1. Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by Australian Law, and the jurisdiction of the Australian Courts.
To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
All prices are quoted in Australian dollars, inclusive of taxes and charges that apply as at the date of brochure publication but they do not include any fees for optional items which are payable directly to third parties. Please note that prices quoted in the brochure are subject to change. This may occur due to increase the cost of the product or service. Such factors include (without limitation) adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Child prices are based on two adults and one child sharing existing bedding, unless otherwise specified. Charges may apply for roll-away beds, cots or additional bedding. Please contact your travel consultant for up-to-date prices.
All pricing is clearly identified by a currency prefix. Where exchange rate fluctuations occur or any other increases in the price of services provided which are beyond the control of JC Holidays, then JC Holidays reserves the right to adjust package prices accordingly, up to and including the day of departure of your itinerary, even though the balance of payment may have been made. Acceptance of this arrangement is a condition of booking.
4. Travel Insurance
Travel insurance is strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Travel Insurance is not included in any of the prices quoted in this brochure. You are strongly advised to arrange this cover to protect you for the duration of your holiday. We suggest that you take out the policy at time of booking and that the policy should include, but not be limited to the following features: Loss of deposit and/or final payment; injury, death, theft, loss of luggage and personal items, curtailment of tours en-route, medical expenses, cancellation of advance purchase airfares, additional expenses to cover hotel accommodation and repatriation costs should your holiday need to be extended or curtailed due to illness while overseas.
5. Travel Documents
Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. All travel documents are non-transferable. All airline tickets must be issued in the name of the passport/photo identity holder; some carriers will deny carriage if the name varies and the booking may be cancelled. Please review you travel documentation carefully and advise us immediately of any errors in names, dates or timings. It is your responsibility to collect all travel documents prior to travel.
6. Travel Advice
JC Holidays makes no representations as to the safety, conditions or other issues that may exist at any destination. We recommend that you contact the Department of Foreign Affairs and Trade or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
7. Passport, Visa and Immigration Requirements
All travellers must hold a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. It is important that you ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).
9. Maps & Photographs
Maps are shown for general information and are an indication only, they may not necessarily reflect actual routings, hotel and attraction locations or services provided. Photographs show places in the geographic areas, but are not necessarily included in the holiday. Hotel room photographs are representative only, and the actual rooms occupied may vary in decor and inclusions from those shown. Many images are supplied courtesy of tourist bureaus, hotels and tour operators.
Carriers publish baggage allowances applicable for carriage over their own services. Allowances include cabin baggage and checked baggage. These allowances tend to be based on a weight allowance or a piece system. We recommend you check your baggage allowance carefully, as you may incur a charge for the carriage of baggage in excess of their free baggage allowance. Carriers also publish baggage safety notices, which detail items that cannot be carried or can only be carried in checked baggage. Again, we recommend you ask your chosen carrier about the applicable baggage safety requirements.
11. Flight Details
Any amendments that JC Holidays may make to the flight details, such as change in carrier, departure time and airport of departure would be considered as a minor change and would not be subject to any compensation or allow you to cancel reservations. The exception to this would be if the timings changed by more than 12 hours.
12. Connecting Flights
Where domestic or international internal flights are booked, either by JC Holidays or by the client directly with the airline, we are unable to accept liability for any change in flight time by the carrier that would affect your onward or return travel arrangements. Where we have made reservations for domestic or internal scheduled flights payment must be made at the time of booking and is nonrefundable. This would be in addition to our standard deposit.
13. Pre-Departure Contact
Please ensure your travel consultant advises JC Holidays of a telephone number or address where you can be reached within 24 hours prior to your departure from Australia.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at the address on your confirmation invoice, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
15. Deposits & Final Payments
A deposit of $150 per person is payable within seven days of confirmation of your reservation. You will be notified at the time of your reservation if any additional deposit requirements apply. All deposits are non-refundable for changes of mind or cancellations by you (subject to your rights under the Australian Consumer Law). Full payment for your holiday package is required at least 30 days prior to departure, or by the sale end date or payment deadline specified in individual package conditions, whichever is earliest. If you do not pay JC Holidays the deposit or your balance by the due date, we reserve the right to treat your booking as cancelled and to apply the appropriate cancellation charges. A deposit holds services requested but does not guarantee prices. Bookings made within 30 days of departure will only be accepted if full payment is received by JC Holidays at the time of reservation. The price of your holiday may change at any time until the full payment is received and airline tickets are issued. Tickets will be issued within one business day of receiving full payment. If we have to change any part of your booking for reasons beyond our control, for example if an airline changes its schedules, if a hotelier overbooks hotel accommodation or if there are any changes in applicable taxes or charges, we will notify you. If any such changes result in your holiday costing more or otherwise being materially different from that originally booked, then you may cancel the holiday and we will refund any monies already paid less any charges levied by suppliers.
16. Cancellation Fees
Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where JC Holidays incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, JC Holidays will not provide a refund to you until we receive the funds from that supplier.
Subject to your refund and remedy rights under the Australian Consumer Law, the following fees apply if we change or cancel a booking at your request. After full payment, the cancellation fee on packages will be $150 per person plus any supplier fees on the land portion of your booking and any airline cancellation fees on the air portion.
An amendment is a change to an existing booking with the same inclusions. Any supplier or airline amendment fees will be charged. A transfer to another package may be treated as a cancellation and operator cancellation fees may apply. If the new package is of greater value and no operator fees apply, there will be no amendment/reissue fee.
Subject to your refund and remedy rights under the Australian Consumer Law, no refund is available for cancellations after the holiday package has commenced or in respect of any tours, accommodation, meals or any other services not utilised. Requests for refunds received more than six months after the departure date for travel will not be accepted.
19. Credit Card Transactions
The prices shown are for payment by cash. Credit card surcharges of 1.5% for Visa, MasterCard or Bank card for American Express & Diner’s Club 3.0% will apply when paying by credit card.