These terms and conditions apply to all tours organised by GOODDAYDEALS AUSTRALIA PTY. LTD. (ABN: 11 605 324 981) trading as GOODDAYDEALS, whose registered office is at 1/27-31 Myers St, Geelong VIC 3220. Please read them carefully as they set out our respective rights and obligations.
By using www.gooddaydeals.com.au or any GoodDayDeals -affiliated website, you agree to be legally bound by the following Terms and Conditions,
which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or
use www.gooddaydeals.com.au or any GoodDayDeals -affiliated website. In all cases the person making the enquiry/booking shall be deemed to have
accepted these Terms and Conditions on behalf of all the other person(s) named in the booking and who partake in the booked tour(s).
By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms & conditions and agree to them.
In these terms and conditions:
"we" or "us" or "our" means GOODDAYDEALS AUSTRALIA PTY. LTD.
"Our website" means www.gooddaydeals.com.au or any GoodDayDeals -affiliated website
"you" means the person making the booking and includes all persons included on the particular booking who will be required to acknowledge receipt and acceptance of these terms and conditions
"Participant" includes you and any other person taking part in the trip.
A.1.1 When you submit a request to get a quote for a tour/packages/air tickets/other services on our website or over the phone, we will provisionally reserve your trip on the basis of these terms and conditions. A binding contract between us will come into existence only when we have received your deposit (or if applicable full payment) and send our Confirmation Invoice and Tickets (If Applicable) to you. Prior to doing so, we may send you an acknowledgement of receipt of the deposit. Any such acknowledgement simply indicates that we are dealing with the booking and is not a confirmation of it.
A.1.2 Please check the Confirmation Invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Confirmation Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits
A.2.1 We reserve the right to alter prices shown in any of our brochures or on our website or in any literature that we send to you and we will inform you of any price changes prior to the issue of our Confirmation Invoice. Once our Confirmation Invoice has been issued then, save in the case of manifest error, any price changes may only be made in accordance with the remaining provisions of these terms and conditions and we particularly draw your attention to the clause A.2.4 below in relation to surcharges
A.2.2 Deposits are normally 50% of the total cost or AUD1,000 (whichever is the greater). Deposits are payable at the time of booking. The balance of the total price must be paid at least 60 days prior to the trip commencing. You will not be confirmed on the trip until we receive the relevant deposit and if the balance is not paid by the due date then we shall have the right to cancel your booking and retain any deposit.
A.2.3 Payment of deposits and final payments can (unless otherwise advised) be made through My account/Make Payment option on our website by Credit/Debit card/internet banking. Payments can also be made by direct credit transfer into our bank account (details of which will be provided to you upon request). Please note that for payments made by credit and debit card a charge of 3% will be added by us to the amount payable.
A.2.4 Changes in transportation costs (including the cost of fuel) duties, taxes, fees, exchange rates or supplier costs mean that we reserve the right to alter the price of your trip even after the issue of our Confirmation Invoice. No alteration shall be made to the price of your trip within 30 days of the trip commencing. We will absorb and you will not be charged for any increase equivalent to 2% or less of the total price of your trip (excluding any amendment charges). You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the total price of your trip (excluding any amendment charges), you will have the option of either:-
A.2.4.1 accepting a change to an alternative trip if we are able to offer it. If any alternative trip arrangements are of higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price, or
A.2.4.2 cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of receiving details of our surcharges If due to changes in costs etc. as mentioned above, the price of your trip goes down by more than 2% of the total price (excluding any amendment charges), then any refund due will be paid to you. However, please note that trip arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your trip due to contractual and other protection in place.
B.1.1 We hope and expect to be able to provide you with all the services we have confirmed to you. However given the nature of our trips and their locations, you are expected to be flexible and accommodate the possibility of alternative arrangements having to be made, even at the last minute and without prior notice. Please note that any published outline itineraries are a guide only, do not form a contractual obligation on us and may be subject to change. In the vast majority of cases any changes will be regarded by us as minor changes. However, if we consider them a "Significant Change" we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a significant change of destination arising otherwise than as a result of circumstances beyond our control.
B.1.2 In the case of a Significant Change before your departure we will provide you with three alternatives:
B.1.2.1 alternative arrangements of equivalent or of very closely similar standard and price, if available, or
B.1.2.2 alternative arrangements of a lower standard together with a refund of the difference in price; or
B.1.2.3 cancel your trip with a full refund of all monies paid.
In all 3 cases, compensation will be paid as detailed in clause D.1 below unless the change occurs as a result of circumstances beyond our control where clause H.1 will apply.
B.2.1 In the unlikely event we need to cancel arrangements we will tell you as soon as possible. However we will not cancel your arrangements less than 30 days before the trip commences unless it is for a reason outside our control as provided in clause H.1. If we have to cancel your trip arrangements we will provide you with three alternatives:
B.2.1.1 alternative arrangements of equivalent or of very closely similar standard and price, if available, or
B.2.1.2 alternative arrangements of a lower standard together with a refund of the difference in price; or
B2.1.3 cancel your trip arrangements with a full refund of all monies paid. Any alternative arrangements or cancellation must apply to all persons included in your booking.
In all 3 cases, compensation will be paid as detailed in clause D.1 below unless the change occurs as a result of circumstances beyond our control (in which case clause H.1 will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause B.2.2 applies.
B.2.2 We regret that some of our trips can only be operated if a sufficient number of people agree to take part and pay all sums due. If there is insufficient demand, we have the right to cancel the trip in question. If we have to do so, we promise we will tell you no later than 30 days prior to the trip commencing. In this situation, you will then have the choice of the options shown in clause B.2.1 together with the option, if possible, of the same trip departing on a different date. Where we cancel for lack of numbers in accordance with this clause B.2.2, no compensation or other amounts (for example, the cost of any flights) will be payable. In the circumstances any flight arrangements should only be made once we have confirmed to you that sufficient numbers have been booked on the trip.
C.1.1 If you want to change your trip in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.
C.1.2 Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we will also apply an administration charge for each item you want to change as shown in the table below together with any further costs we incur, for example with our suppliers, in making any change
Table of Administration Charges for Changes made by You
The costs shown are per change and per person and do not include any further costs that we may incur in making the changes or any charges made by our suppliers for such changes
|Request for change received more than 12 weeks prior to trip commencing||AUD 60|
|Request for change received less than 12 weeks prior to trip commencing||AUD 120|
C.2.1 If you wish to cancel your trip, you must write to us. Unless notice of cancellation is received prior to the issue of our Confirmation Invoice, we will levy a cancellation charge on the scale shown in the table set out in clause D.1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer.
C.2.2 If you are unable to take part in the trip, you may be able to transfer your place to someone else suggested by you and acceptable to us subject to the following:
C.2.2.1 You must write to us with full details of who you would like to go instead. We must receive this information at least 14 days before departure.
C.2.2.2 If the change can be made, you will have to pay an amendment fee of AUD 120 together with any extra costs we incur or are asked to pay in order to make the change.
C.2.2.3 Anyone who takes part in the trip instead of you must agree to these terms and conditions.
C.2.2.4 Please note that scheduled airlines often do not allow any name changes within a certain period prior to departure and generally not at all after flight tickets have been issued.
The following table sets out the sums normally payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your trip arrangements as a result of:-
(a) matters outside of our control when clause H.1 shall apply or
(b) where your booking was accepted "subject to availability" or similar and the trip arrangements are not available
|Period before trip commences in which notice of cancellation or Significant Change is received||Amount you will receive from us if we make a Significant Change||Amount you will receive from us if we cancel||Cancellation Charge if you cancel|
|More than 90 days||Nil||Return of monies paid only||Deposit only|
|More than 60 days but less than 90 days||AUD 10 per person||Return of monies paid plus AUD10 per person||75% of total price|
|More than 30 days but less than 60 days||AUD 20 per person||Return of monies paid plus AUD20 per person||90% of total price|
|Less than 30 days||AUD 30 per person||Return of monies paid plus AUD30 per person||100% of total price|
NOTE "Total Price" means the total price payable by you for the trip excluding any fees payable for any previous changes made by you to the booking.
E.1 If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you compensation.
However we will not be liable where any failure in the performance of the contract is due to:
E.1.1 you; or
E.1.2 a third party unconnected with the provision of the trip arrangements and where the failure is unforeseeable or unavoidable; or
E.1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
E.2 Our liability to you, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost payable to us by you for your place on the trip.
E.3 Should you suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E.4 Our liability will also be limited in accordance with any relevant international convention in relation to the provision of travel or accommodation services which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in such conventions.
E.5 Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst on the trip and which are not included in the price of the trip, are not part of the trip arrangements provided by us. For any such excursion or other tour that you may book, the contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of such excursions or tours or for anything that happens during the course of its provision by the operator even if a member of our staff accompanies the relevant tour or excursion.
E.6 The provisions of clauses E.1 to E.5 inclusive are in addition to any other limitation of liability contained in these Terms and Conditions
E.7 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.
If you have a special request (including dietary requirements), we will do our best to help, but we cannot guarantee it except as set out below. We promise to comply with any special request which we have specifically agreed to and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to departure or should be paid for locally.
All travellers must have 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. When assisting with an international travel/tour booking, we will assume that all travellers on the booking have a valid Australian passport. If this is not the case, you must let us know. 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 (except to the extent caused by fault on our part). If you need information regarding visas, passports and other travel document requirements for your trip, please let your consultant know by email or contact us on 1300 15 10 15. We can provide you with general information on visa and passport requirements that apply to international travel bookings you make with us. Our consultants can also obtain more specific information from an external visa advisory service provider on your behalf (if you wish, we can assist you to obtain visas through this external service and fees will apply).
For online bookings, you can contact an external visa provider such as VisaLink (http://visalink.com.au/) directly. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part). If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance of the trip commencing. Any information provided by us with regard to travel documentation is given in good faith but without responsibility on our part.
F.3.1 We will provide general advice to you as to what vaccinations and other health precautions are usually required for your destination or activity. It is your responsibility to verify such advice with appropriately qualified medical personnel and that you have received any necessary or advisory vaccinations or medication.
We reserve the right to require you to produce evidence of such vaccinations or medication and may cancel, without payment of compensation, your place on the trip if any such vaccinations or medication have not been obtained. It is your responsibility to ensure that you take any necessary medication whether before, during or after the trip. Any health information provided by us is provided in good faith but will only be a general overview of any health hazards and requirements for the trip. In the circumstances any such advice given by us should not be regarded as a substitute for specific and detailed medical advice for you and you should raise any particular concerns with your own doctor
F.3.2 Some of our trips/tours involve strenuous activity in remote regions and it is your responsibility to ensure that you have the necessary level of fitness and health to complete the trip. You may be required to complete a Medical Declaration form and full particulars must be given of any previous or existing conditions that may affect your ability to complete the trip. You may be required to authorise disclosure by us of any such conditions to any medical personnel that we or our suppliers may use in connection with the trip or whilst on the trip. We reserve the right at any time to require you to produce medical evidence of your ability to complete the trip. We reserve the right to cancel your place on or to leave the trip, even if the trip has already commenced, and without repayment of any sums paid or other compensation, should any information on any Medical Declaration form be incorrect.
F.3.3 Whilst on the trip you are required to adhere at all times to the advice and instructions given by staff retained by our suppliers to supply any services which form part of the trip.
F.3.4 Given some of the remote locations of our trips you must be aware that standards of accommodation, hygiene and health and safety precautions are unlikely to be as high as in the Australia and, in the circumstances, there is an increased risk of injury and illness and that medical care standards will not be as accessible or as comprehensive as in the Australia.
F.3.5 If you fall ill or suffer an injury or, in our supplier's opinion, are not able to continue with the trip, we reserve the right, following consultation with you, to require you to either leave the trip entirely or for a period or to not take part in a particular aspect of the trip.
F.3.6 You should be aware that due to the nature of our trips you may be required to share washing facilities and bedrooms/dormitories.
F.4.1 We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel. Our consultants can also obtain general information from an external Travel Insurance service provider on your behalf (if you wish, we can assist you to obtain Travel Insurance through this external service and fees will apply). You can also contact an external Travel insurance provider such as Cover-More (http://www.covermore.com.au/) directly. You must obtain a Financial Services Guide/Product Disclosure Statement relating to the travel insurance product you are considering purchasing and should read that document before making any decision about whether to acquire the product. In order for us to arrange your insurance, you must confirm that you have read and understand the applicable Financial Services Guide/Product Disclosure Statement, and understand the limits on your cover and your duty of disclosure to the insurer. If you decline travel insurance, you may be required to sign a disclaimer.
F.4.2 You are responsible for ensuring that all information provided to any insurance company is correct and not misleading and we cannot be responsible for any problems that may arise as a result of any policy of insurance becoming invalid as a result of any error or omission in respect of such information.
F.4.3 Notwithstanding the above it is your responsibility to ensure that the cover provided is suitable and adequate for the trip and your particular needs.
F.5.1 Whilst we shall endeavour to provide advice on health, safety and security matters before and whilst on the trip, you must accept that you must behave responsibly in relation to your own safety and security and that of others on the trip.
F.5.2 We are committed to responsible and sustainable tourism. In the circumstances you are expected to respect and obey the laws, culture and customs of the destination country, treat others on the trip and locals with respect and courtesy, observe and obey any instructions, directions, advice, rules and regulations given or imposed by us or those organising any particular activities.
F.5.3 You will be personally liable for any damages suffered to property or by us or any third party (including loss of business or reputation)
F.5.4 in the event of you failing to comply with the terms of this clause F.5, we and our suppliers reserve the right in our absolute discretion to require you to leave the trip if your behaviour falls shorts of the standards expected by us and our suppliers. In such circumstances no compensation of any sort (including the return of any monies paid) shall be payable by us and all rights are reserved by us against you.
F.6 Travel Advice
We recommend that you contact the Department of Foreign Affairs and Trade or visit their website atwww.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.
After a booking/request placed on the Website, We will send a booking acknowledgement email to advise you that your request has been received and is being processed. A contract for the flight product arises directly between you and the airline when we send you a confirmation e-mail and itinerary indicating that your booking has been accepted. It is not until you receive a booking confirmation email from us that your seats are booked and paid in full and your booking with the airline is finalised. The onus rests on you to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the airline via us. For each booking there are additional airline flight (or fare) rules which are specific to that flight. They may, for example, state that the ticket is non-cancellable or non-refundable, and have other information relating to itinerary and refunds.
F.6.1.2 Cancellation & Refund Fees
Cancelled bookings will incur charges. These charges can be up to 100% of the cost of booking, regardless of whether travel has commenced. Please check with your consultant if the fare is refundable, as not all fares can be refunded. Fees will apply to all refundable tickets. Refunds take approximately 8 weeks to process. Where we incur any liability for a cancellation fee for any booking cancelled by you, you agree to indemnify us for the amount of that fee or charge.
F.6.1.3 Change & Reissue Fees
Fees will also apply where a booking is changed or tickets are reissued. Please check with your consultant whether the fare is changeable, as not all fares can be changed. Fees will apply to all changeable fares. Where we incur any liability for a charge or reissue for any booking, you agree to indemnify us for the amount of that fee or charge.
Certain taxes are mandatory in various countries. There may also be an additional local tax charged at some airports. All taxes are subject to change without notice.
F.6.1.5 Your responsibility
You are responsible for complying with the airline's rules in relation to check-in times, reconfirmation of flights or other matters. We accept no responsibility for any issue arising due to non-compliance with rules set by the airline. All onward and return flights must be reconfirmed with the relevant airline at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. We also take no responsibility for any flight rescheduling en route.
F.6.2 Flights booked by you
Flights or other travel arrangements to and from the start point of any trip/tour are not included(unless requested) in the costs payable to us and it is your responsibility to arrange flights (if applicable) separately with an appropriate authorised flight agent or direct with the relevant airline or supplier. Any contract in respect of flights or other travel arrangements to and from the start point of the trip will be between you and the relevant supplier, agent or airline. You are required to advise us at least 12 weeks before the start of the trip how and at what time (eg: flight numbers etc) you propose to arrive at the start point for the trip and also update us immediately with any proposed changes. Where we have agreed to supply transfers or "meet and greet" services", we will endeavour to accommodate any late changes or delays but we cannot guarantee the same and will not be responsible for any losses or additional costs that you may incur as a result of any late changes and/or delays in respect of your arrival at any pick up point and in such circumstances you may be required at your own cost to make your own arrangements to join the trip.
If you have cause for complaint whilst on the trip, you must bring it to the attention of our staff immediately (You will provided with direct contact details). They will do their best to rectify the situation. If your complaint is not resolved, please follow this up within 4 weeks of your return home by email to us at email@example.com giving all relevant information. If you fail to follow this simple procedure we may not be able to deal with your complaint.
We will not be liable to pay any compensation if we are forced to cancel or in any way change your trip arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
We reserve the right to take photographs or films of the trip and to use the same in a responsible way in our promotional literature and on our website. We may also reproduce any comments that we receive from you in such literature and on our website unless you do not consent to such use. You will be expected to provide a consent form in respect of the use of your image prior to the trip commencing and if you do not agree to the use of your image for the above purposes then we must be informed prior to the trip commencing.
GOODDAYDEALS has endeavoured to ensure that the information given on our website and in our brochures about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publishing. However, advertised descriptions and facilities and prices may change. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes in the brochure are given for guidance only as there may be changes. Final details will be shown on your tickets. Tour package or excursion itineraries may change or be different from those described as a result of local conditions, weather conditions, annual events. We will endeavour to notify you of any significant changes prior to your departure.. Any other information contained in any marketing or preliminary information is designed to provide a general overview of the types of trips/tours we undertake and the counties visited and should not be regarded a representation forming part of the contract with you.
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of Victoria. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with your use of this Website and terms.
Please note that we generally communicate with our customers by email/phone. By making a booking with us you agree to such communication method being used., Please be aware that the onus is on you to ensure that your email details are kept up to date, that your email system is operating correctly (including checking that any spam filters are not preventing receipt) and that you check for emails from us on a regular basis as we cannot be responsible for any losses or inconvenience suffered as a result of your email system not operating correctly and/or your failure to check email communications regularly.Last updated on 02/09/2016