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Booking Conditions

These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our”, “50 Degrees North” means 50 Degrees North Pty Ltd (ABN 86 143 495 318), registered in Victoria, Australia.

1. 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 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.

2. SERVICES

The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; (b) the delivery of travel arrangements which we directly control; and (c) the support we provide on the ground during your travel. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.

3. PRICES & EXCLUSIONS

Prices stated are in Australian Dollars (AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary. Due to contractual reasons we are unable to itemise costs, and all tours are sold as a package without breakdown of individual costs.

International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.

FLUID PRICING

We operate based on a fluid pricing model. Prices for new bookings may fluctuate due to, but not limited to; currency exchange rates, market conditions, occupancy rates, early booking offers, discounts/special offers and marketing campaigns. This is normal practice within the travel industry. Therefore, we reserve the right to change our prices for new bookings without notice. This may result in different travellers on the same tour may have paid a different price. We will not enter into any correspondence regarding any such price variations.

TRIP DESIGN FEE

We have developed exciting itineraries of various lengths and travel styles on our website. However, if you don’t see just what you are looking for, please contact us and we will be happy to create a bespoke itinerary to suit your own travel style, interests and budget. Please note that customized itineraries require detailed knowledge and time to develop, and therefore, for these we ask for a design fee ranging from AUD200 and up depending on the length of your itinerary. This fee will be deducted from your booking provided your travel arrangement costs are greater than AUD1500 per person (not including airfare). Travel arrangements totalling less than AUD1500 per person will not have the fee deducted from the final balance, and the fee becomes an extra. All development or design fees paid are strictly non-refundable.

No trip design fee applies for tours book “as is” from our website.

4. PRICE VARIATIONS

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges, or new or amended Government charges.

We will not surcharge for currency fluctuations once full payment has been received by us.

In addition to our right to surcharge as described above, we reserve the right to correct any obvious pricing errors. In this circumstance, you agree that your booking value will vary by the difference between the original amount and the corrected amount.

5. DEPOSIT

A 20% deposit or $500 per person (whichever is the greater), is required within 7 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.

Note that we for some services and specific products may require a higher level of deposit. This is generally the case for some, but not limited to, cruises or voyages and Christmas and New Year tours.

6. FINAL PAYMENT

Payment in full must be received by the date(s) reflected on your invoice OR no less than 70 days before commencement of your trip (whichever is the earlier). If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.

For late bookings (bookings within 70 days of departure), full payment may be 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.

7. CANCELLATIONS BY YOU

If you wish to cancel your booking for any reason, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:

GENERAL TOURS:
  • Greater than 70 days prior to departure - loss of deposit
  • From 70 to 30 days prior to departure – loss of up to 50% of total cost
  • 29 days or less prior to departure - loss of up to 100% of total cost

In some cases, some services may require full payment prior to any reservations being made and may thereafter be non-refundable. In such case we will notify you of these conditions in our quotes and documentation to you. Any amendment request for non-refundable services may have to be treated as a cancellation. Cancellation fees for air tickets that are issued by us or on our behalf will apply as determined by Airline Tariff Regulations.

The cancellation charges specified above represent a genuine pre-estimate of the losses we have incurred if you cancel at particular points in time.

NOTE that different cancellation fees may apply to different travel components. For example;

  • Airlines often apply a 100% cancellation fee.
  • Cruises and expedition voyages often have more stringent cancellation conditions.
  • Tours and packages taking place over the Christmas and New Year period.

We take no responsibility for any cancellation of services you make directly with hotels, local tour leaders or representatives, or other local suppliers regardless of whether written proof is received by us.

Any partial cancellation of individual services that form part of the complete booking will at our discretion be subject to cancellation charges as above.

You agree that the deductions and cancellation charges as specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

For group departures, a transfer of a confirmed booking to another departure date at your request is deemed to be cancellation of the original booking.

8. ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL

If due to any illness, suspected illness or failure to satisfy any required tests or vaccination requirements:

  • an airline or other common carrier refuses you carriage;
  • a hotel or vessel refuses to accommodate you; or
  • we or our suppliers (acting reasonably) exclude you from the trip

and you are consequently prevented from commencing or continuing your trip, then:

  • if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
  • if you have not commenced your trip then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.

We will not be responsible for any loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.

9. OTHER CANCELLATIONS

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; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including Government Restrictions).

FORCE MAJEURE - PRIOR TO TRAVEL

If;

  • in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event, or
  • you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions.

then we may:

  • reschedule your travel arrangements in consultation with yourself, or
  • cancel your travel arrangements, in which case our contract with you will terminate.

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:

  • issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 24 months of issue against any travel services offered by us; or
  • refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third-party costs and other expenses incurred or payable by us for the cancelled 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 up until the time of cancellation and in connection with the processing of any refund.

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.

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 recovered third-party costs for cancelled travel arrangements only.

FORCE MAJEURE - GENERAL

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.

We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance, and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which you accept, 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 as soon as you have paid a deposit.

OTHER CANCELLATIONS

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your choice) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.

To the fullest extent permitted by law, we will not be responsible to you for any other expenses or loss you incur resulting from our cancellation.

10. AMENDMENTS AND POSTPONEMENTS BY YOU

We will endeavour to accommodate amendments and additional requests. Kindly acknowledge that these may not be possible to fulfil. A change of departure date for group bookings shall be deemed a cancellation.

The following fees apply for changes requested by you:

  • Changes made before the first day of travel: AUD 100,- per service changed
  • Changes made during travel: AUD 200,- per service changed
  • If any of the above changes requires the reissue of your travel documents, an additional fee of AUD 200,- will apply

The above fees cover our communication and administration costs. You will also be required to cover any additional costs charged by our suppliers.

AMENDMENTS, DATE CHANGES AND POSTPONING YOUR ENTIRE TRIP

For such changes, we will always do our utmost to assist you. Kindly acknowledge that these may not be possible to fulfil, and for group departures (Escorted tours, Small group tours, Christmas or New Year Tours), a change of a travel date is deemed a cancellation, see paragraph 7.

As we need to cover our costs associated with such amendments all travel date postponement requests are subject to a (local currency) $350 per person administrative fee. Additionally, clients are subject to any cancellation fees assessed by the purveyors of services including hotels, cruise lines, charter vessels, rail or airlines used in the itinerary. The total fee will be deducted from the deposit on file and the remaining balance will be moved to the booking with new travel dates.

11. AMENDMENTS BY US
PRIOR TO TRAVEL

Due to the dynamic nature of the travel industry, we may occasionally 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 any significant changes to your itinerary or its inclusions that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably.

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 (including associated costs) 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; and
  • 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.
12. UNUSED SERVICES

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common transport to operate according to schedule, which we disclaim responsibility for.

13. CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

14. TRAVEL INSURANCE

It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

15. ACCOMMODATION

Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge that these substitutions will not be considered a significant change.

16. PASSPORTS, VISAS & VACCINATIONS

It is a requirement that you hold a valid passport with sufficient validity, and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. 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.

17. HEALTH & FITNESS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request.

EXISTING MEDICAL CONDITIONS

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made, less an administrative fee of $250.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply as per §7 above.

NEW MEDICAL CONDITIONS

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip.

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 which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply as per §7 above.

NON-DISCLOSED MEDICAL CONDITIONS

If any non-disclosed medical conditions mean that you will require special assistance which we
cannot reasonably provide, then, acting reasonably, we may exclude you from the trip. This will be considered a cancellation by you and cancellation fees and charges will apply (See
‘Cancellation By You’ section above).

18. DIETARY REQUIREMENTS

Special dietary requests are required to be notified to us within 7 days after we confirm your booking. We will endeavour to communicate your requirements to relevant suppliers. However, 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 other than in circumstances where we have been negligent.

19. 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 given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.

20. ROOM SHARE

At times we offer a matching service for solo travelers who are willing to share twin accommodation, saving on single supplements. Only travelers of the same sex will be matched. There are no guarantees that a match will be possible, and we do not warrant the suitability or characteristics of any persons we match. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you. If we are unable to find a match, single supplements will apply.

21. AUTHORITY ON TOUR

When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

22. MINIMUM NUMBERS

Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affect by, or any additional costs incurred, as a result of cancellation.

23. IMAGE RELEASE

When on tour, we may take photographs or make recordings of you and your activities that identify you. 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. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.

24. 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 from visiting destinations which present geographical, political or cultural risks and dangers.

You should consult Government issued travel advice and guidance in your home country applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of this guidance, and you accept inherent personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.

25. RESPONSIBILITY
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 could include, but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attractions and venue operators, 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, and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.

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 contractors (where we have direct control over them) 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.

RECREATIONAL SERVICES

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.
This exclusion does not apply to significant personal injury caused by our reckless conduct.
Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

GENERAL LIABILITY LIMITATION

We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control.

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 guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

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.

26. COMPLAINTS

In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had reasonable opportunity to put things right on the ground.

If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).

If you fail to follow this procedure, this may limit your rights to make a claim.

27. DEEMED ACCEPTANCE

If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

28. GENERAL

The contract between 50 Degrees North Pty Ltd trading as 50 Degrees North, and you, is governed by the laws of the State of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

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, which is published here https://www.fiftydegreesnorth.com/au/privacy-and-legal

Updated: 4th November 2024