Terms & Conditions

TWO’S A CROWD – GROUP BOOKING CONDITIONS – APPLIES TO NEW BOOKINGS MADE FROM  9TH NOVEMBER 2020 

(Bookings made prior to 9th November 2020 are subject to our previous Terms & Conditions shown further below)

These Booking Conditions set out the terms on which you contract with Travel Passion Pty Ltd trading as Two’s a Crowd (TaC). By placing a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions.
These Booking Conditions only apply to travel arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you as the principal operator of the travel arrangements. We reserve the right to change these Booking Conditions at any time prior to you making a booking.
Where we act as agent for the principal operators of the travel arrangements, your contract will be with the principal operator and will be subject to the principal operator’s booking conditions. To the extent we have a legal relationship with you where we are acting as agent for the principal operator of travel arrangements our Agency Booking Conditions which are published on our website will apply and these Group Booking Conditions will have no effect.

MAKING A BOOKING
A booking request is accepted when we issue a written (generally via email) booking confirmation. It is at this point that a contract between TaC and you comes into existence. We reserve the right to decline any booking at our discretion. No employee of TaC other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.

PRICING
Prices shown in our brochures were accurate based on prices and exchange rates at the time of printing or publication. We reserve the right to adjust published prices due to currency fluctuations, government charges or increased costs of services at any time. Please enquire with us prior to making a booking request for the current prices.
Please be aware that tour pricing may be based on a number of foreign currencies and the total cost of your trip can only be guaranteed upon final payment. Up until that time TaC reserves the right to amend your tour pricing in accordance with negative currency fluctuations and the imposition of new or amended government charges.

NOT INCLUDED IN THE TOUR PRICE
Unless otherwise stated, flights, visas, airport taxes, port taxes, city taxes, security charges, airport transfers, gratuities, items of a personal nature, travel insurance, laundry, additional beverages and consumables are not included in the tour price.

PAYMENTS
A non-refundable and non-transferable deposit of 20% of the booking value or $1500 per person (whichever is the greater) is required within seven days of us issuing your booking confirmation. We are not obliged to hold or confirm any services for you until we receive your deposit. If you fail to pay the deposit on time, then we reserve the right to cancel your booking without notice.
If the price of any services increases before we receive your deposit, we reserve the right to pass on this price increase to you. This is in addition to our right to increase prices prior to full payment as stated above.
The balance is due up to 120 days before commencement of your trip, however, payment schedules can vary depending on our supplier requirements. Certain tours also may require instalment payments to be made. Payment schedules will be provided to you at the time of booking. Late payment may cause cancellation of all or part of your trip, with no refund payable. We are under no obligation to remind you of the balance becoming due.

Payments can be made by direct deposit or credit card. Unfortunately, we are unable to accept cheques or cash.

Account details for direct deposit are as follows:

BENDIGO BANK
ACCOUNT NAME: Travel Passion Pty Ltd
BSB: 633-000
ACCOUNT # 138 938 485

Please include your name as the reference and advise us via email ([email protected])  that you have made the payment.

As at 9/11/2020, payments made by credit card will incur a 1.20% merchant surcharge for MasterCard, 1.4% for  Visa, 1.8%  for American Express and 2.5% for Diners. International Credit cards attract a surcharge of 3.00%. TaC (as merchant)  is fully compliant with Reserve Bank of Australia regulations with regard to credit card surcharging which took effect from 1/9/2017.

CANCELLATION BY YOU
If you wish to cancel your trip, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice.
• Over 120 days before commencement: Deposit only
• Within 119 days or no show 100%
Please note payment and cancellations conditions are different for charters such as river and ocean cruises and rail. Please refer to the relevant brochure in connection with these charters.
You agree that these cancellation charges are reasonable and required to protect the legitimate business interests of TaC.
We strongly advise travel insurance is purchased at time of booking to provide full cover including events which lead to your cancelling your trip.
Please note that if you have booked and then cancel any services additional to the packaged tour arrangements (for example pre/post accommodation, airfares, transfers, travel insurance), the supplier of these services will impose cancellation fees in accordance with their terms and conditions which you will be responsible for. TaC may also charge cancellation fees for these cancelled services in accordance with our Agency Booking Conditions.

CANCELLATION BY US
Force Majeure – Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock out, epidemic, pandemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, decree, rule or regulation of any government authority, or for any reason whether of a similar or dissimilar nature beyond the control of TaC (Force Majeure), we may at our election:

• postpone your travel arrangements to a future date, in which case we will issue you with a credit note equal to amounts paid at the time of postponement less any of our unrecoverable costs; or

• cancel your travel arrangements, in which case our contract with you will terminate.

If we cancel your travel arrangements and our contract terminates, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third-party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.

Force Majeure – During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third-party costs only.

GENERAL
If we provide you with any alternative services or assistance where travel arrangements are cancelled because of Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your trip for reasons beyond Force Majeure, you will be offered (at your election) a full refund of all funds paid over to us, or the offer of a trip of substantially equal  quality if appropriate.
TaC disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of postponement or cancellation of your travel arrangements by us whether due to Force Majeure or otherwise.

MINIMUM NUMBERS
Some tours are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a tour fails to attract the minimum passenger numbers, the tour may be cancelled, or we may pass on any pro-rata increases in costs at our discretion. If a tour is cancelled, monies already paid by passengers will be refunded or credited towards future travel at the election of the passenger. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred as a result of our cancellation.

AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil. An amendment fee of AU$50 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.

AMENDMENTS BY US
Every effort will be made to adhere to the published touring itinerary. Occasionally, circumstances beyond our and our suppliers’ control will force changes, amendments or modifications to the itinerary and its inclusions.
If circumstances beyond our control (including due to Force Majeure) mean that we need to amend your itinerary or the services with it, we shall notify you in writing as soon as possible. If the change arises during your trip, our representatives will make every effort to contact you personally. We reserve the right to substitute alternative transport or accommodation in the interests of the safety of our passengers and/or the successful completion of the itinerary.
To the fullest extent permitted by law, TaC will not be responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these circumstances. If you are entitled to any compensation at law for any changes or modifications in these circumstances, then you agree that any compensation you are entitled to will be reduced by the value of any alternative services we provide to you which you accept.
TaC disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you.

PASSPORTS, VISAS & VACCINATIONS
It is a requirement that you hold a valid passport and visas for your journey. It is your sole responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your sole responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the tour. Any information provided by us is given in good faith.

EXCLUSION FROM TOUR
When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour host or tour guide acting reasonably may require that you leave the tour.
TaC will not be responsible for any other travel arrangements affected by, or any additional costs incurred as a result of your booking being cancelled or you being asked to leave the tour as described above, including costs of airfares, visas or any other expenses incurred by you as a result of our cancellation.

HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If no assessment is provided or if the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. We will provide you with a full of refund of payments made. We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

DIETARY REQUIREMENTS
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

ILLNESS PREVENTING TOUR COMMENCEMENT OR CONTINUATION

If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19):

• an airline or other common carrier refuses you carriage;
• a hotel or vessel refuses to accommodate you; or
• we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
• if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
• if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

TRAVEL INSURANCE
It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance is purchased at time of booking to provide full cover. You must provide us with the insurance company name, policy number and emergency contact number relating to such a policy within 14 days of final payment being made.

COMPLAINTS
If you have a complaint about any aspect of the travel arrangements, you must immediately bring it to the attention of TaC or our local representative at the time to give us the opportunity to put things right. If you fail to do this, you agree that you waive the right to make a future claim against us in connection with the problem. If you notify us or our local representative of the problem and the problem is not solved to your satisfaction you must forward your complaint in writing to TaC no later than 30 days after completion of the tour, otherwise you waive the right to make a claim against us in connection with the problem.

UNUSED SERVICES & REFUNDS
No refunds will be made for any tours, meals, accommodation, sightseeing, transfers, or any other services included in the cost of your travel arrangement which you do not utilise because you choose voluntarily not to use the service or you decide to leave the tour early.

INDEPENDENT SERVICES
TaC will not accept responsibility for any additional or alternative travel arrangements (including the use of local guides and the purchase of services and excursions) that you make independently and that are separate, or in addition, to the booked itinerary.

RESPONSIBILITY & LIABILITY
Services supplied by independent suppliers

Where a third party over whom we have no direct control (Independent Suppliers) is the supplier of travel arrangements that form part of your tour, you acknowledge that our obligations to you are limited to arranging for the Independent Supplier to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include airlines, railway and cruise operators, hoteliers and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier (copies available upon request).
To the fullest extent permitted by law, TaC will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.

Services we supply as principal
To the extent only that we are the principal supplier of travel arrangements or other services to you which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or (other than as set out in these Booking Conditions) due to an event of Force Majeure.
Please note that if the travel arrangements or services which gave rise to the claim complied with local laws and regulations, the travel arrangements and services will be deemed to have been properly performed, even if this would not be considered the case in Australia.

GENERAL LIABILITY LIMITATION
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, TaC disclaims all warranties.
To the fullest extent permitted by law, the maximum liability of TaC to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.

DEEMED ACCEPTANCE
By making a booking request, you are deemed to have agreed and consented to all terms in these Booking Conditions and in any other documents provided to you by TaC or any other person who may have booked the tour on your behalf. If you book on behalf of another party, you represent and warrant to TaC that you are duly authorised to provide the agreement and consent the other party and you agree that you will be responsible for any loss or damage TaC incurs if this is not the case.

IMAGE RELEASE
When on tour, we may from time to time take photographs or make recordings of you and tour activities that may identify you. We reserve the right to use any photographs and/or recordings for promotional reasons. In using such images, you consent to the use of such images or recordings by us and you acknowledge that you will not be entitled to payment or other compensation for the giving of this consent. If you do not consent to the release and use of your image, then please advise TaC in writing within 30 days following payment of your deposit.

GENERAL
The contract between you and Travel Passion Pty Ltd trading as Two’s a Crowd is deemed to have been made in the State of Victoria, Australia, and shall be governed by the laws of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published here https://twosacrowd.com.au/privacy-policy/

 

PREVIOUS TWO’S A CROWD – GROUP BOOKING CONDITIONS – APPLIES TO BOOKINGS MADE PRIOR TO 9TH NOVEMBER 2020

Payment of Deposit

Tour bookings cannot be securely held for clients until payment of the non-refundable & non-transferable initial deposit is received by Two’s a Crowd. Deposit amounts vary by tour. Your Two’s a Crowd Solo Travel Consultant can advise relevant deposit amounts and applicable payment schedules. In the unlikely event that we need to cancel a tour if we fail to reach minimum numbers, we will refund your deposit.

Instalment and/or Final Tour Payments

  1. Timing of instalment and /or final tour payments can vary from tour to tour depending on the payment terms and conditions of the wholesale supplier or ground operator we have chosen to operate the tour for us.
  2. Currency fluctuations, imposition of new government taxes and other circumstances outside our control can impact tour pricing.  As a result Two’s a Crowd is not able to guarantee that the tour price will remain the same until such time as full payment is received.
  3. The timing and amount of instalment and/or final payments will be advised to you at the time of payment of initial deposit.  In general final payments are due 90 days prior to departure from Australia or New Zealand.

Payments can be made by direct deposit or credit card. Unfortunately, we are unable to accept cheques or cash.

Account details for direct deposit are as follows:

BENDIGO BANK
ACCOUNT NAME: Travel Passion Pty Ltd
BSB: 633-000
ACCOUNT # 138 938 485

Please include your name as the reference and advise us via email ([email protected])  that you have made the payment.

Payments made by credit card will incur a 1.30% merchant surcharge for MasterCard, 1.5% for  Visa, 2.25%  for American Express and 2.75% for Diners. International Credit cards attract a surcharge of 3.25%. Two’s a Crowd is fully compliant with ACCC regulations with regard to credit card surcharging which took effect from 1/9/2017.

Cancellation Fees after final payment is made

In the event that you cancel your place on a Two’s a Crowd Tour after payment of final tour costs, no refund is due on any Two’s a Crowd tour payments made.

In addition, the following cancellation fees may apply:

•    Airline cancellation fees (if applicable)
•    Cancellation fees as they apply to any pre or post tour extensions

LIMITATION OF LIABILITY
1. Two’s a Crowd is not the operator of its tours or cruises. Two’s a Crowd acts as a booking agent for the persons or companies in making transportation, accommodation and/or sightseeing arrangements at the tour destination. Two’s a Crowd does not own, manage or control any vehicles, hotels, cruise ships or attractions. The parties/suppliers for whom we act as booking agent are not agents, servants or employees of Two’s a Crowd.  Although we take care in selecting these independent service providers, Two’s a Crowd is not responsible for the acts and omissions of these third parties their servants or agents or any ramifications of that conduct. All tickets and vouchers are subject to the terms and conditions of the independent service providers and the laws of the country where the services are provided. Two’s a Crowd shall not be liable for any injury, damage, loss, accident, delay or irregularity that may be caused to any person or property however caused or arising during any tour. To the extent permitted by law, Two’s a Crowd is also not liable for any loss or damage including and without limitation to loss or damage caused by the negligence of Two’s a Crowd or its servants or agents, nor any incidental or consequential loss or damage arising from or in connection with supply of the goods or services. Optional excursions may, depending on your tour, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved in all activities.

2. Travel on cruise lines is subject to the terms and conditions of the relevant cruise line.

3. If, in the opinion of any representative of Two’s a Crowd or local tour guides, your mental or physical condition is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to continue with the tour. Two’s a Crowd is not liable to you for any costs associated with such a decision and you will not be refunded for any part of the tour cost.

4. Any term, condition or warranty, whether express or implied by statute or otherwise in respect of the tours featured on our website or in brochures shall apply save to the extent that they are excluded by law.

VISAS
You are responsible for obtaining all necessary visas prior to the departure of your trip. Depending on your nationality, you may need visas to enter certain countries included on your trip. Obtaining visas can take up to six weeks prior to your departure. It is strongly advised that you consult the local Consulate or Embassy of the country you are visiting well in advance to determine which visas they require.

FLIGHTS & ANCILLARY EXTRAS
It is a matter for you if you wish to make flight or other ancillary arrangements before your proposed tour has been guaranteed. Whilst we are confident that all of our proposed tours will go ahead as planned, if, contrary to our expectation, we do not have a sufficient number of clients, there is a risk that a tour may be cancelled, which possibly could involve some financial risk for you.

PHOTOS & 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. If you do not consent to your image being used please advise us in writing.

ITINERARIES
Itineraries are subject to alteration without notice and intended as a guide only. Alterations may come about due to road, weather or tidal conditions, strikes, public holidays, local festivals or other reasons. Due to the nature of the terrain and remote areas, weather fluctuations can adversely affect road conditions which may necessitate alterations to itinerary with little or no notice. Any additional expense incurred by the passenger is not the responsibility of Two’s a Crowd and Two’s a Crowd will not be liable for any loss or damage occasioned thereby. As is normally the case with group tours, a minimum number of bookings is required in order for a tour to be financially viable and to have a pleasant group atmosphere.

FLEXIBILITY
You appreciate and acknowledge that travelling requires flexibility. Local conditions such as weather, late changes to airline schedules, equipment breakdown, late running of local transport etc are all an occasional part of travelling and you should allow for alternative arrangements. The itinerary provided for each trip is representative of the types of activities contemplated, but schedules, inclusions, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

INCLUSIONS
The land price of your trip includes: all accommodation as listed in the itinerary, all transport listed in the itinerary, sightseeing and meals as listed in the itinerary, the services of a tour guide/guides as described in the itinerary. Hotels specified in our tour brochures, itineraries  or website may need to be substituted with a hotel of similar standard at any time due to operational reasons.

EXCLUSIONS
The land price of your trip does not include: flights, airport transfers, taxes and excess baggage charges unless specified, meals other than those specified in the tour brochure,  optional activities and sightseeing and all personal expenses.

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 geographical attributes present dangers and physical challenges that may be greater or higher than those usually experienced. We use information from local authorities 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 that you obtain and you accept that you assume the personal risks attendant upon such travel.

AUTHORITY ON TOUR
The decision of the guide or Two’s a Crowd Tour Host 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 guide or Tour Host, or interfere with the well-being of the group, the Guide may ask you to leave the trip immediately, with no right of refund or reimbursement of costs incurred by you in having to leave the tour. You must at all times comply with the laws, customs and drug/alcohol regulations of all areas visited.

OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of the trip or this contractthese terms and conditions. Optional tours described in the brochure are subject to availability at the time of booking and their availability or cost cannot be guaranteed until booked.  You have the option of pre-booking these tours before you travel and as some will book out early it is recommended that you consider doing this to avoid disappointment. You accept that any assistance given by your Guide 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 itineraries 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 Guide or Two’s a Crowd Tour Host 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 then 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.