Terms & conditions
Terms and Conditions of South America Tours Pty Ltd
In this contract:
“the client” or “you/your” is referring to the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made. “we/us/our” is referring to South America Tours Pty Ltd ACN 169 920 576. “Land Arrangements” refer to all accommodation, transfers, tours, included meals and any other arrangements made by us on the client’s behalf for their booking.
1.1 The contract between you and us comes into existence at such time as the final quoted itinerary, and invoice, is sent by us to you, and you make payment for that invoice (the “final quotation price”), and therefore confirm your booking. You and us will have agreed on the final quotation price, checked your names are correct as per your passport on any flights booked and we will then have provided you with the final quoted itinerary as described in either our brochure/web site or your custom made itinerary.
1.2 If you make a booking on behalf of other people as well as yourself, you represent and we accept that you have the authority of each of those other people to enter into this contract and that you and they have agreed to be jointly and severally liable to us. In any event, you accept personal liability for the acceptance, and/or compliance, of each of those other people with this contract.
1.3 If we are unable to accept your booking, we will return the payment for the final quotation price to you immediately, or in our discretion offer you a suitable alternative booking.
2.1 For you to make a booking, we require you to pay a non-refundable deposit, accept the terms and conditions in this contract, and complete all passport and passenger details correctly. Deposit amounts will be comprised of 100% of the cost for any flights and 10% of the cost of all Land Arrangements. If there is a specific amount required in addition to these standard deposit amounts, your South America Tours Pty Ltd sales contact will notify you at the time of booking.
2.2 Once your deposit has been received we will confirm all services in your itinerary. To be clear, we will not guarantee any services until all deposit amounts have been received. The acceptance by us of payment of a deposit does not represent an acceptance of booking. A booking will be deemed to have been accepted once we have confirmed acceptance in writing.
3.1 Prices on our website and quotations, are based on USD costs and exchange rates at on the day or the time of creation. If there are unforeseen increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should result in price increases, then these costs will be passed over to you. You agree to pay to us these additional surcharges and costs. If you would like to remove this currency risk you do have the option of paying in full at the time of booking.
Payment due dates and failure to pay
4.1 The last date for payment by you to us of the balance of the cost of your booking (final quotation price) will be 60 days prior to the start date of your itinerary. Depending on the operator of certain cruises then full payment is required 125 days prior. We will notify you of the last date for date after we have confirmed acceptance of your booking.
4.2 If your final payment is not received by the last date for payment, we reserve the right to treat your booking as cancelled. If your booking is cancelled in this manner, you agree that you will not be entitled to any refund whatsoever, including any deposit paid by you. That is, all deposits will be retained by us as payment of services for time and work applied to your booking.
4.3 If you have made a booking within 125 days of the start date of your itinerary, then full payment of the final quotation price by you to us is required at the time of booking.
5.1 We are not responsible for incorrect passenger details for flights and other services, including the Land Arrangements, which can be costly to change. You must check all of your documents thoroughly and advise us as soon as possible if there is any discrepancy. We will try our best to correct any details without cost to you however airlines and other operators used may have change / cancellation fees that we will have to pass on.
5.2 If you have booked any part of your itinerary with a company other than us, any changes to your overall services must be advised to your South America Tours Pty Ltd sales contact immediately. We are not responsible for any issues that may arise when you have booked other services with a company other than us.
6.1 Once your entire travel services, including the Land Arrangements, are confirmed, your final quoted itinerary and any necessary and available vouchers will be sent to you by email.
6.2 We may decline your booking for any reason (such reason we do not have to provide to you). If that happens we will return to you any monies paid by you to us as soon as possible, and in any event within 14 days.
Refunds of Deposits
7.1 Deposits are non-refundable, but in some cases, at our discretion, deposits may be transferable to another South America Tours Pty Ltd booking.
7.2 In certain tour itineraries and/or cruises a minimum number of participants/bookings are required in order for the tour and/or cruise to go ahead. Therefore, we have a right to cancel any tour and/or cruise for which there are insufficient reservations to meet any set minimum number of participants/bookings. In the event of any such cancellation, all deposits and/or other payments made specifically to us will be refunded to you in full.
Cancellations by the client
8.1 If you cancel your booking, either through failure by you to pay any part of the final quotation price or for any other reason, we may charge a cancellation fee to you, and you will pay the cancellation fee to us, to be calculated as follows:
- 60 days or more prior to departure from Australia: Deposit paid.
- 59 – 45 days: 30% of booking cost.
- 44 – 31 days: 50% of booking cost.
- Within 30 days or after departure from Australia: 100% of booking cost.
Note that with some land arrangements, flights and cruises, refunds depend on the particular rules of the airfare or cruise purchased and in the event of cancellation these costs may be charged in addition to the above terms. The above time frames refer to the date that we receive notice of cancellation of your booking from you in writing. If circumstances force you to leave your tour early, you will have to bear any additional costs yourself, but we will be happy to assist and make any further travel arrangements for you.
8.2 In any circumstances giving rise to cancellation prior to departure, we will consider allowing you to transfer the deposit and/or other money you have paid, to another South America Tours Pty Ltd itinerary that you choose. Name changes are not permitted unless we have given consent for you to do so and any name change must be requested in writing more than 90 days prior to departure. We strongly recommend that you purchase travel insurance from the date your deposit has been paid to us in order to cover any potential losses or cancellation fees.
Changes by the client
9.1 Any changes made by the client may be liable to change the final quotation price, including fees and/or fare increases. All client names and passport details must be provided to us at the time of the booking, and if the details provided to us are incorrect, you will be liable for any cost resulting from changing your details, including any fees associated with re-booking. All changes are subject to availability and you will be liable for any additional cost resulting from a change.
9.2 We understand that sometimes arrangements need to be changed due to unforeseen circumstances, and South America Tours Pty Ltd will allow a degree of flexibility, however a fee of $100 per amendment may be charged at our discretion, as well as any communication expenses incurred.
Cancellation by South America Tours Pty Ltd
10.1 On rare occasions, and due to reasons beyond our control, our operators may decide to cancel a tour or particular service that you have purchased. In this circumstance we will do our best to find you a suitable replacement tour or service. However, in some circumstances, in finding a replacement tour or service there may be a variation in your booking cost.
10.2 In our complete discretion, we may cancel any tour or service, for which there are not enough reservations/bookings (in particular for cruises/treks); reasons of natural disasters; or any unforeseen circumstances. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded to you in full, or, if you prefer, transferred to an alternative booking made for you by us. We strongly recommend that you purchase travel insurance from the date your deposit has been paid to us in order to cover any potential losses or cancellation fees.
11.1 We will arrange a type of accommodation as close as reasonably possible to the quoted accommodation on your itinerary, subject to the following:
- We reserve the right to change your quoted accommodation to accommodation stated in our itineraries on our website if required (see below “changes of itinerary”).
- Single rooms are normally available at an extra cost. However, if you so wish on certain parts of your itinerary, it may be possible for you to share a room (in particular for cruises/treks).
Changes of Itinerary
12.1 While we will endeavor to operate all itineraries as advertised or quoted, reasonable changes in your itinerary may be made by us or any tour operator where it is deemed necessary or advisable by us. If a major change in your itinerary is due to a force majeure, or unforeseen circumstances, no compensation is payable by us to you. Some changes to your itinerary may occur when you are on your tour as a result of unforeseen circumstances or local situations and you accept that any direct or indirect cost incurred by you as a result will be your responsibility. We will endeavour to ensure that any changes made to alter your itinerary will be made with your best interests in mind.
All payments from you to us may be made by the following methods:
13.1 Direct Deposit methods. If you choose this preferred method of payment we require from you a confirmation by email of your deposit paid to us. We require this confirmation in order to allow us to issue any urgent services, such as flights, on your booking. Direct Deposit Details will be on your invoice
13.2 Credit card. We operate a Secure Payment gateway that will accept Credit Card payment for payment of the final quotation price by you to us. AUD payments – If you pay us by Visa and/or MasterCard you will incur a 2% surcharge on the final quotation price. We work with a third party payment solution – PinPayments who provides PCI compliant payment solutions and is certified with all major credit cards
Acceptance of risk
14.1 You accept that all travel has risks involved and that you travel to a destination at your own risk. You must perform your own due diligence in respect to making your own choices in regards to destinations, including reviewing all travel advisories.
14.2 You acknowledge that the nature of some of our itineraries, bookings and tours can be adventurous and may involve a significant amount of personal risk. You hereby assume all such risk for all itineraries, bookings and tours, and releases us from all losses, costs, damages, expenses, payments, claims or actions arising from illness, injury, disease, loss or damage to property, discomfort and inconvenience or death resulting from these inherent risks. To be clear, you agree that we will not be liable to you for any losses, costs, damages, expenses, payments, claims or actions suffered or incurred by you in relation to all itineraries, bookings and tours that you take.
15.1 There will be no discounts or monies refunded to you by us for missed or unused services, bookings or tours, including your voluntary or involuntary termination/departure from a tour including as a result of any sickness, death of a family member of yours etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.
16.1 You understand and acknowledge that the nature of this type of travel and tours requires considerable flexibility, and therefore you should allow for reasonable changes to be made by us to the tour. It is understood that the route, schedules, itineraries, amenities and mode of transport in the tour may be subject to alteration without prior notice to you as a result of local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, flight oversell, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
17.1 It is strongly advisable that you take out appropriate travel insurance cover.
17.2 Travel insurance cover should be taken out not only against normal travel risks, but also against additional risks appropriate to the destination country/ies in your tour. In particular, local road transport insurance may be inadequate, so you should check that your travel insurance cover includes accidents happening whilst you are a passenger in a vehicle. In regards to expedition cruising, travel insurance must cover ‘evacuation’ and ‘repatriation’.
17.3 We advise that you also check that any valuable optical equipment that you may take with you on your tour is covered either in your travel insurance policy or your home contents insurance policy.
17.4 To be clear, we cannot approve the travel insurance cover you have bought, and we are not responsible if your travel insurance cover is inadequate to meet your requirements.
17.5 South America Tours Pty Ltd will assist with documentation required for any insurance claim however we will charge a $200 admin fee. This fee will be added to your insurance claim.
Passport, Visa and Health Requirements
18.1 You must carry a valid passport and have obtained all of the appropriate visas, permits, vaccinations and certificates for the country/ies in which you will visit during your tour. It is your responsibility to ensure that you are in possession of the correct visas, permits, vaccinations and certificates for your tour. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation. Your passport must be valid for 6 months beyond the duration of the tour.
Disclaimer of liability
19.1 The company will use its best endeavours to ensure that its obligations pursuant to the contract with the client are satisfied. However, despite those best endeavours, it is not always possible for those obligations to be satisfied. Unless otherwise excluded or modified by law, the company hereby disclaims liability for any loss of or damage to the client, including loss of life or injury, and loss of or damage to any of the client’s property, however such loss or damage may be caused. Unless such disclaimer shall be excluded or modified by law, the client warrants that he or she will not make or pursue any claim against the company in respect of any such loss or damage, however caused.
19.2 The client acknowledges that the provisions of 19.1 above are reasonable and necessary for the business of the company having regard to a range of matters including but not limited to the following:
19.2.1The adventurous nature of tours advertised and offered by the company
19.2.2 The location where tours are conducted, and where services, amenities and facilities may be of a lower standard than the standard to which a client is accustomed.
19.2.3 The tours or parts of them are supplied or undertaken by third party operators. Whilst the company has undertaken due diligence on the quality of the services offered by such third party operators, and has been satisfied as to the adequacy of that quality, it cannot be responsible for any acts or omissions on their parts.
19.3 The client also acknowledges that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a tour for which the client has booked. The company will not be responsible for any flight delays or loss of flight connections whether such loss is caused by the client, the company, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst every effort will be made by the company to continue with the booked tour, the company will not be liable to compensate clients for any lost part of their itinerary and the company will not be liable to pay for any additional costs that may be incurred by the client as a result of any loss. The company strongly recommends that clients have insurance that will cover them for flight cancellations, oversell and delays.
19.4 The client acknowledges that it is the client’s responsibility to check-in on time for his or her flight at any airport. The company will not be responsible for any flights that are not taken by the client due to the client’s late arrival at any airport. It is also the client’s responsibility to contact the relevant airline companies at an appropriate time before any flight departure to confirm that all details relating to their flights are correct.
20.1 The terms and conditions set out herein supersede any previous understandings, arrangements or terms and conditions that may previously have existed between the company and the client.
21.1 The contract between the company and the client, including these terms and conditions, shall be binding upon the heirs and successors of the parties hereto.
22.1 We shall try our utmost to provide you with a happy and fulfilling tour, but if we fail in any way, do please raise any issue with us immediately. If your complaint is not dealt with by us to your satisfaction at the time of reporting it to the tour leader(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.
23.1 This contract shall be interpreted in accordance with the laws of Australia and the state of NSW. Any dispute arising in connection with this contract shall be subject to the exclusive jurisdiction of the NSW courts.
Assignment and subcontracting
24.1 You must not assign, subcontract or otherwise transfer any right or liability under this contract without our prior written consent.
25.1 This contract can only be varied or amended in writing.
26.1 This contract confers rights only upon a person expressed to be a party.
27.1 The company will use its best endeavours to protect the client’s personal information. However, the client acknowledges that the company will, in order to provide the services or products in question, need to provide some or all of the client’s personal information to third parties, including overseas tour suppliers.
28.1 On completion of your booking South America Tours Pty Ltd will maintain your details on its newsletter and survey mailing lists. Your subscription can be cancelled at any stage at your request.