- 2014 -
Short Getaways
Introducing...
jayes travel women
Short Getaways
Are you too busy to get away on a long holiday? Don’t have time or budget for a long holiday? Or do you just need a short break from the everyday grind of life? At Jayes Travel we have been operating women’s tours for over 4 years. We are excited to now add a variety of short getaways to this unique style of touring. These getaways will provide the perfect quick break from work or the kids - because let’s be honest, you deserve it! Ranging from 3 to 5 nights in duration, these are active trips designed for you to be pampered but also for you to experience a new place. This is everything from pampering day spas to shopping trips, walking treks with a touch of luxury, foodie tours, health retreats or a full blown adventure! Our women’s tours are all based on smaller groups, depending on the destination and the itinerary. Our small group size allows us access to a range of activities, hotels and restaurants that we would otherwise be unable to offer. Our tours are designed to be as inclusive as possible. We include flights, sightseeing, transportation throughout (including transfers from Newcastle, Lake Macquarie and the Central Coast), at least 2 meals a day and accommodation of a high 4 star standard. To us, on these short breaks you should be pampered and experience luxury fit for a royal! This year to launch the program we have three getaways within Australia. Stay tuned for 2015 when we release some exciting International short breaks and more opportunities to experience Australia
Jayes Travel xx
Tropical North Queensland Friday 25th – Monday 28th July 2014 Reef & Rainforest Winter Escape Join Jayes Travel Women on this ALL INCLUSIVE on-the-go adventure, experiencing everything tropical North Queensland is famous for! We will dine in Port Douglas’ most divine restaurants, stay in the luxury boutique QT Hotel, snorkel on the world-famous Great Barrier Reef, explore the stunning Daintree Rainforest and squeeze in some serious pampering along the way!
itinerary Day One // Friday 25th July 2014 Today you will be transferred from your local pick up point, with your JTW companions to Sydney airport where we will begin our FNQ adventure! Arriving in Cairns in the afternoon, we will take the scenic drive along the coast to Port Douglas, arriving with just enough time to chill out with a cocktail before sitting down to a 3 course dinner at QT’s fabulous interactive marketplace Bazaar Restaurant. QT is Australia’s newest, and most exciting, boutique luxury hotel brand. Rooms are stylish, relaxing and fully self-contained in an inspiring open-spaced setting with a contemporary yet quirky tropical feel.
itinerary Day Two // Saturday 26th July 2014 After an early breakfast at QT, we set off on our full day private charter of the World Heritage Great Barrier Reef! We will visit the remote and pristine reefs at the very edge of the outer Great Barrier Reef for a day of snorkelling and/or diving. Morning and afternoon tea will be provided, plus a scrumptious buffet lunch. We will be transferred back to our accommodation in the afternoon, with plenty of time to get ready for an amazing dining experience. Be prepared to be transported into a world beyond your imagination with a magical dinner at Flames of the Forest. Surrounded on all sides by the rainforest, the spectacle of the setting will take your breath away, as you dine on a tropical tasting menu and premium wines. “...It is truly food for your soul, satisfaction for all senses... an unforgettable memory at an extraordinary venue. Flames of the Forest is “Truly magical”, Catriona Rowntree nominating Flames at Number 34 in the Australian Traveller Magazine’s 100 GREAT THINGS TO DO in Australia.
Day Three // Sunday 27 July 2014 Today we set out on our full day tour of the incredible World Heritage Daintree Rainforest and Cape Tribulation where you will discover a timeless world of splendour, with birds, butterflies in amazing lowland rainforest areas and pristine beaches, only found in today’s World Heritage regions. You’ll cruise along Cooper Creek, visit scenic lookouts, rainforest and beaches and stunning Mossman Gorge! Tonight you will enjoy 3 course meal at Port Douglas’ multi award winning On the Inlet Seafood Restaurant. Set right on the water overlooking Dickson Inlet, this magnificent restaurant has breathtaking waterfront views of the Coral Sea, Mossman Ranges and Daintree National Park. A winning combination of the freshest local seafood and a deliciously tropical cocktail list will make this a night to remember.
Day Four // Monday 28 July 2014 After two full days of reef and rainforest adventures, our final day will be a little more relaxed! Starting with a leisurely breakfast, you’ll be pampered with a 1 hour massage or facial at the luxurious SpaQ. With soothing refreshments, smooth tunes, a stylishly vibrant look, and an awesome team of spa specialists, SpaQ takes a playful approach to feeling well and looking great. With the help of natural spa product creator Uspa, their mission is to help you shine! Once again, we will take the scenic drive back down along the coast to Cairns where we will depart midafternoon for our flight back to Sydney, followed by transfers back to your original drop off point.
Total Cost // $2,400.00 twin share per person // Single supplement $450.00 // Deposit $200.00
Includes // Transfers from Newcastle to Sydney (pick up points - Maitland, Newcastle, Charlestown, Central Coast, North Shore, Kings Cross). // Return flights with Qantas (refreshments and luggage included) // Return private transfers for the group from Cairns to Port Douglas // 3 night’s accommodation at the luxury QT Hotel Port Douglas // 3 breakfast, 2 lunches and 3 dinners // Private day tour on the Great Barrier Reef // Private day tour of Cape Tribulation // 1 hour massage or facial at QSpa Contact us for more information! 1300 891 100 // jayestravel.com.au jtwomen@jayestravel.com.au
MELBOURNE Friday 31st – Monday 1st November 2014 Shop, Dine and Explore beautiful Melbourne It’s time to frock it up ladies! It’s spring racing carnival and we will be in town to celebrate iconic black & white Derby Day. Plus we will explore the laneways and arcades of the city, dine in fabulous restaurants and have plenty of time to shop and pick up some wardrobe summer staples. With signature 5 star accommodation at the Langham Melbourne this is the perfect weekend of fun, food and style!
itinerary Day One // Friday 31st October 2014 Today you will be collected from your local pick up point, and transferred with your JTW companions to Sydney airport, where we will embark on our flight to Melbourne. After a short flight with Qantas we will be transferred to our incredible accommodation for the next 3 nights - The Langham, Melbourne. Within The Langham, Melbourne you will discover a world of modern yet timeless elegance. The Langham is lauded among luxury Melbourne accommodation for its ‘service with poise’ and natural sense of sophistication. Its commanding position along the renowned Southbank Promenade overlooks the tranquil Yarra River and offers panoramic city views. Our ‘Club Rooms’ at the Langham are set to make this weekend an experience to remember. With an exclusive check in experience, complimentary broadband access and all day coffee and pastries...these are just a few of the added
benefits of our stay! Just so that you are ready to look your best at Derby Day, the hotel will even press 3 garments per person on the day of arrival. Have you ever been to a city and wondered what all the fuss was about? Or wasted time trying to find that cool local café you were told about and ended up missing everything else on offer? With JTW we will start our Melbourne experience in small groups as we discover Melbourne’s Lane and Arcades. With local guides, it is the ideal way to discover and learn about the enchanting Melbourne. We unveil local designers and specialty retailers that often are only found in the city. We reveal some of the quirkiest cafes, independent designers, street art, architecture, with historical tales of Melbourne along the way. Afternoon tea/coffee is included, along with a Hidden Secrets Tours souvenir bag, bottled water, map and special offers from local retailers. We will return to the hotel for canapés and aperitifs, before heading to a local restaurant for our highlight welcome dinner.
itinerary Day Two // Saturday 1st November 2014 This is what the tour is all about – AAMI Victoria Derby Day! Considered by many to be the most prestigious day of the Melbourne Cup Carnival, AAMI Victoria Derby Day embodies a world of glamour and sophistication – only to be matched by an impressive day of all black type races. The fashion stakes are equally high with the commencement of the Myer Fashions on the Field competition for women and men. This is the day for classic elegance, which sets the pace for the entire week. Traditionally, black and white has been a prominent colour scheme for women so make sure you start planning your outfit We will include transfers to/from the event, and access to both The Precinct and a reserved seat in the Lawn Stand. The Precinct is the perfect place for racegoers to immerse themselves in the social atmosphere the Carnival has become renowned for.
their philosophy is to keep things simple. They source the best fresh and flavoursome produce from Greece and Melbourne to create authentic recipes in a clean, modern style. This is sure to be a night to remember.
Day Four // Monday 3rd November 2014 Before we head home and back to reality, everyone will have a pampering session at the Chuan Spa. It is a haven for renewal, relaxation and wellbeing. You will be able to choose from a 1 hour massage or facial. There will be time to relax at the hotel or explore more of the city before we are transferred back to the airport for our flight to Sydney. Lunch is not included today but at the Langham there is all day tea, coffee and pastries available as a snack before we leave for the airport. After our short Qantas flight to Sydney you will be transferred through to our local drop off points.
A private, well-enclosed area The Precinct offers: •
A selection of gourmet style food and beverages available for purchase
•
Superscreen viewing of the races
•
Betting and bookmaker facilities
•
Tables, chairs and market umbrellas
•
Live entertainment between races
A smart dress code applies to all Precinct ticket holders and as it is an outdoor enclosure, it is subject to weather conditions. The Precinct does not overlook the track, however your reserved seat in the Lawn Stand will provide you with track and Winning Post views.
Day Three // Sunday 2nd November 2014 After a big few days, today take time out to enjoy the city at your leisure. Armed with all the information from our laneways tour, further explore the boutiques and shopping that Melbourne is famous for. Or perhaps head out to St Kilda and enjoy a day exploring the markets and the beach. This afternoon you may wish to return to the hotel early as a traditional afternoon tea will be served in the Club Lounge. This evening we will gather back together to share our days adventures with canapés and aperitifs at the Langham. Following we will be transferred to the north side of the city for dinner at Hellenic Republic. Since renowned chefs George Calombaris (Masterchef) and Travis McAuley opened the doors in 2008, they have been serving traditional Greek food with a modern twist - in a taverna setting that’s as bustling and friendly as Mama’s house. When it comes to Greek cuisine,
Total Cost // $2,150.00 twin share per person // Single supplement $550.00 // Deposit $300.00 per person
Includes // Transfers from Newcastle to Sydney (pick up points - Maitland, Newcastle, Charlestown, Central Coast, North Shore, Kings Cross). // Return flights with Qantas (refreshments and luggage included) // Return Airport Transfers in Melbourne // 3 nights accommodation at the Langham Melbourne in Club Rooms // 3 breakfasts, 3 dinners // Private Walking Tour of Melbourne // Derby Day Transfers and Admissions // 1 hour massage or facial at signature Chuam Spa Contact us for more information! 1300 891 100 // jayestravel.com.au jtwomen@jayestravel.com.au
TASMANIA Thursday 4th – Sunday 7th December 2014 Luxury mini trekking through Cradle Mountain Come with us on a mini wilderness adventure, peppered with pampering, luxurious accommodation and degustation dining in one of Australia’s most spectacular World Heritage areas! We’ll take guided walks through button grass plains, temperate rainforests, alpine meadows and open moorlands. Indulge in some pampering along with wine and cheese tasting in the stunning Cradle Mountain Lodge. We’ll get up close and personal with the endangered Tasmanian Devil, visit honey and raspberry farms, art galleries and chocolate factories.
itinerary Day One // Thursday 4th December 2014 Home - Deloraine – Honey Farm – Sheffield – Cradle Mountain Today you will be collected from your local pick up point, with your JTW companions to Sydney airport, where we will embark on our flight to Launceston. On arrival at Launceston airport, we will be greeted by our friendly Tasmanian coach captain and board our luxury touring coach. We’ll travel along the old Bass Highway through the small villages of Westbury and Deloraine, taking in the beautiful scenery along the way. We will stop at Chudleigh Honey Farm for tasty samples and an opportunity to view thousands of bees going about their business of making honey (all safely behind glass!). After winding through the deep valleys to the town of Sheffield, we will stop and admire the evocative out-door art gallery where locals have recorded the region’s history in wonderful murals throughout the village. On arrival at Cradle Mountain, we will check into the magnificent Cradle Mountain Lodge and relax before our welcome dinner.
itinerary Day Two // Friday 5th December 2014
Day Four // Sunday 7th December 2014
Guided Walk – Spa Treatment – Devils@Cradle
Burnie – Penguin – Ulverstone – Home
Cradle Mountain forms the northern end of the wild Cradle Mt - Lake St Clair National Park, itself a part of the Tasmanian Wilderness World Heritage Area. This morning we will take a 2 hour bush walk, starting along the boardwalk past fields of button grass, Lake Lilla and Wombat Lake, before heading up the side of the crater wall. The climb is reasonably easy, on a well-graded gravel track, with only a few steep sections. About halfway to Crater Lake the terrain changes completely, and you enter a section of dense, wet rainforest growing along Crater Creek. Following raised boardwalks above the forest floor, the track climbs up the side of the creek, taking you within a few metres of moss-covered waterfalls and rock pools at Crater Falls. Leaving the rainforest you complete the last section of the climb to Crater Lake, with its dark waters and steep walls carved by glacial ice. As we immerse ourselves in this region, we’ll breathe the purest air on the planet. We return to the lodge for lunch and in the afternoon we’ll be pampered with a spa treatment in the award winning Waldheim Spa! After dinner tonight, we will get up close and personal with the endangered Tasmanian Devil, as we help the keepers at feeding time at the Devils@ Cradle sanctuary.
Today we depart Cradle Mountain and travel to the beautiful North West Coast. We will take the scenic coastal route through Penguin and Ulverstone to visit The House of Anvers, where we will have the total chocolate experience! We’ll see qualified confectionery staff tempering, moulding and enrobing fine couverture chocolates, truffles, pralines, fudges and more, and of course we will get to taste! Afterwards, we will continue on to Ashgrove Farm where we will taste and have the opportunity to purchase award winning cheese to take home! Just up the road, we’ll drop into the Christmas Hills Raspberry Farm for lunch before travelling to Launceston Airport for our journey home.
Day Three // Saturday 6th December 2014 Guided Walk – Wine & Cheese Tasting – Degustation Dinner After breakfast this morning, re-enter the national park to take a beautiful walk 6km around Dove Lake. The flat, gravel and duckboard track is very easy going, leaving you to focus entirely on the jagged peak of Cradle Mountain, which looms above the track. Depending on the weather, which switches from snow to sleet to sunshine in seconds, Cradle Mountain can seem brooding or pastoral or inviting, and some days its twin dolerite spires are completely obscured. Along the way, there is a greater mix of terrain than one might expect for a walk of this distance, including scrubby button grass, sandy beaches, cascading streams and at the midpoint of the walk, a very special rainforest known as the Ballroom Forest. This enchanted stand of moss-covered myrtle-beech trees is the stuff of folk stories, and it is easy to picture magical creatures playing amongst its leaves. After our walk, we return to the lodge for lunch. In the afternoon, relax, while tasting hand crafted wines and boutique cheeses in the lodge cellar. This evening enjoy a fabulous Tasmanian dining experience with a five course degustation menu using local produce to complement some of Tasmania’s finest wines.
Total Cost // $1,990.00 twin share per person // Single supplement $450.00 // Deposit $200.00
Includes // Transfers from Newcastle to Sydney (pick up points - Maitland, Newcastle, Charlestown, Central Coast, North Shore, Kings Cross). // Return flights with Qantas (refreshments and luggage included) // Return private transfers for the group between Launceston to Cradle Mountain // 3 night’s accommodation at the luxury Cradle Mountain Lodge // 3 breakfast, 3 lunches and 3 dinners (including 5 course degustation) // 2 x guided walks around Cradle Mountain and Dove Lake // 1 hour massage or facial at Waldheim Spa Contact us for more information! 1300 891 100 // jayestravel.com.au jtwomen@jayestravel.com.au
Terms and Conditions between JAYES TRAVEL SERVICES PTY LTD ACN 127 787 455 C/- Suite 4/24 Honeysuckle Drive, Newcastle, New South Wales 2300, and JAYES TRAVEL WOMEN PASSENGERS.
Liability
The client warrants to the principal that services will not be requested by it unless it has the capacity to pay the invoice amount(s) of the principal from time to time; and
10.
(v)
The client will notify the principal in writing immediately upon any change in the ownership, structure, and/or constitution of the client.
(i)
B: The client has agreed to use the services of the principal, and the principal has agreed to provide those services on the terms and conditions set out in this agreement.
4.
Employees and Contractors
To release, and indemnify, the principal, its’ officers, employees, servants and agents from and against any loss, claim, damage or liability whatsoever whether in contract or tort, arising out of or in any way connected with this agreement, including without limitation, any consequential loss to the fullest extent permitted by law; and
Operative Part
(i)
The principal may use the services of its’ employees, and engage subconsultants, and subagents to assist the principal with the provision of its’ services to the client; and
(ii)
To the extent permitted by law, and to the extent, if any, that the limitations of liability contained in this clause are invalid or ineffective, the entirety of any liability of the principal for any such claims are limited to :
(ii)
The client must at no time either directly, or indirectly, endeavour to entice away from the principal, any person or organisation that is an employee, customer or contractor of the principal or any of its’ related entities.
5.
Payment of deposit and balance monies by the client
A: The principal is in the business of, amongst other things, the provision of various travel services for its’ clientele.
1.
(iv)
The principal and the client agree that:
Definitions and Interpretation In this agreement, the following definitions and interpretation apply:
(i)
“principal” means Jayes Travel Services Pty Ltd ACN 127 787 455, or any of its’ related entities, including body corporates;
(ii)
“client” means the individual passenger travelling on a Jayes Travel Women Tour;
(iii)
“services” means those business functions outlined herein;
(i)
Payment of the deposit is payable upon submission of a booking form to the principal by the client as outlined herein
(iv)
“related body corporate” has the same meaning as defined in the Corporations Act 2001 (Commonwealth);
(ii)
Any deposit paid by the client to the principal is strictly non-refundable;
(v)
“relevant jurisdiction” means the Australian state or territory jurisdiction in which work is undertaken in accordance with relevant assignment to be performed; “confidential information” means all information relating to the principal, including, but not limited to, trademarks, trade names, patents, copyright, trade secrets, drawings, know how, techniques, source and object codes, business and marketing plans, projections, arrangements and agreements with third parties, customer information and customer information proprietary to customers, formulae, customer lists, concepts not reduced to material form, designs, plans, models, commercial information, information about the dealings and personal financial affairs of the individual directors or proprietors of the principal company, and any other information relating to the principal”;
(iii)
The balance payment becomes payable by the client to the principal, no later than 45 days prior to the departure date;
(iv)
Should the client fail to pay the balance in full to the principal within the time-frame as prescribed at 5(iii) above, the principal is at liberty to cancel the client’s travel arrangements and in this event, the client will not be entitled to a refund in respect of any monies paid to the principal by them up to and including the date of default;
(vi)
References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(vii)
Words denoting the singular include the plural and vice versa; words denoting individuals or persons include bodies corporate and vice versa; references to documents or agreements also mean those documents or agreement as changed, novated or replaced, and words denoting one gender include all genders;
The principal and the client agree that:
(v)
Parties must perform their obligations on the dates and times fixed by reference to the capital city of the state of New South Wales;
(x)
Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
(xi)
If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
(xii)
Further details of fees, charges and details concerning itineraries are more particularised and outlines at Annexure “C” herein.
6.
GST
(i)
In addition to, and at the same time as paying the remuneration or other consideration, the client must also pay to the principal an additional amount representing GST; and
(ii)
“GST Act” means the New Tax System (Goods and Services Tax) Act 1999, associated acts and regulations and includes any act or regulation which amends or replaces them. The terms used in this agreement which are defined in the GST Act have that defined meaning.
7.
Retention of Title All materials and services provided by the principal under this agreement remain the property of the principal, until:
(i)
Such time as all outstanding amounts from time to time under this agreement have been paid in full by the client; and
2.
Term
(ii)
(i)
The principal and the client agree that:
The client agrees that it cannot claim any lien, mortgage or charge over materials and services outlined herein until such time as all such amounts have been paid in full by the client.
8.
Confidential information
Itineraries may be varied from time to time at the absolute discretion of the principal.
3.
Duties
The client shall not at any time or for any reason, whether during the term of this contract or after its termination, divulge any confidential information of the principal to any third party, and they hereby indemnify the principal, and any of its’ related entities, against any loss or damage they may suffer as a result of the breach of confidentiality.
The Principal and the client agree that: (i)
The principals’ responsibilities are more particularized and outlined at annexure “A” herein;
(ii)
The clients’ responsibilities are more particularized and outlined at annexure “B” herein;
(iii)
By the signing of a Jayes Travel Women Booking Form the client agrees: (1) To engage the services of the principal; (2) To be bound by these terms and conditions of trade; and (3) Warrants to the principal that the information provided herein is true and correct.
9.
Intellectual Property
(i)
The client acknowledges that all intellectual property in all materials and services of the principal, or its’ servants or agents, in the course of fulfilment of the principals’ obligations herein, are the absolute property of the principal, and that the client shall do all things and sign all documents that may be necessary to vest such intellectual property in the principal; and
(ii)
The client irrevocably appoints the principal to be the client’ attorney to do all things and sign all documents that may be necessary to vest such intellectual property in the principal.
Joint and Several Liability If any Party to this Agreement consists of more than one person, then:
(i)
Each liability or obligation imposed on that Party is a joint and several liability or obligation in respect of each person constituting that Party;
(ii)
Each right given to that Party is a right given to each person severally; and
(iii)
Any representation, promise, warranty or undertaking made in respect of this Agreement made by one or more of them binds all of them jointly and severally.
12.
Privacy Under Privacy legislation, the client and the Guarantors, agree that the principal may give and seek from credit providers, auditors, accountants, banks and any credit providers named in a credit report by a credit reporting agency, information about the clients’, or the Guarantors’ credit arrangements. The client and the Guarantors understand that this information can include any information about the clients’ and/or the Guarantors’ creditworthiness, credit standing, history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy legislation.
13.
Termination
(i)
The principal may terminate this Agreement without incurring any liability to the client, if the client: (1) Fails to make a payment due to the principal under this agreement by the due date (2) Is guilty of wilful neglect in the discharge of its’ duties under this agreement; (3) Becomes bankrupt, goes into liquidation, or makes any assignment, arrangement or composition with creditors, on the happening of the event; or (4) Becomes of unsound mind, on the appointment of a guardian; (5) Breaches any obligation which is imposed on the client under this agreement; or (6) Is convicted of any criminal or civil offence on conviction, other than an offence which, in the reasonable opinion of the principal does not affect the clients’ ability to perform its’ obligations under this agreement.
To the extent that any services or any other supplies made or performed under this agreement are or become a Taxable Supply, or otherwise subject to GST:
(xiii) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
(ii)
11.
In the event of the client failing to pay accounts on time, the client agrees:
(vi)
References to a party are intended to bind their executors, administrators and permitted transferees; and
This agreement will commence immediately upon the client completing and executing a booking form;
(1) Provision of the relevant services again by the principal to the client; or (2) Payment of the actual costs of providing the relevant services again during the period in which the liability arises.
(1) To pay to the principal legal costs and disbursements on a solicitor and client basis, for any action necessary to enforce or preserve the rights of the principal under this agreement; and (2) That the principal may suspend its’ obligations under this agreement until such time as all such amounts outstanding have been paid in full by the client.
(viii) Grammatical forms of defined words or phrases have corresponding meanings; (ix)
The client agrees:
(ii)
Termination of the agreement will not prejudice any rights or remedies already accrued to the principal under, or in respect of any breach of this agreement; and
(iii)
After termination of this agreement the client must immediately deliver to the principal all documents relating to any confidential information and intellectual property prepared by the principal or any other person and any equipment, or other devices owned by the principal in the possession of the client.
14.
Dispute Resolution
(i)
If a dispute arises out of or relates to this Agreement (including any dispute as to breach or termination of the Agreement or as to any claim in tort, in equity or pursuant to any statute), neither party may commence any court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief;
(ii)
Notice specifying the nature of the dispute: (1) The party to this Agreement claiming that a dispute has arisen under or in relation to this Agreement must give written notice to the other party to this Agreement specifying the nature of the dispute; and (2) On receipt of the notice referred to in this clause by that party, both parties must endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.
(iii)
(iv)
15.
ANNEXURE “A” - PRINCIPAL RESPONSBILITIES
Mediation: (1) If the client and the principal do not agree within seven days of receipt of the notice (or such further period as agreed in writing by them) as to: (a) the dispute resolution technique and procedures to be adopted; (b) the timetable for all steps in those procedures; and (c) the selection and compensation of the independent person required for such technique, then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the state of New South Wales. The president of this professional association, or the presidents’ nominee, will select the mediator, and determine the mediators’ remuneration.
1.
To appoint a representative to accompany the client from the beginning until the end of the travel arrangements;
2.
The representatives’ main role is to communicate with the local tour operators, hoteliers and airlines, together with the client to ensure the tour runs smoothly, and schedules are met; and
3.
The representative is also responsible for reconfirming all arrangements, checking all passengers into their rooms and flights, and looking after all travel documentation.
4.
The principal undertakes to take reasonable steps to noise levels and odours on tour, and the principal will not be liable for any such issues that may arise;
Proceedings:
5.
If the mediation referred to above is not completed within four weeks of reference to a mediator, either party may commence any court or arbitration proceedings relating to the dispute as they see fit.
Whilst photography services may be provided, the principal cannot guarantee that every scene or feature in tour brochures will be available on each tour, and accepts no liability for such issues;
6.
The principal will use reasonable endeavours to ensure that smoking areas and times will be available on tour, and the principal accepts no liability for such issues. Smoking is not permitted on coaches, not other designated places from time to time.
Legal advice The parties acknowledge that they may obtain independent and separate legal advice about the meaning and effect of this agreement, and agree that its’ terms and conditions are fair and reasonable.
16.
1.
A communication required by these terms and conditions, by a party to another, must be in writing and may be given to them by being:
Accepting the principal tour routes, selection and booking of hotels, and selection of sights and events to participate in;
2.
The client understands that at any time during the tour, they can simply opt not to participate in activities, or even entire days. In that event, the client needs to advise the representative of the principal;
3.
Any activities which are included, but not used by the client, are at the clients’ loss, and no refunds will be given;
4.
The principal can cater for most special dietary requirements. It is the client’s responsibility to advise the principal of any such requirements. However, due to factors including remoteness of location, suppliers not be able to supply the specified foods, and the principal accepts no liability for such issues;
5.
Each party agrees to pay their own legal costs and disbursements associated with the execution of these terms and conditions and the date of acceptance of the terms and conditions will be the date on which the client completes and executes a booking form.
It is strongly recommended that the client arrange for travel insurance to protect them for such things as costs of cancellation before a tour commences, and during the tour, stolen luggage, extra accommodation, flying home and health issues;
6.
If the client is dissatisfied with any aspect of the tour, they must undertake dispute resolution procedures outlined in this agreement;
Variation
7.
Medical services cannot be provided on tour, though they can be provided at the clients’ own expense, and the client will need to consult with the tour guide in the event these services are required. The principal accepts no responsibility, nor liability for the provision of medical services provided. and
8.
The client is also required to be able to undertake activities including walking and hiking. In that regard, clients’ are required to complete a medical declaration, which is a legal document, and if not completed honestly and correctly, the client may be requested to not participate in certain activities, and if so, any costs to join the tour group elsewhere at the clients’ own expense.
Delivered personally; or
(ii)
Posted to their address specified in this agreement, or as later notified by them, in which case it will be treated as having been received on the second business day after posting; or
(ii)
Faxed to the facsimile number of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending; or
(iv)
Sent by email to their email address, when it will be treated as received on that day.
17.
18.
Legal Costs
No modification of this Agreement will be effective unless it is in writing and signed by both parties. 19.
Waiver The failure, delay, relaxation or indulgence on the part of any party exercising any power or right conferred on that party by these terms and conditions does not operate as a waiver of that power or right, nor does the single exercise of any power or right preclude any other or further exercise of any other power or right under this agreement.
20.
21.
Entire Agreement
22.
23.
ANNEXURE “C” – FEES, CHARGES AND ITINERARY DETAILS
This document, including any attachments, is the entire Agreement between the parties. The parties to this agreement hereby agree that a warranty, representation or guarantee, or other term or condition of any nature not contained or recorded in this agreement is of no legal force or effect.
1.
The principal will provide the client with the most up to date itinerary prior to departure. However, unforeseen circumstances may require last minute alterations to the itinerary;
Severance
2.
Itinerary changes are always made in the best interest of the group as all itineraries are subject to change;
3.
The parties acknowledge that the relationship created by this agreement is that of principal and client, and not any other relationship, and, in particular, not the relationship of employer and employee, or a relationship of partnership, and neither party has the authority to bind the other.
The principal reserves the right to cancel or reschedule any tour departure in accordance with operating requirements (minimum numbers). At least 30 days’ notice will be provided to the client in that event. Should this occur, the principal will offer the client an alternative arrangement. If there is a difference in the cost, this will be at the clients’ expense. If the client does not accept that proposal, the transaction will be treated as concluded by mutual agreement, funds paid by the client to the principal and the principal will incur no legal liability beyond the refund to the client.
4.
Governing Law This Agreement is governed by the laws of the state of New South Wales Australia, and the parties submit to the non exclusive jurisdiction of the courts of that state.
The principal takes no responsibility for other persons sleeping habits, or behaviour in the event rooms are shared. Should the client be concerned about such issues, a single room would be recommended.
5.
Items not included in travel fees include, but are not limited to:
If any provision of this agreement is invalid and not enforceable in accordance with its’ terms, other provisions which are self sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
6.
Relationship of the parties
(a) Costs associated with the client obtaining and maintaining a current passport for travel; (b) Any meal which is not included on the itinerary;
Reservations and Payments: (a) In order for a client to secure a reservation, they must provide to the principal a completed booking form; (b) Upon receipt of the booking form by the principal, the client has 7 days in which to pay a non-refundable and non-transferable deposit to confirm the client’s booking; (c) The balance payment (that is the total tour cost less deposit) is payable by the client to principal no later than the date as indicated on the confirmation letter issued by the principal to the client and/or no later 45 days prior to the travel departure date; (d) Payments can be made by the client to the principal by Electronic Fund Transfer (“EFT”), cash, cheque or credit care. (e) Any payments made by the client to the principal by credit card will incur additional fees.
7.
Cancellations and cancellation fees: (a) Travel arrangements can only be cancelled by the client providing the principal by way of written notice; (b) If such notice is provided to the principal by the client before the balance payment is made, the principal will retain any deposit which has been paid to them by the client; (c) If the deposit and/or the balance payment have not been made by the client to the principal by the date as indicated on the confirmation letter provided by the principal to the client, or at least 45 days prior to departure, then the principal reserves the right to cancel the client’s reservation; (d) If a client’s reservation is cancelled within 45 days of the departure date, then the client will forfeit all monies paid by them to the principal as at the date of cancellation.
ANNEXURE “B” – CLIENT RESPONSIBILITIES AND WARRANTIES
Notices
(i)
(c) Any drinks which are not included on the itinerary; (d) Costs of the clients obtaining vaccinations; (e) Client’s spending money; and (f) Other incidentals.
8.
Changes to booking details associated with incorrect personal details: (a) The client must provide to the principal their personal details, including their name and date of birth, exactly as they appear on their passport upon booking; (b) Should the client provide incorrect personal details to the principal, the client becomes liable to pay to the principal a change of details fee in the sum of $35.00 on demand by the principal; (c) Should a client not provide to the principal their personal details, exactly as they appear on their passport, there may be additional fees charged by third parties, including but not limited to airlines and hoteliers.
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