Group Booking Terms & Conditions
These booking terms and conditions apply to bookings which the school or other group (“School”) contracts with Loaves & Fishes Program Pty Ltd (ACN 664781695).
“You” and “your” means the school and all teachers, students and other persons listed in the group passenger list (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Loaves & Fishes Program Tour” means Loaves & Fishes Program Pty Ltd.
By making a booking request, the school is deemed to have agreed and consented to all terms in these Booking Terms & Conditions (and in any other documents provided to you by Loaves & Fishes Program) on its behalf and on behalf of all persons listed on the Group Passenger List (including anyone who is added or substituted at a later date) (“Travelling Party”).
The school warrants that it has brought these Booking Conditions (and any other documents made available by us containing terms relevant to the tour) to the attention of each person in the Travelling Party (and if the person is less than 18 years of age, then to person’s parent or guardian) prior to the person being added to the Passenger List. The school warrants that it is duly authorised to provide the agreement and consent of each person in the Travelling Party. The school agrees to indemnify Loaves & Fishes Program Pty Ltd for any breach of this warranty.
Except where otherwise stated, these Booking Terms & Conditions only apply to travel arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “tour”, “holiday”, “booking”, or “arrangements” mean such travel arrangements.
BOOKINGS
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Terms & Conditions.
We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund or credit.
SERVICES
The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
PRICES & EXCLUSIONS
Prices stated are in Australian Dollars ($AUD) and are subject to change prior to us accepting your booking request. Prices are based on the quoted itinerary including where applicable, local Vanuatu bus car and boat transportation, economy class international airfares, and multi-share accommodation as per the published itinerary. Prices are also subject to change in accordance with the following provisions.
Note: airline fares are subject to change without notice at any time prior to full payment. All currency devaluation, fuel or air fare surcharges, or the imposition of new or amended Government taxes and charges imposed by suppliers beyond our control (including ticketing fees and airline fuel surcharges) are payable by you and are subject to change. If there are any increases in such taxes or charges, or if you request any itinerary changes or the number or mix of passenger’s changes prior to you making payment in full, which increases the price of your booking, we reserve the right to change the price at any time by giving you notice. You must pay the additional charges prior to the date of your departure.
Unless otherwise stated, the cost of travelling to or from departure points and costs associate with passports, visas, vaccination, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities and all other items of a personal nature, laundry, additional beverages and consumables are not included in the tour price.
Unless stated otherwise prices are for cash/cheque payments. Credit card payments attract a service fee.
ACCURACY
Loaves & Fishes Program Pty Ltd makes every effort to ensure the accuracy of information in our brochures and on our website but shall not be liable for any damage or loss caused by the change or withdrawal of any price, detail or other item or service.
DEPOSIT
A 30% non-refundable deposit per person is required within 14 days (unless otherwise stated) of us accepting your booking.
The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).
Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable, or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
FINAL PAYMENT
Payment in full must be received by no less than 90 days before commencement of your trip. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation.
For late bookings (bookings within 90 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.
CANCELLATIONS OR RESCHEDULING BY US
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Force Majeure – Prior to travel
If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:
reschedule your travel arrangements (in whole or in part); and/or
cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).
If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Force Majeure – During travel
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third-party costs for cancelled travel arrangements only.
Force Majeure – General
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
Other cancellations
If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.
We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
AMENDMENTS BY US
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
General
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
CANCELLATIONS BY YOU
All cancellations must be received in writing. Because we incur costs from when we confirm your booking, the following cancellation charges will be payable:
If cancelled more than 90 days before departure: Loss of deposit + all airfares paid.
If cancelled 90 days or less prior to departure: 100% of tour costs + all airline cancellation fees.
Any refunds for cancellation of airfares (where the fare permits cancellation) will only be refunded once we have received the corresponding refund.
AMENDMENTS BY YOU
We will endeavour to accommodate changes and additional requests. You acknowledge that changes and requests may not be possible to fulfil.
If we are able to fulfil any changes or requests, you agree that an amendment fee of $250 per request is payable. You also agree to pay any pre-payable taxes, levies or charges and any additional costs passed on by our suppliers in connection with the change or request.
Requests by you to change the date of departure after a booking has been confirmed will incur a fee of $50.00 per traveler.
UNUSED & DENIED SERVICES
No refunds will be made for any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for. If you are not fully and validly vaccinated against COVID-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances.
ITINERARY VARIATIONS
Every effort will be made to adhere to the published itinerary. Occasionally, circumstances beyond our control will force changes, amendments or modifications to the itinerary and its inclusions. To the fullest extent permitted by law, Loaves & Fishes Pty Ltd will not be responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these circumstances. If you are entitled to any compensation at law for any changes or modifications in these circumstances, then you agree that any compensation you are entitled to will be reduced by the value of any alternative services we provide to you which you accept.
INDEPENDENT SERVICES
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.
CHANGE OF ACCOMMODATION
In the unlikely instance of an accommodation change becoming necessary the alternative property will be of a comparable or higher standard and there shall be no refund in this respect.
INSURANCE
It is a condition of travel that each passenger travelling is adequately covered by comprehensive travel insurance for the duration of the tour with us. Your travel insurance policy must provide adequate cover for participation in all included activities as part of the tour. Please check the details within your product disclosure statement and ensure you are aware of its conditions and omissions. Evidence of each passengers comprehensive travel cover insurance will need to be provided to us with the Traveler Information Form.
PASSENGER NAMES
Flight reservations cannot be confirmed without passenger names. You must, at the time of booking, advise correct names for all members of the Travelling Party. Name changes after tickets have been issued are not always possible. If a name change is possible, this will result in the issuance of new tickets, which may include a higher fare. We disclaim any liability for any loss or expenses caused by a failure to comply with these requirements, and we accept no responsibility for additional charges or inability to travel due to incorrect names being advised.
SPECIAL DIETARY REQUESTS
Special dietary requirements must be provided on the Traveler Information Form. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
IMAGE RELEASE
When on tour, we may take photographs or make recordings of passengers and activities of the travelling party. Non-Consent to the use of your image or likeness must be indicated as such on the Traveler Information Form provided by the school. Where consent has been provided, we reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation.
MEDICAL INFORMATION
We rely solely on the medical information on members of the Travelling Party as provided by the School.
If a passengers medical circumstances change following completion of the Traveler Information form, then you must notify us as soon as reasonably possible, and in any circumstance prior to travel.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you. We reserve the right to exclude any passenger from a tour if we, acting reasonably, consider that the passenger requires special assistance for a condition either not previously advised or not fully disclosed.
We will not be liable for any damage, injury, death or loss of any kind arising from your failure to disclose relevant medical information.
PASSPORTS AND VACCINATIONS
It is the responsibility of the passenger to hold a valid passport with at least 6mth before expiration at the end date of tour.
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. Subject to the Illness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
COMPLAINTS
In the event of a problem with any aspect of your tour you are obliged to make a Loaves & Fishes Program tour guide or a local supplier aware of such problems immediately.
We will only consider claims where we or our suppliers have had the opportunity to put things right at the time, and where the claim has been received by us, in writing, within 30 days from the end of the services provided by us, otherwise you will not be able to make the claim.
ACCEPTANCE OF RISK
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to destination and your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
RESPONSIBILITIES
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Loaves & Fishes Program Pty Ltd disclaims all warranties.
To the extent permitted by law, the maximum liability of Loaves & Fishes Program Pty Ltd to you under these conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
This agreement shall be governed and controlled in accordance with the laws of New South Wales, Australia. If any provision of these conditions is found to be unenforceable, then it will be severed from these conditions without affecting the remaining provisions.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, accommodation providers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
General liability limitation
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
GENERAL
The contract between Loaves & Fishes Project Pty Ltd and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy.