TERMS & CONDITIONS

These Booking Conditions set out the terms on which you contract with Journeys & Africa. 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 of the travel arrangements. We reserve the right to change these Booking Conditions at any time prior to you making a booking.

SERVICES

Where we sell another operator’s tour

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. Our obligations to you are limited to arranging for you to enter a contract with the principal operator for the delivery of the tour.
Where we sell travel arrangements as principal
Where we sell travel arrangements as principal, we commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of any travel arrangements which we directly control.

MAKING A BOOKING

A booking request is accepted when we issue a written booking confirmation, and you pay your deposit. It is at this point that a contract between Journeys & Africa and you come into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of Journeys & Africa 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, proposals were accurate based on prices and exchange rates at the time of printing or publication. We reserve the right to adjust published prices prior to you making a booking 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 then current prices.

The price includes accommodation, transportation, and other inclusions as per the published itinerary.

Unless otherwise stated, flights, visas, airport taxes, port taxes, city taxes, security charges, airport transfers, items of a personal nature, laundry, additional beverages, and consumables are not included in the tour price.

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.
We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.

PAYMENTS

A non-refundable deposit of 20% of the booking value 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.

The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is nonrefundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).

Depending on your booking you may be requested to pay for your airfares (if included in the package price) in full or a higher deposit value may be requested to confirm your booking.

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 60 days before commencement of your trip.
If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.

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 90 days before commencement: Deposit only
⦁ Between 89 – 60 days before commencement: 25%
⦁ Between 59 – 30 days before commencement: 50%
⦁ Less than 30 days before commencement or no show: 100% less any amounts designated as payable to third parties specifically to deliver your travel arrangements which the third party agrees are no longer payable*
* as we will be subject to third party terms and conditions, we make no guarantee that any third party will agree that amounts are no longer payable
You agree that these cancellation charges are reasonable and required to protect the legitimate business interests of Journeys & Africa

CANCELLATION BY US

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”).
Force Majeure – Prior to travel
If:
⦁ in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or

⦁ you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions then we may:
⦁ reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or

⦁ cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:
⦁ issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 12 months of issue against any travel services offered by us; or
⦁ refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable thirdparty costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.

Force Majeure – During travel

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

Force Majeure – General

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.
We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance, and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid your deposit.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.

To the fullest extent permitted by law, we will not be responsible to you for any other expenses or loss you incur resulting from 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 per person 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

Prior to travel
Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall characteristics or value of the trip (where we determine it can still proceed), then we will notify you and refund you an amount attributable to the reduction in value determined by us acting reasonably.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.
General
To the fullest extent permitted by law:
⦁ we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

⦁ if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and

⦁ we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.

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.

HEALTH REQUIREMENTS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the journey of your choice. If you suffer from a medical condition which may impact your ability to participate on a tour, then you must advise us at the time you make your booking request.
Journeys & Africa reserves the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance that we or our suppliers 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 within 7 days after we confirm your booking. We will endeavour to communicate your requirements to relevant suppliers. However, 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:
⦁ an airline or other common carrier refuses you carriage.

⦁ a hotel or vessel refuses to accommodate you; or

⦁ Journeys & Africa (acting reasonably) excludes you from travel arrangements and you are consequently prevented from commencing or continuing your travel arrangements,

then:

⦁ if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements. This will be at your cost.

⦁ if you have not commenced your trip, we regret we will not be in a position to provide such assistance.

You acknowledge that if you are prevented from commencing or continuing your trip in these circumstances:

•Journeys & Africa 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; and

⦁ Journeys & Africa disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you because of you being prevented from commencing or continuing your travel arrangements 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 as cancellation fees apply from that time. 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.

ACCEPTANCE OF RISK

General
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept inherent personal risks associated with your travel.
Covid-19
You acknowledge that you are travelling at a time when Covid-19 is endemic, and that Covid-19 presents risks to your health and may cause death. By making a booking request, you accept all risks associated with Covid-19 infection during travel and you release us (and our directors, officers, employees, and suppliers) from liability in connection with Covid-19 infection.

COMPLAINTS

In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Making a complaint does not guarantee any outcome.
If you fail to follow this procedure, this may limit your rights to make a claim.

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 because you decide to leave the tour early.

INDEPENDENT SERVICES

Journeys & Africa 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

Where we sell another operator’s tour

We will tell you if we are selling a tour as agent for the principal operator. Where we sell a tour as agent for the principal operator, you agree that our responsibility to you is limited to arranging for you to contract with the principal operator for the supply of the tour. You agree that you will be subject to the principal operator’s booking conditions, and that any claim in connection with the supply (or failure to supply) the travel arrangements that form part of your tour must be made directly against the principal operator. Journeys & Africa will in no way be responsible for the actions or failures of the principal operator or any person engaged by the principal operator. You warrant that you will not bring a claim against us in this regard.
Where we sell our own tour

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 taking reasonable steps to select a reputable Independent Supplier arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include airlines, railway and cruise operators, hoteliers, venue and attraction operators, restaurants, and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the 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.

Recreational services

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by our reckless conduct.

Recreational services mean services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment, or leisure.

General liability limitation

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we fully limit or exclude the Consumer Guarantees possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
To the fullest extent permitted by law, our maximum liability 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 them 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 Journeys & Africa 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 Journeys & Africa 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 Journeys & Africa incurs if this is not the case.

GENERAL

The contract between you and Journeys and Africa Pty Ltd trading as Journeys & Africa is deemed to have been made in the State of Queensland, Australia, and shall be governed by the laws of Queensland. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.

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.