Terms and Conditions (On and before April 22 2020)
Booking Terms & Conditions
1. Our contract
These Booking Terms & Conditions (booking conditions) apply to all bookings made with Tri Travel Pty Ltd ABN 93 123 096 293 (Tri Travel). By booking a tour with us you are deemed to have agreed to these booking conditions and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking invoice.
We operate as an arranger of the travel package and are collecting payment on behalf of the suppliers.
In these booking conditions, “you” and “your” means all tour participants named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and “lead name” means the person who makes the booking. “We”, “us” and “our” means Tri Travel.
2. Accommodation & Tour Prices
2.1 – Prices may vary
Prices quoted in our travel packages are based on exchange rates, cost of services and applicable taxes at the time of publication. Prices may be subject to change in the event of a number of reasons outside of our control such as currency fluctuations, the introduction or variation of new taxes, changes to advertised prices, or a change to the accommodation provider or supplier. Our prices are only guaranteed once you have paid the Final Payment in full.
2.2 – Third party surcharges and taxes
In the event that we are charged additional fees in relation to your booking due to factors that are outside of our control (such as airline fuel charges, currency fluctuations, a correction in advertised prices or airport taxes), we may in our absolute discretion pass these additional costs on to you and you agree you will be liable to pay them. You have the option of cancelling the booking at any time. If you cancel, the costs you will be liable for and any refund that you may be entitled to (as the case may be) are set out in clause 8.2.
3.1 – Deposit
You must pay the Deposit at the time of Booking. Subject to clause 8, the Deposit will not be refundable in the event of cancellation by you or if we cancel the booking where you have not paid the Final Payment by the Final Payment Date.
3.2 – Final Payment
You must pay the Final Payment on or before the Final Payment Date shown on your tour invoice. Only upon full payment of the full cost of your travel arrangements do you have a final booking with Tri Travel and our suppliers. We reserve the right to charge you additional fees or cancel your booking if you fail to pay the Final Payment by the Final Payment Date.
3.3 – Payment Methods
The Deposit and Booking Fee can be paid by direct deposit or credit card.
Direct deposit – If the Deposit and Booking Fee are paid by direct deposit payment should be remitted to the following account using your name as the payment reference:
Robina Branch, Robina. 4226. Queensland
Tri Travel Pty Limited – Client Account
BSB: 014 536
Account number: 468 724 821
SWIFT Code: ANZBAU3M
IBAN Number: AU014536468724821
You will be responsible for any bank charges that your bank charges you in connection with the payment of the Deposit and Booking Fee by direct deposit.
Please add an extra $15 AUD on any international booking to cover the ANZ international transaction fee.
Credit or debit card – We accept payment by the following cards: VISA, Mastercard, American Express and Diners Club International.
If you wish to pay the Deposit or the balance of the Booking Fee by card then you must also pay us the following surcharge which covers the card fees that we incur:
Australian credit or debit card holders
- VISA (Australian card holders) 1.75%
- Mastercard (Australian card holders) 1.75%
- American Express 1.75%
- Diners Club International 1.75%
Overseas credit or debit card holders
- VISA (Australian card holders) 2.9%
- Mastercard (Australian card holders) 2.9%
- American Express 2.9%
- Diners Club International 2.9%
4. Booking details
It is your responsibility to supply us with names of tour participants exactly as they appear on the participant’s driver’s licence (for domestic travel only) or passport (ID).
Please check the names on your booking invoice to ensure that all tour participants’ names supplied to us for airline bookings are exactly as they appear on your ID. Tickets that are booked with an incorrect name will require a change of name request with the airline which may require the cancellation and reissuing of tickets, potentially at a higher price. If you see a name spelling error on your booking invoice please notify us immediately as any charges incurred are payable by you if the incorrect name is shown on the booking invoice.
4.1 Luggage and Bike Carriers
At Tri Travel, we understand the importance of your bike arriving safely. Please take the time to read the below information in regards to travelling with your bike. Tri Travel will endeavour to do our best in making this an easy process for you. When booking your flights direct with Tri Travel, we will advise the airline that you are travelling with your bike on all your flights. The note we include on your booking is for the airlines information only so that they can plan the aircraft’s loading space and weight. It does not mean your bike will be included in your free checked luggage allowance. Every airline has different polices on the carriage of bicycles, and these can and do change. Tri Travel will provide the airlines baggage policy on each flight you book direct with us. It is the responsibility of the client to read and understand the airlines baggage limits and terms and conditions. Additional weight may need to be purchased, in-which Tri Travel will need to be advised directly by the client at least 1 week (7 days) prior to the travel date of departure. Tri Travel hold no responsibility for any damage or lost bikes by airline carriers.
5. Amendments to Bookings
5.1 – Amendments by you
If you wish to make any modifications or amendments to your Booking please contact us at [email protected]. While we make reasonable efforts to accommodate changes and additional requests their availability cannot be guaranteed, and any requested changes are subject to the relevant airline or other supplier’s terms and conditions which may restrict or not permit changes.
You will be responsible for paying any additional or increased costs, fees and charges charged by our suppliers (such as Supplier Fees) in respect of any modifications or amendments to your Booking.
In addition to any additional or increased costs and fees charged by our suppliers a $50 amendment fee per sector will be payable to us for processing any modifications or amendments to your Booking. We reserve the right to change the amendment fee at any time.
5.2 – Amendments by us
While we will use our reasonable endeavours to provide the travel packages described in the Itinerary, you acknowledge and agree that it may be necessary or advisable to vary or modify the Itinerary due to prevailing local conditions. We reserve the right at any time to cancel or change any of the facilities, services or prices described in our Itinerary (including flights, transport, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation.
Unless the change significantly alters the tour, compensation will not be payable for minor alterations to the Itinerary or accommodation.
Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
6. Passports, visas and inoculations
6.1 – Passports and visas
You are responsible for ensuring that you:
- Hold a passport that will be valid for at least 6 months after the date of your return to Australia;
- Have all necessary visa and permits to enable you to enter each country that forms part of the Itinerary and complies with all relevant immigration and other government requirements.
We do not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.
6.2 – Travel to USA
If you are travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (ESTA). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa). Please note, you may not meet the eligibility requirements of ESTA and may be required to obtain a visa.
6.3 – Inoculations
You are also responsible for obtaining all necessary inoculations and preventative medicines as may be required for the duration of your tour.
6.4 – Advice
We are unable to provide you with specific advice on visa and passport requirements that apply to international travel bookings you make with us. If you require information regarding visa and other travel document requirements for your tour, we will be able to provide general information only or can otherwise direct you to an external visa advisory service provider who will be able to assist you with specific enquiries and obtaining visas (at your expense).
We do not warrant the accuracy of information provided by an external source and accept no liability for any loss or damage which you may suffer in reliance on it (except to the extent caused by fault on our part).
7. Health requirements
7.1 – Pre-Existing Conditions
Although we have no upper age limit for our tours, you acknowledge that these can be physically demanding and you must ensure that they are suitably fit to allow full participation.
If you are:
- Suffering from any medical condition or disability; or
- Undergoing treatment for any physical or medical condition,
Which may affect your ability to participate in the tour (Pre-Existing Conditions) you must advise us of the nature of such Pre-Existing Conditions at the time of booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any significant change in the Pre-Existing Condition occurs.
You must also promptly advise us if any medical condition or disability which may affect your participation in the tour develops after your booking has been confirmed.
Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeited.
7.2 – Medication and other treatments
You will be responsible for arranging the provision of any medication or other treatment which may be required during the tour at your sole cost and expense.
8. Cancellation and refunds
8.1 – Supplier change and cancellation fees
Cancelled bookings may incur supplier fees which can be up to 100% of the cost of the booking, notwithstanding that travel may not have commenced (Supplier Fees). Supplier Fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a Supplier Fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
8.2 – Cancellation by you
Some accommodation and airfares are booked at especially competitive rates to which accommodation providers and airlines may attach severe restrictions. Once a booking has been made the following cancellation fees will be payable if you cancel that booking:
- After payment of the Deposit but before payment of the Final Payment – We retain your Deposit. You must pay us for any Supplier Fees incurred by us in excess of the Deposit.
- After Final Payment – We will refund 50% of the deposit to you less any unrecoverable costs including cancellation charges or Supplier Fees (unrecoverable costs)
If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made for any part of the services that you have not used.
8.3 – Cancellation by Us
We may cancel a tour for any reason (such as failure to reach minimum tour participant numbers) at any time up to:
- 60 days before departure for international tours; or
- 45 days before departure for domestic tours.
We may cancel a tour at any time prior to departure if due to terrorism, natural disasters, political instability or other external events beyond our control (force majeure events) it is not viable for us to operate the planned Itinerary.
If we cancel a tour because force majeure events mean it is not viable for us to operate the planned Itinerary then we will refund all of the Booking Fee that you have paid to us less any unrecoverable costs. If we cancel a tour for any other reason-then we will refund all of the Booking Fee that you have paid to us.
You agree that we will have no other liability to you in respect of a cancellation other than this refund. We are not responsible for any incidental expenses that you may have incurred in connection your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
If a service or facility forming part of the Itinerary becomes unavailable due to a force majeure event and no alternative arrangement of comparable monetary value is available, we will substitute the best alternative available and will refund you for any cost saving or charge you for any additional costs incurred.
10. Travel Insurance
It is a mandatory condition of travel that you are covered by comprehensive travel insurance for all guided tours arranged by or operated by Tri Travel. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of $1,000,000 for each of the categories of cover.
You must also ensure that your travel insurance will cover you in respect of the activities you intend to undertake particularly where they are of a hazardous or unusual nature. We also recommend that the insurance covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
Travel Insurance, including Tri Travel’s preferred partner’s insurance, does not cover you for accidents or injury that may occur in a competitive race . You should check with the race/event organiser or your triathlon, cycling or running association about insurance to cover race day activities.
All tour participants must provide the following information no later than 60 days prior to departure:
- A copy of your travel insurance policy (or details of master policy);
- The emergency telephone number of your insurance company;
- Next of kin emergency contact.
If you fail to provide evidence of compliant insurance by the time specified in this clause 10 then we may cancel your booking in which case a cancellation fee will be payable calculated in accordance with clause 8.1.
11. Acceptance of risk
You acknowledge that participation in sporting and other events forming part of the tour involves a physical challenges and personal risk. You acknowledge that you understand and accept the personal risks involved in such participation.
You agree to indemnify and hold harmless Tri Travel and our officers, employees and agents (Representatives) from and against all liabilities, losses, damages, outgoings, costs (including legal costs on a full indemnity basis) and expenses of whatever description (Losses) which may be incurred in connection with your participation in any sporting or other events that form part of the Itinerary.
Your obligations to indemnify and hold harmless Tri Travel and our Representatives do not apply to the extent that any Losses arise out of any act or omission of Tri Travel or our Representatives.
13.1 – Events outside of our control
To the extent permitted by law, we do not accept any liability in contract, tort or otherwise, for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default (whether negligent or otherwise) of third party suppliers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
13.2 – International conventions
If any international convention applies to, or governs, any of the services or facilities included in your tour arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962 (Conventions). For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday.
13.3 – Where liability cannot be excluded
Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Australian Consumer Law.
14.1 – Use of accommodation
The accommodation that we arrange for you as part of the tour must only be used by you.
14.2 – Damage
You are responsible for the cost of any damage caused to the accommodation or its contents during your stay. Full payment for any such damage or loss must be made direct to the accommodation provider as soon as practicable.
You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions.
15. Your behaviour
All participants on tours organised or operated by Tri Travel are expected to obey the laws and regulations of the countries visited.
If you commit an illegal act when on the tour or if in our reasonable opinion your behaviour is threatening or abusive or is causing or likely to cause danger, damage, distress or upset, disturbance or annoyance to any third party or any property, or puts any third party (including our Representatives) in any risk or danger, we may terminate your travel arrangements without any liability on our part. In this situation, you will be required to leave the tour. We will have no further responsibility toward you including in respect of any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
16. Photos and marketing
You consent to Tri Travel and its related bodies corporate including Sport 3 Event Management Pty Ltd ABN 37 159 771 212 using videos and images of you taken during the tour (including of your participation in sporting events) for advertising, publicity and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for advertising, publicity and promotional purposes.
If you have a complaint about your tour please inform the tour leader or local representative of Tri Travel at the time to ensure that they can attempt to rectify the matter. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon your return. If you do not raise your concerns immediately, this may affect our ability to investigate and take remedial action and this may impact on the way your complaint is dealt with.
If you are not satisfied that your complaint has been appropriately resolved then any further complaint should be put in writing to us within 30 days of the end of the tour.
A term or part of a term contained in these Booking Conditions that is illegal or unenforceable may be severed from these Booking Conditions and the remaining terms or parts of the terms of Booking Conditions continue in force.
20. Applicable law
All bookings are governed by the law of Queensland. You irrevocably and unconditionally submit to the non–exclusive jurisdiction of the courts of Queensland for any disputes in connection with your booking.