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Booking Terms & Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS & CONDITIONS FOR SIGNATURE & CREATOR TRIPS

INTRODUCTION

It is strongly recommended that you review these Booking Terms & Conditions thoroughly in advance of booking your trip. Booking your trip through our website indicates your agreement to these Terms & Conditions.

Best In Travel (the ‘Company’) reserves the right to make amendments to these Terms & Conditions at any time and you will be bound by these changes. If you do not agree with any conditions within this agreement at any time then you should immediately cease using the website and any associated services.

COMPANY DETAILS

Best In Travel Pty Ltd
ABN 621 775 746
Address: GPO Box 4347, Melbourne VIC 3001

PRIVACY POLICY

Any personal information the Company collects will be handled in accordance with our Privacy Policy. You accept that your details will be used as required to complete your booking which could include handling by a third party such as a tour operator, travel agent, etc.

We reserve the right to make changes to the Privacy Policy and recommend that you periodically check for any updates.

COMPANY’S TRIP SERVICES

The Trip services to be provided by the Company when a Traveller Books a Trip when using the Company Website or any other Company Program will be limited to acceptance of the Booking and the Company’s processing of Trip Payments.

FOR CLARITY, THE TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING.

BOOKING & PAYMENTS

At the point of booking you will be required to make a deposit payment of 25% of the trip cost (unless otherwise specified). 60 days before the trip the balance of the payment will be due (unless otherwise specified). If this amount is not paid then the Company reserves the right to cancel your booking.  Any cancellations will be managed in accordance with our Cancellation Policy detailed in these Terms & Conditions.

PRICING

As is standard within the travel industry, there is potential for the need to change price as there are fluctuations in currency and demand. It is possible that people on the same trip as you will be paying a different price due to this. The Company will absorb any such change up to 2%, however beyond this there is the possibility that we will need to increase the cost of your trip. If this is the case then you will be entitled to cancel your place on the trip if the increase is in excess of a further 2%.

PERSONAL DETAILS

To confirm your booking arrangements we will often require important information from you including, but not limited to, your passport details, date of birth, etc. We will communicate with you the information required, however if you do not provide this in the timeframe required then there is the possibility of additional charges or a non-refundable cancellation of your booking.

CANCELLATION BY THE TRAVELLER

If you cancel your booking, some fees may apply.

If you cancel a PENDING Creator trip, your deposit and any subsequent balance payments will be fully refundable.

If you cancel a CONFIRMED Creator trip 61+ days before the commencement of the trip, your deposit and any subsequent balance payments can be transferrable to another Best In Travel trip.

If you cancel a CONFIRMED Creator trip 60 days or less before the commencement of the trip, then payments will not be refundable.

If you fail to turn up to your trip or leave it early you will not be entitled to a refund.

For any refunds we will not accept any liability for unfavourable fluctuations in the exchange rate.

For Signature trips, your deposit is non-refundable. If you cancel your trip 31+ days before the trip then your deposit can be transferred to a different trip.

If you are unable to attend the trip for any reason, including because of a last-minute positive Covid-19 test, or restrictions in your region or country,  you will need to make a claim with your travel insurance provider to claim any trip or retreat costs.

CANCELLATION BY THE COMPANY

We may for any reason cancel a trip any time up to 45 days before commencement.

If the Company cancels your booking you will be able to obtain a full refund or transfer your payments to a different trip.

In the event that the Company cancels the trip we will not accept any responsibility for expenses you may incur as a result of this.

In the event the Host fails to arrive at the destination without providing the Company sufficient notice, the trip will still proceed as planned to the best of our ability using local operators that we can source.

We strongly suggest you take out travel insurance that includes coverage in case of cancellation.

CANCELLATION DUE TO A FORCE MAJEURE EVENT

The Company shall not be liable to you nor be deemed to have defaulted on this agreement for acts beyond the Company’s reasonable level of control. A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.

In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

CANCELLATION BY AN OPERATOR

In the event the operator of the trip (supplier of accommodation, tours, etc) cancels the trip you will be entitled to a full refund for your booking, however the Company will not be held liable for any costs incurred to you including, but not limited to, flights, insurance excess, visas, etc.

TRIP STATUS

All trips will be either listed as PENDING or CONFIRMED. A PENDING trip is one that is still yet to receive the minimum number of bookings required for the trip to go ahead. A trip will become CONFIRMED once the minimum number of participants required have booked. It is strongly advised that you do not book your flights until a trip is CONFIRMED.

CHANGE OF ITINERARY

It may be required from time to time to make changes to the advertised itinerary. When we do so this will be communicated on the trip page. For any major changes prior to departure you will be notified and given the opportunity to cancel your booking and entitled to a full refund.

After departure, the Operators and Hosts reserve the right to make changes to the itinerary as they see fit due to local circumstances or events outside their control. The Company will not be responsible for any incidental costs incurred as a result of these changes.

HOST NO SHOW

In the event the Host is unable to make the trip with little to no notice (due to, but not limited to, injury, illness, Force Majeure) we will endeavour to run the trip through a local operator. However, this may not be possible which is why we strongly urge you to get travel insurance that includes cancellation.

AUTHORITY ON TRIP

If you unreasonably fail to comply with the directions of the trip host or operator, or interfere with the well-being or mobility of the group, you may be directed to leave the group with no right to a refund and possible refusal to attend future trips. You agree to act within and respect the laws and customers of the destination that you are in.

SIGNATURE TRIPS

For the avoidance of doubt Best In Travel is not the Travel Provider for Signature trips. This means that we do not arrange or create combinations of travel elements. We only act as agent for Travel Providers for whom we provide marketing, sales and booking services.

Importantly, for Signature trips, your booking is subject to both these Agency Terms and Conditions and the Booking Conditions of the Travel Provider(s). The Agency Terms and Conditions set out the terms of agreement between you and the Company whilst the Booking Conditions set out the terms of agreement between you and the Travel Provider(s).

ACCEPTANCE OF RISK

You acknowledge that the nature of some trips is adventurous, and participation may present risk to yourself. The destination you visit may have different laws, cultures and higher risk settings compared to your normal life. It is your sole responsibility to prepare and act within consideration of this. You should reconsider your participation in this trip if you believe this is unreasonable for you. It is also your responsibility to ensure that you are fit and able to attend this trip and we strongly recommend you seek medical advice to confirm this. You are strongly encouraged to opt out of participating in any activities that you feel could pose an unacceptable risk to you.

BEHAVIOUR

The Company, Host or Operator reserve the right to remove any traveller who presents an unreasonable level of disruption to the group, creates an unsafe environment for themselves or others. In the event this happens you will not be eligible for a refund.

GOVERNING LAW

We operate the Company, its website and trip services from Victoria, Australia. Whilst we invite people to use our website and services from anywhere in the world, by doing so you agree that the governing law for these activities will be Victoria, Australia. If you do make the decision to make a claim against the business, you agree that it will be within Australia.

ATTORNEY FEES

If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defence of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

PROHIBITION OF CLASS OR REPRESENTATIVE ACTION

You and the Company agree that each of us may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action.

CHANGES TO THIS AGREEMENT

BY USING THE COMPANY WEBSITE OR ANY COMPANY PROGRAM OR TRIP SERVICES YOU AGREE THAT THE COMPANY RESERVES THE RIGHT, AT OUR DISCRETION AND AT ANY TIME, TO MAKE CHANGES TO ANY OF THE PROVISIONS INCLUDING TO ANY OF THE TERMS AND CONDITIONS GOVERNING THIS BOOKING OR OUR PRIVACY POLICY.

The Company may make reasonable effort to post these updates to the Company website.

 TRAVEL INSURANCE

We, the Company, require that all travellers take out travel insurance including:

  • Positive Covid-19 test preventing you from travelling
  • Local and destination restrictions preventing you from travelling
  • Personal injury

We, the Company, recommend coverage up to US$200,000.

AGE LIMITATIONS

Unless otherwise stated on the relevant trip page, the minimum age to participate in one of our trips is 18 years. For anyone attending that is below 18 years they must be accompanied by a parent or legal guardian.

HEALTH & FITNESS

It is your sole responsibility to ensure that you are medically fit and able to participant in the activities on any trip you attend. We strongly advise you seek medical advice before attending to ensure you are fit and able to participate. You accept that the nature of these trips is adventurous and that the Company will not be help responsible for any health related problems including, but not limited to injury and death.

SEVERABILITY

In the event that any terms or conditions related to the Booking or the Trip Services, or any other terms and conditions contained in this Agreement, are 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 Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

VISAS AND PASSPORT

You accept full responsibility for all required documentation for this trip including, but not limited to valid passports, visas, vaccination status and any other requirements that the destination you are travelling to requires. Passports should have a minimum of 6 months remaining on them beyond the final day of your trip. The Company accepts no responsibility for incorrect or missing documentation and no responsibility for any costs incurred.

DISCLAIMER, LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ARISING OR RELATED TO A TRAVELER’S BOOKING OR TRIP), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE TRIP SERVICES SOLD HEREUNDER.