Specific Terms & Conditions related to Booking the Tour.
PLEASE READ THESE BOOKING TERMS OF OUR BUSINESS CAREFULLY PRIOR TO MAKING ANY BOOKING
By using this website or engaging our Services, you signify your acceptance to be bound by these Terms.
For the purposes of these Terms, ‘Us’, ‘Our’ and ‘We’ refers to Curvy Chic Tours Pty Ltd ABN 62 822 779 899, Curvy Chic Tours and www.curvychictours.com.au
‘You’, ‘Your’ and the ‘Client’ refers to you, the client, visitor, website user or person using our website or Services as relevant. If you do not agree to be bound by these Terms, we ask that you do not engage our Services or use our website./p>
“Experience” means any event, holiday, tour, excursion, or other such experience that may be offered from time to time Curvy Chic Tours.
“Experience” means any event, holiday, tour, excursion, or other such experience that may be offered from time to time Curvy Chic Tours.
You must be 21 years of age or older to use our Services.
We offer a variety of services including but not limited to arranging and hosting guided holiday and tours, shopping holidays and event bookings, as well as arranging local accommodation and transport services (together the ‘Services’).
We plan and organize guided holiday tours and specialized holiday programs which include area shopping tours, specialty food venues and activities. We are not a travel agent nor do we book any flights. You are solely responsible for booking your flights to the destination to arrive on time. You can do this either with our assistance or through our preferred travel agency. We cannot provide a refund if you miss any activities or for any accommodation or any other prepaid parts of the package due to late arrivals, flight or other issues which are out of our control.
You need to familiarize yourself with the flight and other third party terms and conditions when making your bookings and any reservations prior to making your bookings. We are not responsible for any additional fees and charges you may incur such as oversized baggage, single room surcharges, or other personal costs that may be charged by our third party suppliers.
Spaces on our hosted Experiences are limited and subject to availability, please note that while we will endeavour to accommodate all requests to participate in our individual holiday tours, places are reserved on a first-come first-served basis and are secured with payment of a $500.00 non-refundable deposit.
If full payment is not paid by the due date, 90 days prior to the tour, you will risk losing your reserved place. Please see our Cancellation policy for more details.
We keep a waitlist for interested guests to join a tour that has been oversubscribed. In the event of any cancellations, guests on the waitlist (in order of request being received) will be notified of the opportunity to join the tour.
It is important to also note that there may be changes or alterations from time to time to tours or bookings that are out of our control due to third party supplier issues. However we will at all times endeavour to inform you in advance, as soon as we are made aware. If it is a material change, we will at all times try to ensure you have a suitable alternative available.
Special requests: Whilst we do our best to try to meet all special and additional requests, we cannot guarantee nor do we warrant that any special requests relating to food, bookings, seating and any other requests you may make will be available. Please let us know and we will try to accommodate you.
Visas and Travel Document
In most instances, visas may be required for travel. We cannot be responsible for any issues related to your inability to travel or enter any country or zone as a result of your citizenship or other status.
You are responsible for ensuring you obtain all necessary entry visa requirements and have a valid passport prior to travel for the full travel period.
Payment, Deposits, Fees and Charges
Our prices do not include additional activities such as free day activities, spa treatments, alcohol, food, laundry, items of a personal nature and other items which we have not specifically indicated as included. These items and any gratuities are payable directly to the venue where not paid in advance.
We require an upfront deposit of $500.00 non-refundable to secure your reservation at time of booking to be received within 7 days of making your booking. The remainder and final payment is due and payable 90 days prior to any Experience. No booking or reservation for any Experience is finalised unless full payment is received and confirmed. If a payment has not been made by the date advised by us, your booking may be cancelled.
The Client is responsible for all exchange rate fluctuations. The prices shown on our website are current at the time of publication but due to exchange rate fluctuations, there may be variation in the final payment due. We will advise you prior to any payment of any changes to the final prices.
Changes and Alternations
From time to time, Experiences may be altered or cancelled for reasons out of our control including but not limited to political, riots, weather conditions, and other unforeseeable events (together ‘Force Majeure’).
We also reserve the right to cancel, change or substitute any Experience at any time due to lack of minimum required participant numbers, external or third party supplier issues that may arise. If you do not want to accept the alternative Experience for any reason, we will offer you a refund in accordance with Australian Consumer Law requirements.
Refunds and Cancellations
Any cancellation 90 days before the Experience date requires written notice. The $500.00 deposit is non-refundable, due to payments that will have been made to third-party suppliers to secure bookings.
Again, as we are subject to third-party supplier terms, cancellations made less than 90 Days prior to the Experience are unfortunately non-refundable.
Any refund for medical or other reasons may be subject to the supplier’s terms and at our sole discretion. Refund requests will require written evidence (eg. a signed letter from your doctor) stating you are unable to attend your booked holiday due to a medical condition and information of lodged claim details from your travel insurance. We strongly recommend you take out travel insurance to cover any such unforeseen events.
Refunds may, where indicated, include fees and commissions and will include GST. Any refund may be subject to exchange rate fluctuations and/or bank fees. We cannot accept responsibility for such additional fees or costs or any discrepancy in refunded amounts.
In some cases refund and cancellation policies may vary based on an individual tour operator, event or other third party individual refund and cancellation policy. We will notify you prior to any reservation or booking you may make in the event of any refund or cancellation policies that are different to our own.
There are no refunds, part refunds for any unused portion of any Experience or package. This includes any late arrivals for which there are missed activities or other prepaid items.
Some of our Experiences require minimum numbers for the tour. Where the minimum number requirements are not met, refunds will be made in full.
All Experiences are non-transferrable.
Limitation of Liability and Disclaimers
To enable us to offer you these Experiences, we contract and work with and through a network of third party businesses and individuals to assist in the running of the Experiences. For this reason, we are not responsible for any of their acts or omissions.
It is an essential pre-condition to you engaging our Services that you agree and accept that Curvy Chic Tours is not legally responsible for any loss, injury or damage you may suffer related to your use of the website or our Services whether from download issues, any goods or services we may offer or from any other use of the website or Services. Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we shall not be liable.
To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
- implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
- our Services being unavailable; and
- any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
We cannot guarantee the availability of any Experience at any time. In the event of any changes to any times, dates or venues, we will use all reasonable endeavours to notify you and where applicable, work with you to arrange suitable alternative options.
Health and Medical Issues
You are fully responsible for ensuring you have made all enquiries for all Experiences to ensure you are not at risk for any medical or health related issues. This includes but is not limited to all food risks, fitness requirements and travel issues you may have or which may pose potential risk. You need to make your own enquiries and consult your medical professional prior to any travel or Experience.
We recommend that you have appropriate travel, including medical insurance to cover the risks associated with any travel, cancellation, medical or health issues.
We do our utmost to provide accurate information on our website, answer all your queries and ensure you enjoy our Experiences.
We only facilitate the Experience and Services, and are not responsible for the cleanliness, food quality or room quality of hotels or seat quality on tours including the accuracy of any third party or other such issues or claims you may have. While we endeavour to ensure your Experience is at all times of a high quality, we ask if you have any issues that you are unhappy with, that you alert your tour host immediately, and the issue is to be taken up directly with the third party business at the time of the Experience.
It shall be your own responsibility to ensure that any products, Services or information available through this website or otherwise offered through Curvy Chic Tours meets your specific, personal or commercial requirements. We do not warrant that any Experience will be suitable or fit for your purpose or will correspond with the advertising by the venue. You agree to make your own enquiries directly with the venue if required.
In the event of any dispute, controversy, or claim arising out of, relating to, or in connection with our agreement and these terms, including any question regarding its existence, validity or termination, shall be resolved by mediation in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Mediation Rules. The mediation shall take place in Sydney Australia and be administered by ACICA.
If the dispute has not or is not able to be settled pursuant to the Rules within 60 days following the written invitation to mediate or within such other period as both you and I agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia and the language of arbitration shall be English. Each party shall pay their own costs in relation to any dispute.
You may change your details at any time by advising us in writing via email. All information we receive from our clients, is protected by our secure servers.
From time to time we may take group photos or photos of individuals while on our tours for the purposes of advertising promotional purposes and to include on our website or social media pages. If you do not wish to have your image posted, please notify us in writing.
We do not and will not sell or deal in personal or client information. We may however use your information and provide it to third party suppliers in order to be able to deliver the Services and provide the Experiences. Whilst we endeavor to ensure they will also protect your private information, we cannot be responsible for any breach of privacy or the event that they may further market their goods and services to you.
These Terms represent the whole agreement between you and Curvy Chic Tours concerning your use and access to our website, Services and your use and access to the information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusions of Unenforcable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our website and Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and Services then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and Curvy Chic Tours’ rights and obligations to each other.
Our agreement, these Terms and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and Curvy Chic Tours that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.