These Terms and Conditions form part of your contract with Arcadia Expeditions Pty Limited (ABN 62 633 239 862) (‘we’ or ‘us’). Please take time to read and understand these Terms and Conditions carefully as they set out our respective legal rights and obligations when you book a tour with us. You and everyone on whose behalf you make a booking (‘you’ or ‘your’) accept and agree to be bound by these Terms and Conditions when booking a tour with us.
Bookings & Payments
These rules apply when booking a tour:
- You will be required to complete, sign and return a Booking Form together with a photocopy of the information page (photo page) of your passport to reserve your place on the tour.
- You must pay a non-refundable deposit of US$1,500 per person at the time of booking in order to confirm your place on the tour. This deposit is used to pay for reservations for hotels and other land arrangements to be made on your behalf.
- Our legal obligations to you commence when we issue a booking confirmation for the booking. The legal obligations are to carry out the tour, subject to payment of the tour price as and when required, and to your observance of your responsibilities under these Terms and Conditions.
- If your booking is made more than 60 days before the tour departure date, then final payment of the price is due 60 days before the tour departure date.
- If your booking is made within 60 days of the tour departure date it must be accompanied by full payment of the price.
- Failure to make payment by the due date may result in the cancellation of your booking and loss of any payments made to date.
- Our prices are shown in 4 currencies: USD, AUD, EUR and GBP. These prices are converted from USD based on the latest exchange rate. Payments are to be made in USD. Foreign currency will be accepted if equivalent to the USD currency exchange rate and you pay the currency exchange charges.
- Payment can be made by cheque, funds transfer, credit card or debit card. A 2.2% service charge applies to all credit and debit card payments, including those made by MasterCard, Visa and American Express.
These rules apply to tour prices:
- Tour prices are accurate at the time of publication. The tour price that applies to your booking will be the tour price displayed at the time you make your booking. Tour prices are subject to change at any time, according to demand, market conditions and availability.
- Tour prices include all on-tour logistics, accommodations, transfers, listed included meals and on-ground tour fees and local staff. The tour prices also include domestic flights as per itinerary, all land transport by private air-conditioned vehicle, services of an Arcadia Expeditions Expedition Leader, gratuities for drivers, hotel staff and restaurants for included meals. Entrance fees are only included where advised in the itinerary.
- Tour prices do not include international currency exchange fees, credit card surcharges, airfares to and from the place the tour commences and ends, optional activities and service charges, medical consultations pre-tour, travel insurance, travel documentation and personal expenses, excess luggage, lunches and dinners not specifically mentioned as included in the itinerary.
- Tour prices are on a twin share basis, unless a singles supplement is paid. Adjoining rooms are not guaranteed.
- We reserve the right to add price surcharges to confirmed tours to pass on input cost increases outside of our control, which are a direct consequence of increases in:
- Transportation costs resulting from increases in the cost of fuel or other supplies;
- Taxes or fees chargeable for services applicable to the tour imposed by third parties not directly involved in the performance of the tour, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
- Exchange rates relevant to the cost of items provided in the tour.
- We will advise you at the earliest opportunity of changes to prices. We will cover the first 2% of the price surcharge, and will pass on the remainder of the price surcharge to you. If the price surcharge exceeds 10% of the tour price, you may change your tour or cancel your booking within 14 days of notification of the price surcharge (and before the tour departs) and receive a full refund except for the Deposit.
- The tour price includes a number of elements that together make up the tour. We regret that we are unable to make any refund of any unused individual elements of the trip, such as included excursions, meals, entry fees, accommodation, flights or transfers that you choose not to take.
These rules apply to booking amendments:
- You are responsible for ensuring all information and data entry you provide on your Booking Form is accurate. If you desire to make changes to the booking (such as names, passport details, other details or dates), you must notify us in writing as soon as practicable after you receive the booking confirmation.
- If you request to transfer from one tour to another, or transfer your booking to a third party, you must notify us at least 60 days before the tour departure date. Transfers to another tour can only be made to a tour which is open for bookings. Transfers to a third party are only permitted where the transferee meets all of the requirements in relation to the tour.
- If you request a transfer less than 60 days before the tour departure date, we may treat the request as being your request to cancel the booking, and cancellation fees will be payable.
Booking Cancellations by you
These rules apply to booking cancellations by you:
- Cancellation before the departure date will be effective once we receive written confirmation from you.
- Our cancellation fees are as follows:
- Between 46 and 60 days prior to departure, we will retain 50% of the tour price, and refund the rest to you;
- 45 days or less prior to departure, we will retain 100% of the tour price.
- If you fail to participate in a tour by not departing with the tour group, or if you cancel part of the tour, such as if you join a tour after departure or leave a tour for any reason after it has commenced before it is finished, we will treat it as a cancellation by you and will not make any refund for unused services.
- In addition, if you cancel, you may be responsible for cancellation fees which may be levied by accommodation providers, travel agents or third party tour and transport operators.
Booking Cancellations by us
These rules apply to booking cancellations by us:
- We may cancel the tour / travel arrangements before the tour departs or during the tour for reasons beyond our or our supplier’s control. These reasons include, but are not limited to, a force majeure event such as war, threat of war, terrorist activities, threat of terrorist activities, natural disasters, epidemics, pandemics, unnatural disasters such as explosions, acts of government, or local authorities, and warnings to reconsider travel arrangements or to not travel on the Smartraveller.gov.au website, and where it is not viable for us to operate the planned itinerary or a variation of it for operational reasons.
- If cancellation is for a reason beyond our or our supplier’s control, we will refund the tour price less the cost of any part of the tour undertaken and less irrecoverable costs.
- We may cancel your booking if you fail to pay the full tour price at least 60 days before the tour departure date.
- We may cancel your tour or change your tour itinerary at any time before 60 days or more before your tour departure date, if the minimum number of participants is not met.
- If we cancel your tour, or make a significant change to your tour itinerary (which affect at least one day in five), we will tell you as soon as possible, and if there is time to do so before departure, we will offer you the choice of:
- if we cancel, a refund of all monies paid for the tour; or
- if we change, the changed tour itinerary and proceeding on the tour; or
- if we cancel or change, alternative travel arrangements of a comparable or higher standard from us (subject to availability); or
- if we cancel or change, alternative arrangements of a lower standard, with a refund of the price difference between the arrangements promised and the alternative arrangements.
- We will not be responsible for any incidental or consequential expenses that you may have incurred and which are not recoverable as a result of our cancellation of your booking, cancelling or changing the tour, including but not limited to visas, vaccinations, travel insurance excess or non-refundable air fares.
Passports & Visas
These rules apply to passports and visas:
- A valid passport is required for all programs. Your passport is must have minimum 6 months validity from the date of your return and have at least two blank pages. This is an entry requirement in many countries.
- You are responsible for obtaining all necessary visas, inoculations and preventative medicines as you may require for the duration of the tour.
- The cost of visas, inoculations and preventative medicines is not included in the price of a tour.
- If you are denied entry into a country because of an invalid or non-conforming passport or without the correct visa or other entry requirement, and you are unable to participate in the tour or any part of it, this will be treated as a cancellation by you.
- We provide up to date information and supporting documentation as required, concerning passport, visa and health requirements in good faith. This information is general and will vary between nationalities and is subject to change.
- You remain responsible for checking current requirements before departure and taking all relevant travel documents and all relevant precautions on your holiday.
- We will not be liable for any failure by you to discharge these responsibilities and for any costs incurred as a result of such failure.
Fitness and medical conditions
These rules apply to fitness and medical conditions:
- All of our expeditions require as a minimum that participants have a reasonable degree of fitness enabling 2-3 hours daily walking and 1-1.5 hours standing on any given site visit or activity. Many sites have uneven terrain and are accessed by climbing slopes or steps. Our expeditions are not suitable for those who walk slowly, need support, or lack stamina.
- We take great care to ensure each of our travellers join a tour suited to their physical capabilities. We grade our small group expeditions to provide an indication of what level of fitness is required. Along with the detailed expedition itinerary, you should consider this fitness grading before selecting your preferred trip.
A reasonable level of fitness and good health is required to participate. You will need to be able to walk for a few hours at a gentle pace, remain standing in museums and historic sites and get on and off transport by yourself.
Moderate expeditions have all the requirements of the Easy grading, plus a number of sites that will require extra fitness – moving around uneven archaeological sites, climbing hills to enter towns or historic sites etc. You need to have good mobility and aerobic fitness. Some time will be spent visiting remote areas where facilities can be quite basic.
This category of expeditions may involve long travel days and extended time visiting remote areas with basic facilities. Participants must be in excellent health, extremely mobile and live an active lifestyle. On some Active expeditions, we will be staying in tents that will have to be entered on all fours. Unless you have excellent endurance and mobility, you will not get the most out of an Active expedition and should not travel on these tours.
- It is important to note that due to the exploratory nature of some of our tours, multiple days may be spent in remote areas with basic facilities and long travelling days may occur.
- If you have any pre-existing medical conditions or a disability that may affect your participation in the tour or necessitate special arrangements being made for you, you must notify us before booking.
- Out of respect for your fellow travellers, we reserve the right to refuse your participation if your fitness level is below the recommended grade. If during the tour it transpires that your level of fitness is not adequate, you may be asked by the Expedition Leader to opt out of certain visits, or requested to leave the tour altogether.
Health and Medical
- We do not provide any medical advice or advice as to fitness for travel.
- It is your responsibility to consult with a health professional to ensure you are physically fit enough to participate in the tour. You are the best judge of your own condition and limitations, and you acknowledge that it is incumbent on yourself to fully disclose the extent of any conditions or limitations to us and to your health professional.
- You should seek advice from a travel medicine practitioner as to vaccinations and medications that are recommended for the tour.
- You understand that you are under a duty to inform us at the time of the application of any medication requirements, allergies and other physical or mental condition or limitation that might disable or render you unable to participate in or safely complete any part of the tour. You understand that you are required to notify us of any changes to your medical conditions, post booking confirmation.
- It is your responsibility to seek professional advice from a physician, on the potential risks and physical and mental demands of the tour and any vaccinations and medical precautions that may be required. It is your responsibility to notify the physician of the locations visited whilst on tour, in accordance with the itinerary you receive with confirmation of booking.
- The condition of medical facilities available on your tour varies. We make no representations and give no warranties in relation to the availability or standard of those medical facilities.
- If an incident occurs, you will be required to complete an incident report form. We shall not in any event be held liable for any consequence arising out of your failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the tour.
- Comprehensive travel insurance is compulsory. You must take out your own comprehensive travel insurance cover for the full duration of your tour and for the countries in which the tour is to take place.
- The travel insurance cover must include emergency medical expenses, hospital and pharmaceutical expenses, personal injury, death, evacuation and repatriation. It is strongly recommended the cover includes cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience that may occur to you, as a result of loss, damage, injury, delay or inconvenience to you and your personal possessions while traveling.
- All participants must provide the following information no later than 30 days prior to the tour departure date:
a copy of your travel insurance confirmation
- the emergency telephone number of your insurance company
- next of kin emergency contact
- If you fail to provide proof of your insurance, you will not be able to go on the tour.
- We accept no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by you in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by us or elsewhere, are not compensable by us. We are not responsible for, and in no event shall be liable for, loss or damage of valuables or other articles left in or on facilities used on tour, such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
Changes to itinerary and activities
These rules apply to changes to the itinerary and activities:
- You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
- Due to the nature of these expeditions, weather, local events or government regulations may require changes to be made to your itinerary and/or the cancellation of some activities. Every attempt will be made to adhere to the itineraries described within the limits of safety and time. In the event of these changes, participants have no right to any refund or other compensation.
- We reserve the right to modify programme itineraries, including arranged sightseeing, and substitute accommodations, including vessels and trains, at any time due to a smaller group size, unforeseen circumstances or circumstances beyond our control. Every effort will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.
- We reserve the right to make changes in the published itinerary whenever, in our sole judgement, conditions warrant, or if they deem it necessary for the comfort, convenience or safety of the tour.
- We may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
- In the exceptional circumstance where the advertised Expedition Leader is unable to lead the tour due to illness or other reasons, a substitute expedition leader shall be found and no refund shall be made as a result of this change.
- We cannot accept liability where the performance of our obligations under our contract with you is prevented or affected or you otherwise suffer any damage, loss or expense as a result of force majeure events or other events beyond our control, the consequences of which neither we nor their suppliers could avoid, including but not limited to war, threat of war, terrorist activities, threat of terrorist activities, natural disasters, unnatural disasters such as explosions, acts of government, or local authorities, and warnings to reconsider travel arrangements or to not travel on the Smartraveller.gov.au website, and where it is not viable for us to operate the planned itinerary or a variation of it for operational reasons.
- A single supplement is bookable on our tours.
- If you are willing to share a room with another single traveller of the same gender, you must pay the single supplement rate and we will use reasonable endeavour to match you with another single traveller of the same gender, but we cannot guarantee availability.
- If we are able to match you with another traveller and you remain matched throughout the entire tour, you will be considered a twin share participant and refunded your single supplement within 2 weeks of tour completion.
- All participants on the tours we operate are expected to obey the local laws of the countries visited.
- Local laws and customs will be different to those in your home country.
- You are responsible to familiarise yourself with, and respect, local laws and customs and behave accordingly to not offend customs, especially in religious areas.
- We accept no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your tour or travel arrangements if you are detained by local authorities for breach of local laws.
Assumption of Risk
- You may be travelling to regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home.
- By booking with us you acknowledge that participation in our tours involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the increased possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in a tour involves visiting remote or unstable regions, or regions where there is dangerous wildlife.
- When assessing whether tours will operate, we use information from local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. However it is your responsibility to acquaint yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with us you acknowledge your decision to travel is made after due consideration of relevant travel information that may be made available at any time.
Limitation of Liability
- We make arrangements with a network of third-party suppliers (companies, government agencies and individuals) to provide you with some or all of the components of your tour.
- We cannot be held responsible for any personal injury, death, damage, loss, accident, or delay as a result of failure or negligence of any third-party suppliers.
- We are not liable if an airfares purchased by third-party travel agents or suppliers are unable to be cancelled or changed (with or without a fee) if a tour is cancelled or the itinerary is changed.
You accept without signing, a waiver to acknowledge your acceptance of the risks on tour, in this form:
I, the traveller, to the fullest extent permitted by law:
- release Arcadia Expeditions, its officers, employees, agents and representatives (“you”) from any liability for any loss, death, injury or damage which I may suffer(directly or indirectly) in connection with or arising out of my participation in a tour;
- waive any claims we may have against you arising out of or in connection with our participation in the tour;
- agree, to the extent permissible by law, to any condition or warranty otherwise implied by law into the tour contract is excluded, and to the extent they are unable to be excluded, is limited to the provision of an equivalent tour or the amount of the tour price;
- exclude any claims against you for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages;
- release and indemnify us from any loss, damage, costs, expense or claim arising out of the use of images of you including action for defamation, libellous material, breach of privacy and/or copyright, arising out of the use of images of you taken during the tour for advertising and promotional purposes.
- If you have a complaint about any of the tour arrangements, you must bring it to the attention of the Expedition Leader or other representative of Arcadia Expeditions at the time so that they may use their best endeavours to rectify the situation. It is only if we are made aware of any problems that there will be the opportunity to put things right. Any complaints must be made in writing to Arcadia Expeditions within 28 days of the completion of the tour.
- We value constructive criticism and feedback, to allow us to better the experience and to increase awareness of our tours. Feedback forms at the end of each tour may be provided for your completion.
- During the booking process and at other times, we ask for personal information about you. By providing this information, you authorise us to handle your personal information in accordance with Australian Privacy Principles.
- Australian Law, and where applicable, the laws of the State of New South Wales are the laws applicable, and the Federal Courts and the Courts of New South Wales have exclusive jurisdiction.
- There are a number of Australian laws pertaining to fair trading and privacy including the Trade Practices Act 1974 and the Commonwealth Privacy Act 1988 (with Amendments in 2000). Dispute resolution services are also available in each Australian State and Territory.
Authority of the Expedition Leader
- At all times the decision of the Expedition Leader will be final on all matters likely to affect the safety and well-being of the trip.
- This includes any decision that the leader makes about your on-going participation in the trip or certain activities that comprise part of the trip. If you fail to comply with a decision made by a leader, or interfere with the well-being of the group, then the leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
Photography during travel
- Arcadia Expeditions reserves the right to take photographs, video and other images during the operation of a tour and to use them for promotional purposes during the tour and thereafter.
- By booking a tour with us, you consent to allow us to use images of you taken during the tour for advertising and promotional purposes in any medium we choose. Such images will comply with rules which generally apply to images displayed in public media.
- You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
- If you prefer that your image not be used are asked to identify themselves to our office staff or your Expedition Leader at the beginning of your tour, so that your images are not used.
- We are accept no liability for any activity that you have chosen to do outside of the tour itinerary. The contract for that activity will be between you and the activity provider and you partake in such activity at your own risk.
- We are not responsible for the provision of such activities or for anything that happens during the course of its provision by the activity provider.