The terms and conditions (‘booking conditions’) set out below form the basis of your contract with Arch Fire Pty Ltd ACN 613 558 919 trading as
Constellation Journeys (referred to in these booking conditions as ‘Constellation Journeys’, ‘we’, ‘us’ or ‘our’).
Please read these booking conditions carefully as they set out the parties’ respective rights and obligations. By booking your holiday and paying
the deposit, you (referred to in these booking conditions as ‘you’ or ‘guest’) agree that you have read, and agree to be bound by, these booking
References in these booking conditions to your ‘holiday package’ or the ‘tour’ are references to the tour you have booked with Constellation Journeys.
References to ‘excursions’ are references to short trips or tours included or available as part of your holiday package.
We may modify our booking conditions without notice at any time where such amendment does not substantially affect your rights and obligations.
If any changes to the booking conditions substantially affect your rights and obligations, we will notify you of these changes as soon as practicable.
1. BOOKING YOUR HOLIDAY
Package Price – Prices are in Australian dollars (except where stated otherwise) and are correct at the time of printing.
The price for your holiday package (‘Package Price’) is as set out in this brochure (‘Brochure’) unless it is varied by us after the date of publication
and notified to you. Government taxes and charges imposed by suppliers or third parties, including airline fuel surcharges, taxes or ticketing
fees, are subject to change. Constellation Journeys also reserves the right to adjust prices to reflect fluctuations in foreign exchange rates.
Late booking promotions and special offers do not apply to existing bookings unless otherwise stated.
Deposits – To secure your booking, the following deposits are required:
(a) 10% deposit per person, per holiday package, at the time of booking;
(b) a further payment of 15%, per person, per holiday package, is due 180 days
prior to departure; and
(c) full and final payment for your holiday package is due 120 days prior to departure.
Full payment is required at the time of booking for reservations made less than 120 days before departure from Australia. If Constellation Journeys
is unable to confirm your reservation, all deposit monies received by us will be refunded to you. Constellation Journeys reserves the right
to cancel any ticket, booking, holiday package or tour or refuse to carry any guests where payment has not been received by us in accordance
with these booking conditions. Payments from travel agents – Your travel agent may forward deposits and other payments to us on your behalf.
Payment to your travel agent does not constitute receipt of those monies by us. Constellation Journeys accepts no responsibility or liability
in respect of any monies paid to your travel agent, unless and until Constellation Journeys notifies you (by way of a booking confirmation
advice, payment receipt advice or tax invoice) that such monies have been received in full by us.
Special Requests – If you have a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight
seat requests and/or particular meals), you must advise us at the time your booking is made. Whilst all reasonable efforts will be made to
accommodate your special requests, all special requests are subject to availability and cannot be guaranteed by Constellation Journeys. The
fact that your special request has been conveyed to our suppliers or is noted on your invoice, confirmation advice or any other notification
from us does not mean that your special request can or will be fulfilled.
Credit Card Surcharge – If you pay by credit card, a credit card surcharge is applicable.
Inclusions – Please read your itinerary carefully for the items that are included in your holiday package and in the Package Price. All travel,
travel insurance, accommodation, airfares (as stated in your itinerary), gratuities, transfers, sightseeing, specified excursions, meals, admissions,
taxes and the service of a Tour Manager are included in the Package Price.
Transfers to/from your home to the airport are included in air inclusive package price for guests booked in First Class and Business Class, when
your home is within a radius of 60 driven kilometres from the nearest domestic or international airport. An additional charge per car, per
kilometre for transfers over 60 kilometres will apply. No refund will be given for unused transfers. Guests who miss the prebooked transfers
must make their own way to/from the airport at their own expense.
Exclusions – Items which are not specifically listed in this Brochure or your itinerary are not included in the Package Price. This includes (but
is not limited to), passport and visa charges, personal expense money, vaccinations, medications, items of a purely personal nature (e.g. laundry
bills, bar bills and phone calls), expenses incurred for items purchased away from the tour (additional meals, tours, transport etc.), optional
excursions, excess or oversized luggage fees and insurance for travel extensions or specific pre-existing medical conditions or age loading
Room configuration – You will be accommodated in a ‘standard room’, in all hotels, regardless of the rating, based on twin share, unless otherwise
stated in the brochure. Requests for particular bedding configuration must be made at the time of booking. Additional charges may apply.
Solo travellers – A limited number of single rooms may be available on request. To reduce cost, Constellation Journeys can arrange for single travellers
to share a twin room. Alternatively, single occupancy may be available at an additional cost. If we are required to arrange for single travellers
to share a room, we may accommodate a smoker and a non-smoker together, but the room provided will be a non-smoking room.
Guests requiring special assistance – Constellation Journeys welcomes guests with disabilities or special needs provided that they are accompanied
by a companion capable of providing all necessary assistance.
Any disability or medical condition requiring special attention must be reported to Constellation Journeys at the time of booking. Constellation
Journeys will make reasonable efforts to accommodate the special needs of disabled guests, but is not responsible for any denial of services
by carriers, hotels, trains, restaurants, or other independent suppliers, or for any additional associated expenses. Wheelchairs and
walkers cannot be carried on coaches, due to space limitations. Constellation Journeys is unable to provide individual assistance to any guest
for walking, dining, boarding or alighting coaches or other transportation vehicles, or for other personal needs.
Visa and passports – All guests must have a valid passport (with at least 6 months before expiry from the final date of travel and 4 blank
pages). You are solely responsible for meeting all necessary passport requirements (including any associated costs). Details of visa requirements
and applicable application forms will be sent to you by Constellation Journeys approximately 16 weeks before departure.
Constellation Journeys will assist with visa applications and lodgements on your behalf.
A La Carte Options – Minimum and maximum group numbers may apply. If your first choice is unavailable, you may be asked to choose an alternative.
2. TRAVEL DOCUMENTS
Travel insurance – The price of your package includes travel insurance underwritten by Accident & Health International Underwriting Pty Ltd
ABN 26 053 335 952, AFS license No 238261 on behalf of CGU Insurance Ltd. Travel insurance is provided for guests up to and including 85 years
of age, subject to meeting the requirements of the insurer, and is valid for 30 days. A summary of the travel insurance will be sent to you.
The Product Disclosure Statement is available from our insurance brokers, MCA Insurance Brokers, email:email@example.com Any
information provided in the brochure is general and does not consider your objectives, financial situation or needs. Certain pre-existing conditions
are not covered under this policy. For details in relation to these exclusions please enquire.
If you choose to make alternative arrangements the tour price will be reduced by the amount of the policy. You are required to advise Constellation
Journeys of your alternate insurance arrangements.
Other documents – After booking, you will receive an invoice with all important information relevant to your holiday package. We strongly recommend
you check the details carefully and read the included information. Tickets, final itineraries and detailed travel information will be forwarded
to you or your travel agent approximately two weeks prior to departure.
3. IF YOU CANCEL OR CHANGE YOUR BOOKING
Cancellation policy – If you wish to cancel your booking, you must provide Constellation Journeys with notice in writing. Cancellations are only
effective upon receipt by Constellation Journeys of such written notice.
|Days of Notice:
||Fee Per Person:
|Between booking date and 180 Days
||Loss of deposit
|Between 179 and 120 days
||25% of the package price
|Less than 120 days
||100% of the Package Price
|Cancellation on holiday
||100% of the Package Price (There is no refund for unused services, or if portions of the holiday package are missed or not used.)
Additional cancellation fees may also be payable for accommodation, airfares or other travel services booked or reserved outside of the holiday
package dates. You will be responsible for payment of all such additional cancellation fees payable to third party suppliers which will be
notified to you.
Changes or additions – Changes to a holiday package or booking after the deposit has been paid may result in an administrative fee or service charge.
Constellation Journeys will use all reasonable endeavours to accommodate any changes, however, depending on the nature of the change, it may
not be possible.
You will be responsible for any additional costs incurred as a result of any requested changes to your booking.
4. IF CONSTELLATION JOURNEYS CANCELS OR CHANGES YOUR BOOKING
Cancellation by us – Although Constellation Journeys endeavours to provide you with all the services confirmed at the time of your booking of your
holiday package or excursions, we reserve the right to amend, cancel or make substitutions for any travel component without prior notice to
you, including hotels, if, in Constellation Journey’s opinion, the situation requires a change or cancellation of arrangements. Constellation
Journeys does not assume any responsibility or liability for any loss, inconvenience or expense incurred as a result of any change or cancellation.
Changes to itineraries – Your itinerary is a guide only, and is subject to alteration without notice. Alterations may be necessary for various
reasons including, without limitation, road, river or weather conditions or other unforeseen circumstances beyond our control. We reserve the
right to vary your itinerary in these circumstances and to provide alternative services including, but not limited to, substitute transport
Constellation Journeys will not be liable for any costs that may be incurred by you because of any event or other factor beyond our control which
necessitates a change to your itinerary.
Changes due to force majeure – If Constellation Journeys is required or elects in its absolute discretion (whether directly or through its employees,
contractors, subcontractors or agents) to make a change to, or cancel, a booking (or any part of it, including excursions) due to force majeure
(for example, circumstances such as political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes,
terrorist activity, natural or nuclear disasters, fire, epidemic or health risk, acts of God, changes in laws or regulations, adverse weather
conditions, travel warnings or advices issued by the Department of Foreign Affairs and Trade, or other similar events beyond our control),
we will either:
(a) terminate your booking (in whole or in part) in which circumstance no refund will apply.
(b) change your travel arrangements as reasonably practicable to ensure your safety.
Additional charges may apply.
Constellation Journeys accepts no responsibility or liability whatsoever for any cancellation or changes to your holiday package due to an event
of force majeure. It is your responsibility to ensure travel insurance adequately protects you in the event of force majeure cancellation.
Minimum number of guests – All tours and excursions require a minimum number of guests to be financially viable and to ensure a pleasant group
experience. If the minimum number of guests for a tour or excursion is not achieved, we reserve the right to cancel a scheduled departure and
offer an alternative tour or to cancel your holiday package and refund of the monies paid to Constellation Journeys.
5. HEALTH AND MEDICAL
Health requirements – A good level of fitness and health is required to participate in this journey. In some destinations, there are extensive
sightseeing excursions by foot, which can include climbing of stairs and walking on uneven surfaces. Mobility is needed boarding or alighting
coaches and other vehicles. We recommend a visit to the doctor and dentist before travelling to overseas destinations. It is your responsibility
to advise Constellation Journeys of any pre-existing medical conditions that may affect the normal conduct of a holiday package and the enjoyment
of other guests.
Your health whilst travelling – A doctor will travel with the group for the duration of the tour (Tour Doctor).
The Tour Doctor is an independent registered medical practitioner who is available to provide limited medical attention to tour guests should the
need arise. The Tour Doctor holds professional indemnity insurance and will bring a limited amount of medical supplies. Constellation
Journeys is not responsible or liable for any advice or treatment that may be provided by the Tour Doctor, or any failure on the part of the
Tour Doctor to fully diagnose or treat any medical injury or condition which may arise or be identified during the course of the tour.
Due to exclusions in professional indemnity insurance, Australian doctors are unable to provide medical services whilst travelling in the United
States of America or its territorial waters. In lieu, the Tour Doctor will assist in arranging local medical services during this time. You
are responsible for all charges that result from visiting a medical facility, or for a medical practitioner (other than the Tour Doctor) visiting
you. Constellation Journeys is not responsible for the type or quality of the medical services you may receive. Guests with unfit mental or
physical conditions – If, in the reasonable opinion of any representative of Constellation Journeys, your mental or physical condition is likely
to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other guests,
or result in you becoming objectionable to other guests or staff, you will not be permitted to embark on or continue any remaining part of
the holiday package.
Constellation Journeys is not liable to you for any costs associated with such decision and you will not be entitled to a refund for any part of
the tour missed.
6. LIMITATION OF LIABILITY
Independent Suppliers – Our holiday packages may include the services of hoteliers or other accommodation providers, air carriers, cruise and ferry
operators, coach operators and other transport providers and other operators who are not agents, servants or employees of Constellation Journeys
and over whom Constellation Journeys has no direct control (Independent Suppliers). Although we take care in selecting the Independent Suppliers,
and the optional excursions conducted by some Independent Suppliers, Constellation Journeys does not accept any responsibility or liability
for any acts, omissions or defaults, whether negligent or otherwise, of the Independent Suppliers.
Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling.
You accept and assume the risk involved with these activities. Constellation Journeys does not accept any responsibility or liability of any
nature whatsoever for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts or omissions in
undertaking or participating in, the optional excursions.
Limitation of liability – Notwithstanding any other provision of these booking conditions, to the maximum extent permitted by law, except to the
extent that liability cannot be limited or excluded, Constellation Journeys’ total liability for all events giving rise to any liability on
its part arising out of or in connection with these booking conditions or your holiday package, whether arising in contract, tort (including
negligence), indemnity, breach of warranty or pursuant to statute, will be limited (at our election) to the resupply of services to you or the
payment of the cost of resupply of services to you. Without limiting the above, to the maximum extent permitted by law, Constellation Journeys’
aggregate liability to you on any basis and in any circumstances (including liability for breach of contract, negligence or breach of any other
law) will not in any event exceed the Package Price.
Exclusion of consequential loss – Under no circumstances whatsoever will Constellation Journeys, its directors, employees, agents or contractors
or subcontractors be liable to you for:
(a) any property damage (real or personal), personal injury (including death), illness, detention, postponements or delays (including due to international
public holidays or religious festivals, airline delays, mechanical breakdowns or transport interruptions or failures); or
(b) any indirect, special or consequential loss or damage (including without limitation, loss of enjoyment, economic loss, loss of revenue, loss
of time, loss of use, loss arising out of claims by third parties or lost opportunities) arising under or in connection with these booking
Implied warranties – Any term, condition or warranty express or implied by statute or otherwise in respect of your holiday package are excluded
to the full extent permitted by law. However, nothing in these booking conditions excludes, restricts or modifies the application of the Competition
and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.
Brochure accuracy – Constellation Journeys has used its best endeavours to ensure that the information provided in the brochure is accurate and
up to date at the time of print. However, advertised descriptions, facilities and prices may change after publication. Constellation Journeys
reserves the right to correct any errors in fees, charges, rates or prices quoted or billed. We recommend that you confirm the details
of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes in this Brochure are given for guidance
only and are subject to change. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different
from those described in this Brochure as a result of local conditions, weather conditions and annual events. Constellation Journeys will endeavour
to notify you of any significant changes prior to your departure. Maps contained in this Brochure may not be to scale. Some images are copyright,
and have been reproduced with permission.
Local purchases – Constellation Journeys is not responsible for any items you may purchase whist on holiday. You acknowledge that you are solely
responsible for any import duty or freight costs.
Smoking – For other guests’ comfort, smoking is only permitted in designated areas.
Personal information – You authorise us to collect your personal data and provide it to any relevant Independent Suppliers and government/public
authorities (such as customs, immigration and the security services) in connection with your holiday package. We will keep confidential all
other personal information that you provide to us. We will only use names and contact details for our marketing purposes. If you do not wish
Photos and videos – Photographs or videos of the tour may be captured by us for promotional purposes. Unless you otherwise notify us in writing,
you agree that such material may be used for promotional purposes in our advertising or publicity material without obtaining any further consent
Luggage limits – Each airline has policies relating to luggage limits and category of seat. Additional charges may apply for excess luggage. Personal
belongings – For security reasons, valuable items and essential personal items should be packed in your hand luggage. It is your responsibility
to look after your property at all times. Constellation Journeys does not accept any responsibility for your lost or stolen belongings.
Complaints – If a problem occurs during your holiday, you should advise your tour manager so that steps can be taken to resolve the matter. If
the matter cannot be resolved after the Tour Manager’s best endeavours to do so during the tour, your complaint should be made in writing to
Constellation Journeys as soon as is reasonably possible after the conclusion of the tour, but in any event, within 30 days so that your complaint
can be investigated. Any claims made after the 30 day period will not be considered by Constellation Journeys, unless the circumstances warrant
Bookings – Bookings may be made at: 832 High Street, Kew East, Victoria 3102 Australia. Telephone: 61 3 92 49 96 44. Toll Free: 1300 992 339 within
Australia or your Travel Agent.
Severability – Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that
jurisdiction, if possible, so as to be valid and enforceable in that jurisdiction, and otherwise must be severed to the extent of the invalidity
or unenforceability, without affecting the remaining provisions of these booking conditions or affecting the validity or enforceability of
that provision in any other jurisdiction.
Governing Law – These booking conditions are governed by the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction
of the courts exercising jurisdiction in Victoria and any court hearing appeals from those courts.