on demand, against all claims, liabilities, damages, costs and expenses including legal fees (on a full indemnity basis) arising out of any breach of these Terms and Conditions by you or any of your negligent acts or omissions during a Tour or any activity during a Tour.
This liability clause is subject to, and nothing in these terms and conditions is intended to limit, any rights you may have under the Competition and Consumer Act 2010 (Cth).
12. Department of Foreign Affairs and Trade Warnings
For reasons of political unrest, acts of war or terrorism or natural disasters or any other circumstance in certain parts of the world the relative governments in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to not to travel to that country or a range of other warnings. If any such Government Advisory warning or any other form of warning issued, while travel to these countries is not advisable (and Tourica Tours Pty Ltd recommends that you review and seek advice in respect of any travel insurance), we appreciate that some customers may still need to travel to these countries. While Tourica Tours Pty Ltd is prepared to consider the circumstances and may decide to make travel bookings, it does so without responsibility or liability. We recommend that all travellers register their personal details in accordance with their home consulate. In the event that an accident, disaster or emergency is reported to have occurred in a country where you may be traveling, you authorise Tourica Tours Pty Ltd to disclose your personal details and travel booking information to your Government, Department of Foreign Affairs and Trade (or similar government department) or any other relevant agency whether in Australia or overseas.
13. Optional Activities
Optional Activities refer to any activity, transportation, meal, product or service not expressly included in the Tour itinerary, price or planned aspect of the Tour. Any assistance provided by the Tour leader in arranging, selecting, or booking Optional Activities is purely at your personal request, and the Tour leader disclaims all liability arising from the participation in Optional Activities or any information provided by the Tour leader regarding any Optional Activities. You acknowledge and agree that any liability for damage, loss, death, personal injury, illness and emotional distress associated with Optional Activities is the sole responsibility of the third party providing that service or activity.
14. Personal Images, photography and videography
You, and any traveling companions you are booking on behalf of:
(a) consent to the collection, disclosure and use of personal images by Tourica Tours Pty Ltd and any agent taking photos or video recording (Images) and acknowledge that these may be used for marketing purposes by Tourica Tours Pty Ltd for distribution via print, online (including but not limited to any social media) and video-based marketing materials, as well as other publications (from time to time);
(b) release and hold harmless Tourica Tours Pty Ltd from any reasonable expectation of privacy or confidentiality associated with the Images specified above.
(c) acknowledge that your participation is voluntary and that you (nor any of your passengers) will not receive any financial compensation of any type associated with the taking or publication of these Images or participation in any marketing materials by Tourica Tours Pty Ltd; and
(d) acknowledge and agree that publication of any Images confers no rights of ownership or royalties whatsoever.
(e) will not release public images of other children aged under 18 attending our events without express parental consent.
(f) will not capture any images or videos of any of our artists/musicians without express prior consent
(g) will not release public images or videos of any of our artists/musicians without express prior consent
15. Collection of information and privacy
Unless otherwise prevented by law, you consent to the collection, use, storage and disclosure of any personal information provided for the following purposes and any other related purposes or as agreed between Tourica Tours Pty Ltd and you from time to time:
(a) to manage our business relationship with you;
(b) to administer and manage our services and systems;
(c) to enter into all necessary bookings and/or arrangements with third parties, to ensure your travel;
(d) to arrange for foreign visas, as required on your behalf;
(e) to communicate with local and foreign governments, on your behalf;
(f) to enforce our legal rights;
(g) to enter into any other associated contracts with you and/or third parties, as required; and
(h) to market to and maintain a client relationship with you.
16. Severability
In the event that any term, warranty or condition contained in these Terms and Conditions is unenforceable or void by operation of law or against public policy or for any other reason than such term, warranty 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.
17. Governing Law
These Terms and Conditions are governed by the laws of the state of Victoria and any legal action arising therefrom shall be litigated only in the appropriate court in that state.
18. Miscellaneous
Tourica Tours Pty Ltd reserves the right to change, amend or delete any of these Terms and Conditions, or policies contained therein. These policies are only altered due to external circumstances beyond our control. Customers and travellers are responsible for periodically checking our website to update themselves on the latest terms and conditions.
Tourica Tours Pty Ltd ACN 624 043 983
1. Reservation & Payments
All payments are charged in Australian Dollars and are quoted on a per person twin share basis. You must complete our online booking form to provisionally reserve your tour place, upon receipt of your deposit as indicated on your invoice your place on the trip is confirmed.
The deposit and final payment dates are set out on your individual invoice. Your place on the tour is not confirmed until Tourica Tours Pty Ltd are in receipt of your deposit. Final payments are due no later than the date set out on your invoice, failure to pay your balance in full results in the cancellation of your place in the tour. All payments & refunds are processed in Australian dollars, any refund processed will be in the AUD amount originally charged.
2. Fees & Charges
All fully inclusive prices indicated in the Tour are based on group travel and any deviation from the set itinerary may incur additional costs. Arrangements such as transfers, accommodation, flights etc. outside the set Tour arrangements/dates are at an additional cost and are subject to any third parties’ terms and conditions. Prices are subject to change without notice due to currency exchange fluctuations and other unforeseeable circumstances.
Credit card surcharges will apply when paying by credit card. We accept all credit cards and relevant credit card fee is applied when processing.
Mastercard – 1.3% Visa – 1.5% American Express – 1.8% International Credit Cards – 3%
Processing Fee (credit card fee) charged directly by TravelPay is not refundable under any circumstances, including on refunds.
3. Amendment & Booking Fees
If you vary your booking, tour departure date or name transfers (where permitted), an additional fee of up to $50 may be charged. Re-issuance of airline tickets will incur additional fees from $150 per person and other fees may apply. Once a booking is confirmed, name transfers are only permitted within 60 days of receipt of your first deposit with the exception of any flight booking or other non-transferable tour segment which is subject to the terms and conditions of each applicable third party supplier.
4. Cancellation Policy
Personal travel insurance is compulsory on all of our tours so that you are not only covered whilst on tour but you also have coverage for pre tour cancellation costs subject to your individual policy.
If you voluntarily cancel your tour place prior to your departure date, the following conditions apply.
Tour deposits as per your invoice date = Non-refundable
Final tour payment as per your invoice date, generally 90 days from departure = Non-refundable. If you wish to withdraw from a tour after the first date on which a payment you have made is non-refundable, Tourica Tours Pty Ltd is not obliged to refund that payment and is entitled to such payment as a reasonable cancellation fee. This applies where you withdraw from the tour before it commences, where you fail to join the tour, or you withdraw from the tour after joining it.
Covid-19 – With the rapidly changing travel climate caused by Covid-19, any affected tour will not be cancelled but will be postponed to a new departure date, all tour participants will be offered a free transfer to the postponed date or a future travel credit.
You may also be liable to pay cancellation fees to airlines and other third parties.
Tour deposits are non-refundable and travel insurance is compulsory on all of our tours.
Tourica Tours Pty Ltd is entitled to cancel or reschedule a tour due to any circumstance beyond our control. Any rescheduled tour, should you choose to voluntarily cancel will be subject to a cancellation fee which varies between individiual tours. Please consult with Tourica prior to your booking confirmation for more details. You should not book any other tour arrangements outside of the main group tour until your departure has been deemed a guaranteed departure.
.
Tourica Tours Pty Ltd also reserves the right to postpone a tour due to a force majeure or any circumstances outside its reasonable control, not limited to, war, riots, civil strife, terrorist activities, industrial disputes, natural or human caused disasters, adverse weather conditions or pandemics. In these circumstances you will be offered the option of transferring to the postponed tour date/s, transfer to an alternate tour within 12 months of your original departure subject to availability or a 12 month travel credit with Tourica Tours from your original departure date to the value of your group tour booking to be used on any Tourica Tours product.
5. Refusal of Carriage
Tourica Tours Pty Ltd reserves the right to remove customers from any group for reasons that impact on the safety of other tour members, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the Tour or the carriage of prohibited substances and materials. As such removal is as a result of your conduct, you are not entitled to any refund or credit for the tour or activity you have contracted for under these terms and conditions or any third-party supplier terms and conditions.
6. Travel Documents
All travellers require valid passports with at least 6 months validity from the date of return to Australia. Some countries may require longer. In some instances, it is necessary to have completely blank pages in your passport to allow for entry visas. Travelers are also responsible for necessary visas and health certificates and must meet all costs incurred to comply with these requirements. Tourica Tours Pty Ltd will assist in providing you with information required regarding visas for relevant countries, as part of your booking. However, this information as well as other related information as supplied by Tourica Tours Pty Ltd is supplied in good faith and should be treated as a guide only. The final responsibility for ensuring documentation is correct is your responsibility. Visa costs are not included in the advertised Tour price unless otherwise explicitly stated. Tourica Tours Pty Ltd does not issue foreign visas. In the event that you are traveling to a country or countries which do not require a visa, you must tell us if you have been arrested or convicted in respect of any offence or breach of law. Failure to disclose such information may lead to you being refused entry upon arrival in certain countries. In that event, we take no responsibility. If you do not wish to disclose such personal information to us, then you must contact the embassy of each country of destination and make your own arrangements in regard to entry to that country. Tourica Tours Pty Ltd cannot guarantee that any visa will be issued by the relevant authority and accepts no responsibility if a visa application is refused or delayed resulting in you not having your visa and passport returned to you in time for travel. To be clear, if you are unable to join a Tour or have to leave a Tour prematurely as a result of any visa or passport issues, you are not entitled to any refund or payment and you remain fully responsible for paying all amounts for the Tour or activity you have contracted for under these Terms and Conditions.
7. Travel Insurance
Travel insurance is compulsory on all of our tours. Your insurance should provide cover against personal accident and sickness, medical expenses, emergency repatriation, personal liability and third-party insolvency protection. Your policy must cover cancellations for any circumstances beyond Tourica Tours control, curtailment, loss of luggage and personal effects. Tourica Tours Pty Ltd cannot be held responsible where travel insurance has not been obtained or for insufficient cover for any loss(es) outside of Tourica Tours control.
8. Medical Information
It is a condition of booking with Tourica Tours Pty Ltd that clients possess physical and mental fitness well enough to travel on the Tour you are booking onto. You are required to familiarise yourselves with any health requirements specific to the countries being visited if heading overseas with Tourica Tours Pty Ltd. Customers with a pre-existing medical condition that affects their fitness to travel, or any medical/dietary requirements must disclose such conditions or requirements to Tourica Tours Pty Ltd when booking their Tour and may be required to provide written confirmation from their doctor that they are fit to travel when requested. It is the client’s sole responsibility to ensure that they have had all necessary inoculations, immunisations required prior to departure. All customers should visit their doctor to confirm that they are physically able to undertake the day-to-day requirements of the Tour prior to booking. Should any ailments either exist at the time of booking, or arise before their departure, the customer must inform Tourica Tours Pty Ltd of these in writing. No liability shall attach to Tourica Tours Pty Ltd for the provision of an unsuitable holiday for persons unfit for travel where disclosure of related physical or medical conditions have not been made directly with the Organiser.
Tourica Tours Pty Ltd reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour leader determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others
The condition of medical facilities in the countries you may visit on your tour varies and Tourica Tours Pty Ltd makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
9. Statement of Responsibilities
You appreciate and acknowledge that the nature of this type of travel requires a degree of flexibility, The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the trip’s routes, schedules, accommodation and modes of transport are subject to change without prior notice due to local circumstances or events. Should Tourica Tours Pty Ltd deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside Tourica Tours Pty Ltd control.
Tourica Tours Pty Ltd only serves as a sales agent for the applicable air carriers, hotels, lodges & local ground transport suppliers, their independent terms and conditions govern the purchase, use and cancellation of the applicable portion of travel. Tourica Tours Pty Ltd is not responsible or liable for changes in air itineraries, flight times, and can only provide general advice or alerts regarding air travel tickets, flight status or delays.
While traveling with Tourica Tours Pty Ltd you agree to accept the authority of the leader at all times. The decision of the Tour leader is final on all matters likely to affect the safety or well-being of any person participating in the trip. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that Tourica Tours Pty Ltd reserves the right to decline, accept or retain any person as a member of the group at any time. You acknowledge that Tourica Tours Pty Ltd contracts with a network of companies, government agencies and individuals to assist in the running of its tours. To the best of Tourica Tours Pty Ltd knowledge, these third parties are qualified to perform the duties they are contracted to perform. Tourica Tours Pty Ltd will not be held liable for any injury, damage, loss, delay or irregularity that may occur due to the behaviour of these third parties.
You agree to sign any waivers required whilst on tour for participating in any activity that is conducted by our third-party suppliers.
10. Force Majeure
Tourica Tours Pty Ltd obligation to perform under these Terms and Conditions and to provide any service to you shall be suspended to the extent that such performance is affected, directly or indirectly, by any event or circumstance the origin or effect of which is beyond Tourica Tours Pty Ltd reasonable control. For example, Tourica Tours Pty Ltd is not obliged to perform under these Terms and Conditions to the extent such performance is affected by, directly or indirectly, by war, riots, civil strife, terrorist activities, industrial disputes, strikes, natural/nuclear disasters, adverse weather conditions, wind, hail, flood, fire.
11. Accuracy of Information and limitation of liability
Tourica Tours Pty Ltd acts as agent for and on behalf of its third-party service providers, which includes and is not limited to those providers responsible for providing flights, accommodation, car transport, catering and optional activities. Any claims in relation to the services supplied by any third-party service provider should be made in accordance with the terms and conditions of that provider.
Tourica Tours Pty Ltd does not warrant: (a) the accuracy, completeness, or fitness for a particular purpose of any services provided by any third-party service provider; and (b) any third-party service provider or endorse or recommend them. Tourica Tours Pty Ltd and its third-party service providers take reasonable care that the travel information provided is correct but it is subject to change at any time without notice.
You acknowledge that: (a) you should make your own evaluation of the accuracy or completeness of any information or booking details provided or advice provided; (b) you are solely responsible for the suitability of any travel arrangements and/or bookings made; (d) the role of Tourica Tours Pty Ltd in relation to your travel arrangements is limited to facilitating your booking, arranging travel documentation, payments and refunds as applicable; and (e) you are solely responsible to supply all passenger names exactly as they are on passports, correct spelling and match the details as provided on any ticket information, and any subsequent reissue of tickets and/or documentation as a result of incorrect names will be at your sole expense, subject to the change of name being permitted; (f) you and any companion you are booking on behalf of are physically and mentally capable of undertaking the activity without any risk to your safety and the safety of others in the group; (g) any condition or warranty which would otherwise be implied by law into these Terms and Conditions, is excluded.
Tourica Tours Pty Ltd, its employees, agents, representatives and other Tour participants are, to the fullest extent permitted by the law, not liable for and accepts no responsibility for any: (a) third party service provider; (b) inconvenience caused or expense incurred as a result of any unsuitability of travel or bookings made; (c) technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by Tourica Tours Pty Ltd to complete your travel booking where that failure is due to circumstances beyond its control; (d) tickets lost by a third party or any charges associated with reissue and resending of documentation; (e) cancellation fees or other expenses incurred by the Customer due to the refusal of a visa, which will be entirely the Customer’s liability; (f) failure or delay on the part of any third party service provider providing travel services to you where your travel booking has been properly processed by it; (g) the ability for a Customer to make a claim under their travel insurance; (h) travel bookings made for countries where a Government Advisory or any other warning made by the Australian Government (as published on the Department of Foreign Affairs website at www.dfat.gov.au); (i) any acts or omissions of airlines or other third party service providers in the course of delivery of your travel booking. Where Tourica Tours Pty Ltd is liable, its liability will be limited to providing the relevant travel services (as booked and paid for with Tourica Tours Pty Ltd) again or to refunding the money paid in relation to the services not provided because of Tourica Tours Pty Ltd failure to provide the services. Where refunds are to be obtained from third party service providers, any such refund will be subject to those terms and conditions. Tourica Tours Pty Ltd will provide reasonable assistance to you in claiming such refunds from those third-party service providers; (k) any return of funds to the customer from Tourica Tours Pty Ltd where a third party service provider has become insolvent; (m) any indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the services Tourica Tours Pty Ltd provides; (n) any loss or damage you or anyone else suffers arising out of or relating to your conduct; and (o) any bodily injury, death, emotional distress, disappointment and/or any other damages arising out of or relating to the services Tourica Tours Pty Ltd provides, except to the extent that such liability may not be excluded under applicable law.
You understand that the purpose of acknowledging this document is to exempt and release Tourica Tours Pty Ltd, its employees, agents and representatives and participants hereinafter as referred to as “released parties” and to hold these entities harmless from any and all loss, damage or liabilities they may suffer arising as a consequence of being a part of Tourica Tours Pty Ltd activities.
In all cases, to the fullest extent permitted by the law, the aggregate liability of Tourica Tours Pty Ltd to you is limited to the amounts you have paid to Tourica Tours Pty Ltd for the Tour or activity in respect of which you have suffered any loss or damage less any costs which Tourica Tours Pty Ltd has paid to third parties or incurred in providing such Tour or activity to you (for example, airfares).
You agree to indemnify Tourica Tours Pty Ltd, our affiliates and their respective officers, directors, employees, agents and representatives immediately on demand, against all claims, liabilities, damages, costs and expenses including legal fees (on a full indemnity basis) arising out of any breach of these Terms and Conditions by you or any of your negligent acts or omissions during a Tour or any activity during a Tour.
This liability clause is subject to, and nothing in these terms and conditions is intended to limit, any rights you may have under the Competition and Consumer Act 2010 (Cth).
12. Department of Foreign Affairs and Trade Warnings
For reasons of political unrest, acts of war or terrorism or natural disasters or any other circumstance in certain parts of the world the relative governments in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to not to travel to that country or a range of other warnings. If any such Government Advisory warning or any other form of warning issued, while travel to these countries is not advisable (and Tourica Tours Pty Ltd recommends that you review and seek advice in respect of any travel insurance), we appreciate that some customers may still need to travel to these countries. While Tourica Tours Pty Ltd is prepared to consider the circumstances and may decide to make travel bookings, it does so without responsibility or liability. We recommend that all travellers register their personal details in accordance with their home consulate. In the event that an accident, disaster or emergency is reported to have occurred in a country where you may be traveling, you authorise Tourica Tours Pty Ltd to disclose your personal details and travel booking information to your Government, Department of Foreign Affairs and Trade (or similar government department) or any other relevant agency whether in Australia or overseas.
13. Optional Activities
Optional Activities refer to any activity, transportation, meal, product or service not expressly included in the Tour itinerary, price or planned aspect of the Tour. Any assistance provided by the Tour leader in arranging, selecting, or booking Optional Activities is purely at your personal request, and the Tour leader disclaims all liability arising from the participation in Optional Activities or any information provided by the Tour leader regarding any Optional Activities. You acknowledge and agree that any liability for damage, loss, death, personal injury, illness and emotional distress associated with Optional Activities is the sole responsibility of the third party providing that service or activity.
14. Personal Images, photography and videography
You, and any traveling companions you are booking on behalf of:
(a) consent to the collection, disclosure and use of personal images by Tourica Tours Pty Ltd and any agent taking photos or video recording (Images) and acknowledge that these may be used for marketing purposes by Tourica Tours Pty Ltd for distribution via print, online (including but not limited to any social media) and video-based marketing materials, as well as other publications (from time to time);
(b) release and hold harmless Tourica Tours Pty Ltd from any reasonable expectation of privacy or confidentiality associated with the Images specified above.
(c) acknowledge that your participation is voluntary and that you (nor any of your passengers) will not receive any financial compensation of any type associated with the taking or publication of these Images or participation in any marketing materials by Tourica Tours Pty Ltd; and
(d) acknowledge and agree that publication of any Images confers no rights of ownership or royalties whatsoever.
(e) will not release public images of other children aged under 18 attending our events without express parental consent.
(f) will not capture any images or videos of any of our artists/musicians without express prior consent
(g) will not release public images or videos of any of our artists/musicians without express prior consent
15. Collection of information and privacy
Unless otherwise prevented by law, you consent to the collection, use, storage and disclosure of any personal information provided for the following purposes and any other related purposes or as agreed between Tourica Tours Pty Ltd and you from time to time:
(a) to manage our business relationship with you;
(b) to administer and manage our services and systems;
(c) to enter into all necessary bookings and/or arrangements with third parties, to ensure your travel;
(d) to arrange for foreign visas, as required on your behalf;
(e) to communicate with local and foreign governments, on your behalf;
(f) to enforce our legal rights;
(g) to enter into any other associated contracts with you and/or third parties, as required; and
(h) to market to and maintain a client relationship with you.
16. Severability
In the event that any term, warranty or condition contained in these Terms and Conditions is unenforceable or void by operation of law or against public policy or for any other reason than such term, warranty 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.
17. Governing Law
These Terms and Conditions are governed by the laws of the state of Victoria and any legal action arising therefrom shall be litigated only in the appropriate court in that state.
18. Miscellaneous
Tourica Tours Pty Ltd reserves the right to change, amend or delete any of these Terms and Conditions, or policies contained therein. These policies are only altered due to external circumstances beyond our control. Customers and travellers are responsible for periodically checking our website to update themselves on the latest terms and conditions.