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TERMS & CONDITIONS

Untamed Safaris’ Terms & Conditions

The www.untamedsafaris.com.au website (including any redirections to or

from www.untamedsafaris.com.au ) (the “Site”) is owned and operated by Untamed Safaris ABN 54 367 649 434.  In these booking terms and conditions the expressions “Untamed Safaris”, “we”, “our” or “us” include Untamed Safaris (ABN 54 367 649 434) and entities that assist or participate with Untamed Safaris in the provision of the services it agrees to provide (where the context permits, including its and their employee and agents) and the expressions “you”, “your”, “client” or the “passenger” include a person seeking or requiring the services offered by Untamed Safaris, all other persons (if any) included with that person in the booking and that person’s or those persons’ travel agent (if any).

1. TERMS AND CONDITIONS

Please carefully read and ensure you understand the following terms and conditions. You must not make any booking unless you understand and agree with the following terms and conditions.

2. TRAVEL PRODUCTS AND AVAILABILITY

By requesting a quote for or booking any services or products (“Travel Products”),

you (if booking directly or through a travel agent) and your travel agent on your behalf (if booking through a travel agent) acknowledge and confirm that you have read our booking terms and conditions, that you accept them without reservation as constituting the entire agreement between you and us which cannot be varied other than by an officer of Untamed Safaris in writing.

Bookings of all Travel Products we arrange are provided by suppliers we believe to be reputable and to operate in accordance with the standards set down by their own local authorities. Those Travel Products are provided subject to those suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to persons and/or effects) and we accept no responsibility for them nor do we make or give any warranty or representation as to their standard, quality or fitness for any particular purpose. Any legal recourse you may have in respect of those Travel Products is against those suppliers and not against us.

We recommend all passengers take out adequate travel insurance for the duration of their travel.

All Travel Products shown on our Site may be booked, subject to availability at the time of booking.

Considerable care has been taken to compile the information on our Site but circumstances outside of our control may necessitate changes in itineraries or accommodation (e.g. bad weather, hotel being damaged etc.). We reserve the right to cancel or reschedule departures and itineraries if required by circumstances beyond our control. Where it is necessary to change a hotel, we will endeavour to substitute accommodation of no lesser standard.

3. PRICES ON THE SITE

We endeavour to ensure the accuracy of all prices displayed on the Site. Prices are:

(a)    specified in Australian dollars (unless stated otherwise) and are subject to change without notice;

(b)    indicative only and subject to change until all of your booking details have been provided to us, we have confirmed your booking and you have paid in full; and

(c)    for the number of persons, items or time periods and on the conditions stated on the relevant page of the Site.

 

“FROM” PRICES

The expression “from” with respect to a price means the lowest price for the Travel Product we believe is available at the time of publication, based on information we have received from suppliers.

 

TAXES, CHARGES AND CURRENCY FLUCTUATION

All Government taxes and charges imposed by suppliers or third parties (including ticketing fees and airline fuel surcharges) are payable by you and are subject to change. If there are any increases in such taxes, charges or supplier rates or any currency fluctuation which increase the price of your booking, we reserve the right to change the price you must pay by including the additional charges or amount (together with any applicable service fee and GST) at any time prior to and including the date of your departure, even if we have received full payment from you.

 

We will notify you of any such price changes that result in your travel arrangements being materially different from those prior to the change being effected and in respect of which we have already accepted your deposit or full payment. If so, and you do not wish to alter your travel arrangements, you may cancel them and the monies you have already paid, less any charges levied by suppliers, will be refunded. Any refund will be calculated at the currency exchange rate that applied when your booking was confirmed.

 

AIRFARES

Airfare prices and conditions are subject to change or withdrawal without notification until the airline tickets are issued (For example, foreign currency airfares and airport taxes may fluctuate and are subject to the rate of exchange on the date of ticket issue).

Full payment is required before tickets can be issued.  Untamed Safaris is not responsible for any increases in prices or changes in any airfare prices. If we have knowledge of any potential airfare increases, we will advise you when confirming your booking.

 

ERRORS

We reserve the right to correct any errors in fees, charges, rate or prices quoted or billed, even if we have received full payment from you.

 

EXCLUSIONS

The price does not include airfares (unless otherwise stated), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour guides, motor coach drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry to, detention in, or expulsion or repatriation from a country or part of a country. We are not liable for any expense, costs or loss incurred in relation to such matters and you release us from all liability, damages or responsibility in relation to them.

 

4. HOW TO BOOK

Please contact one of our Travel Designers who will work with you to arrange an experience customised to your needs.  We will present to you a written quotation for the Travel Products requested. 

You must ensure names used to make a booking are exactly as they appear in passports.  Any name/initial or spelling changes made after booking confirmation may result in supplier-imposed fees and/or you being unable to travel.

 

5. QUOTES

All written quotes indicate the price for the Travel Products only, they do not, unless specified, indicate the availability of the Travel Products.

A quote for Travel Products is valid for 7 days from the date the quote is sent to you.

 

6. PAYMENT

Upon receiving instruction from you that you wish to acquire Travel Products, we will, arrange (if available) the quoted Travel Products and provide you with a confirmation of their availability and pricing. Your instructions will constitute confirmation that you have checked the Travel Products being booked and you have read, understood and agreed to these booking terms and conditions and any terms and conditions specified in the quote.

 

You must, pay to us:

(a)    a  deposit as advised at the time of booking within 7 days of us providing you

with a confirmation of the Travel Products availability and pricing; and

(b)    any amount we notify you when confirming availability and pricing or from time

to time in respect of the Travel Products you request, within the time we notify you

(i.e. certain Travel Products may require a further payment, up to full payment, to confirm the booking).

Your arrangements will be booked upon our receipt of the deposit or other payment.

 

Only after we receive the deposit or other payment and we issue you or your travel agent with a confirmation invoice is a booking accepted.

The balance of the price of your booking must be paid no later than 60 days before (or at any time stated by us) your departure. If you fail to make any required payment, we will assume your booking is cancelled.

A travel agent who makes a booking at your request is your agent and is not our agent for the purposes of receipt of the deposit or any part of the price.

7. CREDIT CARDS

Any payment by credit card attracts a non-refundable service fee at time of payment based on the total cost of the payment. The amount of this service fee will depend on the credit card used and will be advised at time of payment.

 

8. AMENDMENTS

If you amend your booking after it has been confirmed, you must pay to us:

(a)    an administration fee of at least AUD 50, to cover communication and administration costs; and

(b)    any cancellation and/or amendment fees imposed by suppliers such as accommodation providers and other suppliers. We will, to the extent possible, advise you of all applicable cancellation and/or amendment fees when confirming your booking. 

9. CANCELLATIONS AND REFUNDS

If you cancel your booking after it has been confirmed, but before you utilise the

Travel Product, you must pay to us:

(a)    our reasonable costs to cancel your booking (to cover communication and

administration costs); and 

(b)    any cancellation fees imposed by the suppliers of your Travel Products

(including airlines).

Cancellation fees cannot be waived.

If you have paid any amount to us in respect of a booking, we may use it to pay the above costs and fees. Any difference will be refunded to you. Please note that the earlier you cancel your booking, the lower the cancellation fees are likely to be. After your travel has commenced, there can be no refund in respect of any Travel Product not utilised whether by choice or because of late arrival or early departure, including failure of a transport to operate according to schedule. Employees of any supplier are not authorised by us to give any undertakings in respect of refunds or other matters.

10. LIMITATION OF LIABILITY

We arrange the provision of Travel Products which are provided by third-party suppliers. We do not ourselves provide the Travel Products you may receive on your holiday.

Suppliers Terms and Conditions

Supply of the Travel Products is made, and all itineraries, coupons and exchange orders (collectively “vouchers”) are issued to you, upon the supplier’s terms and conditions that are then in use, including as to the applicable laws, requirements and policies of any government authority related to, among others, visas, entry, exit or transfer requirements.  Your acceptance of the vouchers constitutes those terms and conditions as the entire agreement between you and the relevant supplier and you bear all costs or losses incurred as a consequence of your failure to comply with them.

Exclusion of Liability

In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements or any other act, omission or default (whether negligent or otherwise) of any supplier nor are we liable for any loss or damage to baggage or property, injury, illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising from the act, error, omission, default or negligence of any person not our direct employee or under our exclusive control. 

We are not responsible for any criminal conduct of any third party. Where a motor coach seat is fitted with a safety belt, neither we nor any supplier concerned will be liable for death, injury, or any loss or damage whatsoever you suffer from any accident or incident if you are not wearing the safety belt at the time of such accident or incident. 

We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused by your acts, omissions or defaults, your state of health, medical condition or circumstances or other reasons which are beyond our control, including force majeure events or failure of equipment or machinery.

Warranties

To the extent permitted by law, all express and implied warranties, guarantees, representations or terms are expressly excluded.

Where the law implies any warranty guarantee or condition which cannot be excluded, our liability to you for breach thereof is limited to supplying the services again or payment of the cost of having the services supplied again.

Maximum Liability

Despite any other provision of these terms and conditions, to the extent permitted by law, our maximum liability to you or any third party is limited to the price you have paid us for the booking.

11. COMPLAINTS

We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt a resolution with the supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the supplier to resolve it) with your travel agent or directly with us within 30 days of your holiday concluding.

12. HOTEL DESCRIPTIONS & PHOTOGRAPHS

Hotel and facility descriptions featured on our Site are based on hotel guides and information provided by suppliers and may change at any time. Pictures utilised may not reflect the exact room, décor, view or other specifications.

13. INSURANCE

We recommend you purchase travel insurance against forfeiture of payment, loss of deposits, cancellation charges, baggage loss, medical expenses, theft and other contingencies. We make no representations as to what you may recover under any insurance. You agree not to hold us responsible for any decision of insurers, and/or any supplier, or the requirements of any foreign government, authority, foreign law or policy. 

14. INTERNATIONAL TRAVEL

You are responsible for all immigration, passport, visa, health, quarantine, vaccination requirements and customs laws, regulations, orders, demands or other requirements of countries visited or transited. You should check the requirements of those countries with their embassies or consulates or other authorities. 

Official travel advice issued by the Australian Department of Foreign Affairs and Trade is available by calling (in Australia) 1300 555 135 or visiting their website www.dfat.gov.au. We recommend that you review this information both prior to making your booking and prior to departure.  We strongly recommend that you also register your upcoming travel plans through the smarttraveller.gov.au site. 

15. UNLICENSED SUPPLIER DISCLAIMER

Untamed Safaris’ range of products have been refined over many years. If you request Untamed Safaris to arrange Travel Products by a person or company which is not licensed in accordance with any applicable law, we accept no liability (whether in contract for negligence or otherwise) for any loss or damage suffered by you as a result. 

16. FORCE MAJURE 

The clients agree and acknowledge that Untamed Safaris cannot and will not be held responsible or liable by the clients for changes or cancellations:

  • to itineraries and accommodation and in relation to travel arrangements as a result of any matter, manner or thing outside of the care and control of Untamed Safaris, including inclement weather, civil unrest, Acts of God, regulations and the like;

  • in local conditions and events, unpredictable, or predictable.

The client agrees that COVID-19 and any other pandemic or medical outbreaks which influence, alter, vary or bring to an end the travel arrangements of the clients are an Act of God and in no way are the responsibility or obligation or creation of obligations in favour of clients by Untamed Safaris.

17. HEALTH & FITNESS

The clients acknowledge and agree that Untamed Safaris has made no enquiry whatsoever as to the fitness, health or otherwise of the clients to be able to undertake the travel arrangements and to complete them in accordance with those set out in the Invoice, or at all.

In this regard, the clients acknowledge that the clients have undertaken whatever steps are necessary to check the health and physical condition of the clients and the ability of the clients, having regard to the clients’ health and physical condition, to undertake what is set out in the travel arrangements.

The clients also agree that the clients are entirely responsible to the exclusion of Untamed Safaris for any harm or illness including COVID-19 and any strain of it becoming the clients during the partaking by the clients of the travel arrangements. In completing or providing any information in relation to the clients’ health including any contraction of, or close contact with one who has contracted, COVID-19 or a strain of it or any like medical outbreak/pandemic to Untamed Safaris or any agency authorised to obtain that information the clients will provide fair accurate and transparent information.

18. PRIVACY

You consent to our, our agents and related entities to collecting, retaining, using and disclosing your personal information in accordance with our Privacy Policy. Our Privacy Policy sets out how we manage your personal information and is available on our website at www.untamedsafaris.com.au, or can be sent to you on request.

Your booking of any Travel Product constitutes your representation to us that you have read our Privacy Policy and accept its application to you.

19. OUR WEBSITE

By using the Site to browse any Travel Product, you represent to us that you have read our User Agreement posted on the Site, and you accept its application to you. 

20. LAW AND JURISDICTION

The agreement between us and you in respect of the services to be provided is constituted solely by these terms and conditions and is governed by the laws of New South Wales, Australia. We and you submit to the exclusive jurisdiction of the Courts of New South Wales and the Courts of appeal therefrom. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the terms [of this

Agreement/and conditions], or concerning any grievance relating to the [cruise/tour/holiday/booking], the prevailing party shall be entitled to recover its reasonable legal fees and expenses on a solicitor/client basis.

21. UNDERSTANDING THESE TERMS AND CONDITIONS

If you do not understand any aspect of these terms and conditions, you should seek advice from an appropriately qualified person.

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