1. Atoll Travel P/L hereinafter referred to as the company will include its servants, agents, and sub contractors.
2. Atoll Travel P/L as agent is not itself a carrier or hotelier, nor do we own aircraft, hotels, or coaches. We exercise every care in the selection of reputable airlines, coach operators, hotels and other suppliers of the various travel services which are used in these tours. It is important to note, that all the bookings with Atoll Travel P/L are subject to the terms and conditions and limitations of liability imposed by airlines, coach operators, hoteliers and other service providers including but not limited to shipping, rail, car hire, and restaurant operators, whose services we utilize, some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage.
*WE REQUIRE THAT YOU TAKE OUT INSURANCE AGAINST THESE RISKS.
We always do our best to make sure that your holiday arrangements are satisfactory and we accept liability for, but only to the extent of any loss or damage sustained by you as the result of our negligence or that of our employees or agents.
1. However, we cannot accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise of those airlines, coach operators, shipping companies, hoteliers or other persons providing services in connection with your holiday persuant to contract between themselves and yourself ( which may be evidenced in writing by the issue of a ticket, voucher, coupon, or the like ) and over whom we have no direct and exclusive control.
2. We do not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any authorities, accidents to or failure of machinery or equipment or industrial action ( whether or not involving our employees and even though such action may be settled by acceding to the demands of a labour group).
3. Tickets, bookings and reservations will only be negotiated by Atoll Travel upon lodgement of completed booking form and upon payment of a deposit which will be accepted in part payment of the total cost to be incurred by clients, but receipt of a deposit does not constitute acceptance of any booking. The balance of the total cost is to be paid to Atoll Travel not later than 60 days prior to departure (or such later date as shall be specified in writing by Atol Travel). Failure by a client to pay the said balance by the due date will entitle the Company to cancel all bookings made whereupon the deposit paid by the client shall be forfeited. Late payments and / or bookings received 28 days prior to departure will incur a $35.00 late booking fee.
4. Any cancellation made by a client must be received in writing. The following cancellation fees apply: (i) If the written cancellation is received by the Company not later than 60 days prior to departure the complete deposit is non – refundable. (ii) If the written cancellation is received by the Company after 60 days and not later than 30 days prior to departure, the complete deposit is non – refundable and a 50 % cancellation fee applies to all other monies received by the Company. (iii) If the written cancellation is received by the Company within 30 days of the departure date the Company shall not be obliged to refund any monies whatsoever.
5. Amendments to individual itineraries will be made on notification from the client if possible within the rules and conditions of the carriers and land operators. A fee of $35.00 per amendment will be charged to cover administrative costs, in addition to any charges levied by hotels, ground operators or airlines. An amendment constitutes a change to an existing booking.
6. Tour costs are based on airfares, exchange rates and land costs current at the time of printing. The Company reserves the right to amend such prices prior to the departure of any tours should any fluctuations in currency, increases in fuel costs, airfares, ground operator services or variation of group sizes occur.
7. The Company shall not be liable in the event, due to climatic conditions, that satisfactory surf is unavailable or that surf is of too great a magnitude for a client to participate in such activities.
– The passengers shall comply with the instructions of the Company’s representatives at all times.
– No passengers shall remain on the tour while their status or mental or physical condition is in the opinion of any representative of the Company, such as to render them incapable of caring for themselves and nor shall any passenger make themselves objectionable to other passengers and the Company will not be responsible for expenses by such persons precluded from completing the journey for this reason.
8. Travel Insurance is mandatory to cover loss of deposit and cancellation fees, baggage and medical expenses.
9. The Company or its representatives has the right to cancel or alter any itinerary without notice as may be found necessary and to decide the suitability or otherwise of climatic conditions, sea or other conditions for the normal performance of the tour. Any additional personal expenses incurred as a result of delay, including delay from mechanical breakdown will be the responsibility of the passenger. Refunds are not available for tours, accommodation or any other services not utilised.
10. Governing law – This agreements is governed by and construed in accordance with the laws of the State of Victoria. Any dispute or claim arising out of or related to the Agreement, or the breach thereof and not otherwise resolved between the parties either by agreement or mediation shall be submitted by the parties to the jurisdiction of the courts and tribunals in the said State.
11. Costs Not Included in Tour Price : – Excess baggage; Personal spending money; Travel Insurance; Airport departure taxes and airline surcharges; Passport and Inoculation costs; Meals other than those specified.