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Booking Terms and Conditions The website of http://diplomatravel.creativeholidays.com ("the Site") is operated by Creative Tours Pty Ltd ABN
23 00 328 6459. On this website and in these booking conditions Creative Tours Pty Ltd and entities that are related or affiliated with it in the provision of the services it agrees
to provide (where the context admits, together with its and their employees and agents) are included
in the expressions the "Company", "Creative Tours", "we", "our" or "us" and a person taking advantage
of the services offered by Creative Tours, all other persons (if any) included with that person in
the booking and that person’s or those persons’ travel agent (if any) are included in the expression
"you", "your", a "client" or "passenger".
1. Booking Arrangements: Booking of travel arrangements and payment thereof shall be considered proof
that you have read our booking terms and conditions and that you accept them without reservation as
constituting the entire agreement between yourself and the Company which can only be varied by an
officer of Creative Tours in writing. The person making a booking shall be deemed to have accepted
our booking terms and conditions on behalf of all persons named in the booking. The Company does not
own nor operate the airlines, hotels, sightseeing, shipping, transfer or vehicle hire companies or
cruise lines (herein called "suppliers") whose transport, accommodation or meal services you may
receive on your holiday. The Company reserves the right to pass on any costs imposed by airlines for
ticketing plus a service fee and GST. All holiday components sold by the Company are provided by
reputable suppliers, which operate in accordance with the standards set down by their own local
authorities. The Company bookings therefore are subject to the terms, conditions and limitations of
such suppliers, some of which exclude or limit liability in respect of death, injury, delay, loss or
damage to your person and/or effects. The Company recommends that all passengers take out adequate
travel insurance cover valid for the entire duration of the holiday.
2. Changes in Price and Itineraries: Prices are in Australian dollars (except where noted otherwise)
and are correct at the time of publication and are subject to change without notice. In the event
that currency fluctuations affect the price of your booking, we reserve the right to adjust our
prices as necessary at any time. In the event of airline schedule changes or those made by our
suppliers or for any reason beyond our control, we will notify you. In the event that new Trade Fair
periods or new Trade Fair rates and /or dates become evident, The Company will inform you of any
change and invoice you at the new rates. Revised rates will apply to all bookings including those
made before the change. If the change or changes result in your holiday costing more, or otherwise
being materially different from that prior to the change or changes being effected and in respect of
which we have already accepted your deposit or balance payment, you may rearrange your holiday or
withdraw and monies already paid will be refunded less any charges levied by suppliers. The price
that is applicable at any time is that which is quoted at that time by the Company’s computer based
system. Government taxes and charges imposed by third parties are subject to change.
3. Payment: All payments for bookings for any products acquired via the Company website must be paid
in full by Credit Card issues (American Express, Visa or Mastercard). You must therefore provide
us with all the required details. A credit card fee of 1.7% is included in the total cost of the booking.
4. Prices and Invoice Errors
(a) The Company endeavours to ensure that all prices listed on the Site are accurate
and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the
Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or
prices as necessary, even if the Products acquired have been paid for in full, to reflect such cost
increases passed onto the Company.
(b) The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or
billed, even if the Products acquired have been paid for in full.
5. Cancellations, alterations, refunds and reissues: If you cancel or terminate your holiday you will
forfeit the full payment made. For this reason the Company strongly recommends that your travel
insurance policy includes cover for cancellation charges in the event of cancellation due to illness
or other circumstances. This may result in a delay in processing any refund due as we await advice of
cancellation charges by airlines, hotels and ground/cruise operators.
6. Service Payment: To make any changes after your booking has been finalised, please contact Diploma Travel. A Service Payment of $55 per booking in addition to any charges levied by Diploma Travel, hotels,
ground/cruise operators or airlines, will be charged for document reissue. A document reissue means an alteration to an existing booking and not a transfer to another package wherein cancellation fees may apply as well as the Service Payment.
7. Refunds: No refund is available for cancellations at anytime, including after holiday package has
commenced or in respect of any tours, accommodation, meals or any other services not utilized. Please
note that employees of any supplier are not authorized by the Company to make any undertakings to a
client in respect of refunds or other matters.
8. What’s Not Included in the Holiday
Price: Passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the
itinerary, tips to Tour Directors, motor coach drivers and local city guides, items of a personal
nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry,
detention in, or expulsion or repatriation from a country or part of a country. The Company is not
liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the
Company responsible for any such things.
9. Insurance: You should arrange your own insurance. The Company recommends travel insurance against
loss of deposits through cancellation charges, baggage loss, medical expenses and theft. The Company
makes no representations or guarantees concerning reimbursements of funds paid by you under any
insurance claim. You agree not to hold the Company responsible for any decision made by insurers,
and/or by any suppliers, or requirements of any overseas country or governmental authority or
overseas laws and policies.
10. Passports, Visa, Vaccinations and Baggage: A visa does not guarantee you entry to a country or
permission to remain in it. Some countries may refuse entry because of your health, condition, or
other circumstances or for other reasons, or may detain, expel or repatriate you. It is your
responsibility to find out about applicable entry and other requirements of overseas countries you
are intending to visit. These things are not our responsibility. You should check with the embassies
or consulates or other authorities of the countries in which you intend to travel for any health,
entry or visa requirements that are applicable and you should make the appropriate disclosures as
required. A failure to disclose a health condition may result in the applicable country refusing you
entry, or in you being detained, expelled or repatriated from it. The Company and/or its servants and
agents accept no responsibility if you are refused entry into the country/countries of your
destination. The Company and/or its servants and agents are not liable for any expenses, costs
liabilities or loss incurred in relation to such matters. You agree to not hold the Company including
its servants and agents responsible for any such thing. The Company/and or its servants and agents
are not responsible for any disclosures of a health condition made by other suppliers who provide
services on the holiday or for the acts of any governmental instrumentalities of the countries
connected to your holiday. You are responsible for all visas, entry, health and other requirements
and any documents required by laws, regulations, orders and/or requirements of countries visited. The
Company and/or its servants and agents are not responsible for passport and visa requirements or for
any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of
countries visited. To ensure the safety of all passengers, including you, it may be necessary for the
Company and/or its servants and agents to disclose your condition of health to suppliers of other
services connected with your holiday. You authorise the Company and/or its servants and agents to
make such disclosure on your behalf and agree that a disclosure by the Company and/or its servants
and agents shall not amount to a breach of confidence or duty and you will not hold the Company
and/or its servants and agents liable in tort (actionable wrong) or in contract or under any
anti-discrimination laws.
11. Hotel Locations and Descriptions: Please note that maps on this website are not to scale and are
provided only as a guide to locations. Hotel descriptions featured are based on current international
hotel guides and information provided by hotels and Suppliers and any facilities shown as included
are subject to change at any time. Hotel room photographs may not be specific to actual room
occupied.
12. Hotel Check-In: To guarantee charges for incidental items, suppliers require
validation of a current credit card upon check-in.
13. Room Bedding Guide: Prices on this website are based on existing bedding in the room. Requests
for particular arrangements must be made at the time of booking. eg. twin share - separate beds,
additional rollaway beds may be arranged at time of check-in and charges are payable direct to the
hotel. Please note that the ‘Bedding Guide’ is provided purely as a guide, which may change, subject
to hotel renovations or other circumstances.
14. Holiday Variations: If unforeseen circumstances beyond our control require us to make necessary
changes to your holiday, we reserve the right to cancel or reschedule departures and itineraries.
Where it is necessary to change a hotel the Company reserves the right to substitute accommodation of
at least a similar standard.
15. Frequent Flyer Points: Airfares may or may not attract Frequent Flyer points. This decision rests
with the airline and is not the responsibility of the Company. For further information please contact
the airline directly.
16. Passport Checks: You are required to ensure names being used to make a booking with the Company
are exactly as those appearing in the passports. Any name/initial or spelling changes will incur a
$55 fee per change.
Limitations and Liability
The Company arranges your holiday, which will be provided by other suppliers. The Company has offices
in Sydney and USA. The Company sells holidays in Australia that are arranged by the Company or by
entities related to or affiliated with it. The Company provides you and other passengers with
bookings, arrangements, ticketing and other ancillary and related services. The Company does not
itself provide the transport, accommodation, meals or other facilities described on this website that
you may receive on your holiday, all of which are provided by air and land carriers, cruise
operators, hoteliers or suppliers of other services as principals. The Company agrees to make the
reservations with the principals offering the services described on this website on these terms and
conditions. All coupons, exchange orders, contracts, tickets or vouchers issued by the Company
(collectively "vouchers") are issued subject to all tariffs terms and conditions contained in the
contracts in use by the principals when used and constitute the sole contract between the principal
and the passenger. Acceptance of such vouchers constitutes acceptance of the foregoing.
Responsibility: The Company shall be responsible to the passenger for arranging supply of the
services described on this website, except where such services cannot be supplied or the itinerary
used is changed due to delays or other causes of whatever kind or nature beyond the control of the
Company. In such circumstances, the Company will do its best to arrange supply of comparable services
and itineraries and there shall be no refund in this connection. In the absence of its own
negligence, neither the Company nor any agent or affiliate has any liability for any cancellations,
diversions, substitution of equipment, variations, postponements or any other act, omission or
default of air or land carriers, cruise operators, hoteliers or hotels, transport companies or any
other suppliers nor for any consequences thereof such as changes in services, accommodation or
facilities. In the absence of its own negligence neither the Company nor any agent or affiliate shall
be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any
damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission,
default or negligence of any person not its direct employee or under its exclusive control, including
any act, error, omission, default, or negligence of any country, government or governmental
authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any
criminal conduct by any third parties. All bookings agreed to be made by the Company with the
provider of any transport or other services are subject to the terms and conditions imposed on such
suppliers in relation to matters that may not be expressly the subject of our agreement with them
and, in particular, to the applicable laws, requirements and policies of any government, governmental
authority or employee including, visa, entry, exit or transit. Where the passenger occupies a motor
coach seat fitted with a safety belt, neither the Company nor any agent, affiliate or supplier
concerned will be liable for any injury, illness or death or for any loss damage or claim whatsoever
arising from any accident or incident if the safety belt is not being worn at the time of such
accident or incident. The Company accepts responsibility only for the services it provides. The
Company does not accept responsibility or liability for any acts, omissions or defaults whether
negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any
responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether
negligent or otherwise) of any governmental authorities, their officers, or employees or of any
employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping
companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other
accommodation providers, any other facilities providers, tour directors, tour guides, travel agents,
or the providers to you of meals, other goods or other services on your holiday or in relation to it
and over whom the Company, its agents or affiliates have no direct control. Neither the Company nor
any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but
not limited to contract, in tort or under any other law for any injury, damage, loss, delay,
additional expenses or inconvenience caused by your own acts and/or omissions, or other events which
are beyond their control including force majeure or other events including but not limited to war,
civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other
authorities, failure of equipment or machinery. Neither The Company nor any agent or affiliate
accepts any liability or responsibility for any terms, conditions or requirements of any third party
who provides some service in the course of your holiday. If you decide that you do not want to visit
a country or part of a country you intended to visit because of any law, condition or requirements of
any government or governmental authority, official, servant or agent, you are responsible for any
costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or
amendment fees. Neither the Company nor any agent, accepts any responsibility or liability for your
acts, omissions, defaults, conduct, state of health, condition or circumstances. Every effort is made
to ensure website accuracy at all times. However, the Company cannot be held responsible for printing
or typographical errors or errors arising from unforeseen circumstances.
Other Conditions: It is your responsibility to comply with the terms, conditions and requirements of
any service provider, or any country or governmental authorities, or to bear any costs or losses
incurred as a consequence of you not complying with them.
Standard of Service: The standard of service in your holiday is based on various factors and neither
the company nor its servants or agents represent or guarantee the standard or fitness for purpose of
the accommodation or services provided.
Law and Jurisdiction: The agreement between the Company and the passenger in respect of the services
to be provided by the Company to the passenger and which is constituted by the terms and conditions
contained on this website (and no other matters) is governed by the laws of New South Wales,
Australia. The Company and the passenger submit to the exclusive jurisdiction of the Courts of New
South Wales and Courts of appeal therefrom.
Complaint: Should be lodged in writing to the Company within 30 days of return to Australia with
supporting documentation. No airline by virtue of being depicted on this website represents itself
either as contracting with any purchaser of a holiday from or as having any other legal relationship
with such purchaser. All products on this website can be sold only in conjunction with air tickets
sold in Australia.
Your Privacy:
We will handle your personal information in accordance with our Privacy Policy, which is posted on
the Site. By making a booking for any one or more of the products and/or services offered on the
Site, you are indicating -
(a) that you have read our Privacy Policy and
(b) your acceptance of our Privacy Policy.
User Agreement:
By using our site to search for and/or book the products and/or services offered, you are indicating -
(a) that you have read our User Agreement posted on our Site and
(b) your acceptance of our User Agreement.
Financial Protection: The Company is a participant in The Travel Compensation Fund (TCF). TCF is a
fund administered by a regulatory body established by government to protect consumer funds in the
event of a member’s financial failure. The Company’s clients can have complete confidence that the
Company meets the strict financial criteria necessary for participation in the TCF.
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