The www.goneawol.com.au website (the “Site”) is owned and operated by Gone AWOL (ACN 635 212 314) trading as Gone AWOL Pty Ltd. In these booking terms and conditions the expressions “Company”, “Gone AWOL”, “we”, “our” or “us” mean Gone AWOL in the provision of the services it agrees to provide (where the context permits, including its and their employees and agents) and the expressions “you”, “your”, “client” or the “passenger” include a person seeking or requiring the services offered by Gone AWOL, all other persons (if any) included with that person in the booking and that person’s or those persons’ travel agent (if any).
TRAVEL PRODUCTS AND AVAILABILITY
Gone AWOL arranges bookings, ticketing and other ancillary services of and related to travel and accommodation including but not limited to treks, hikes, walks, transfers and leisure/adventure activities (“Travel Products”). Gone AWOL does not arrange flights.
By booking and paying a deposit for any Travel Products, you acknowledge and confirm that you have read our booking terms and conditions, that you accept them without reservation as constituting the entire agreement between you and us.
Bookings of all Travel Products we arrange are provided by Suppliers we believe to be reputable and who operate in accordance with the standards set down by their own local authorities. Those Travel Products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to person and/or effects) and we accept no responsibility for them nor do we make or give any warranty or representation as to their standard, quality or fitness for any particular purpose. Any legal recourse you may have in respect of those Travel Products is against those Suppliers and not against us.
It is a mandatory requirement of all passengers to take out adequate travel insurance for the duration of their travel arrangement booked through Gone AWOL.
All Travel Products shown in our promotional materials and on the Site may be booked, subject to availability at the time of booking.
QUOTES AND PRICES
We endeavour to ensure the accuracy and currency of all prices displayed in our promotional material and on the Site. Prices are:
The expression “from” with respect to a price means the lowest price for the Travel Product we believe is available at the time of publication, based on information we have received from Suppliers.
Taxes, Charges and Currency Fluctuation
Government taxes, port charges and other charges imposed by Suppliers or third parties (including ticketing fees, airline and cruise line fuel surcharges) are subject to change. If there are any increases in such taxes, charges or Supplier rates or any currency fluctuation which increase the price of your booking, we reserve the right to change the price you must pay by including the additional charges or amount (together with any applicable service fee and GST) at any time prior to and including the date of your departure, even if we have received full payment from you.
We reserve the right to correct any errors in fees, charges, rates or prices quoted or billed, even if we have received full payment from you.
What’s Not Included in the Holiday Price
The price does not include airfares (unless otherwise stated), gratuities / tips (unless otherwise stated), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, porter fees (where applicable) items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry to, detention in, or expulsion or repatriation from a country or part of a country. We are not liable for any expense, costs or loss incurred in relation to such matters and you release us from all liability, damages or responsibility in relation to them.
Payment for Gone AWOL bookings can be made via EFT (electronic funds transfer), cheque/cash and/or credit card.
Depending on the Supplier’s terms and conditions of booking, you may be able to hold a booking without payment, pay a deposit for it or you may be required to make an immediate payment in full.
Final payment due date varies and will be stated on your booking confirmation. As a general guide, final payments are due 95 or 75 days prior to the departure date depending on your destination. Failure to remit payment by the due date may result in automatic booking cancellation with applicable cancellation fees charged.
Hold – You will be notified whether a booking may be held and the period it may be held. If held, you must pay a deposit or full payment in accordance with these terms and conditions and the notification (generally within 3 days of it being held, unless your date of travel is less than 90 days from departure).
Deposit – Unless otherwise notified you must pay a deposit to secure the booking. The deposit value varies by Gone AWOL and you will be notified upon booking confirmation of the deposit amount required to confirm your travel booking.
Immediate payment – You will be notified if any booking requires immediate payment in full. You must make that payment immediately to secure the booking at the notified price.
If you fail to make any required payment outlined above, your booking is automatically cancelled unless we notify you otherwise in writing.
CANCELLATIONS, AMENDMENTS, REISSUES AND REFUNDS BY US
Gone AWOL reserves the right to cancel a departure and will advise you of such cancellations no later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Gone AWOL reserves the right to cancel a departure at any time. With any form of cancellation, Gone AWOL will offer you alternative arrangements if available, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Gone AWOL, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Gone AWOL will not be liable for any additional costs incurred by you.
Gone AWOL will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Gone AWOL and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
Gone AWOL reserve the right either before or during the tour to refuse to carry or accommodate any client which it reasonably considers, in the light of the best interests of all participants in the tour, to be unsuitable by reason of physical or mental condition or unruly behaviour.
CANCELLATIONS, AMENDMENTS, REISSUES AND REFUNDS BY YOU
If you wish to cancel all or any part of your booking, notification of cancellation must be made to Gone AWOL in writing. The date of the cancellation is the date on which written notification is received by Gone AWOL.
The following cancellation charges apply per person on cancellation 60 days or more prior to trip departure – Loss of deposit
No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. Refunds will be at the discretion of Gone AWOL if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation penalties in certain circumstances (Note: such insurance will not cover a change of mind).
If you do not pay the balance of your total booking cost at least 60 days prior to departure, your booking may be terminated and you will lose your deposit. Additional Gone AWOL cancellation penalties may apply.
No refunds will be made if you leave a trip for any reason after the trip has begun. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised.
LIMITATION OF LIABILITY AND RESPONSIBILITIES
We arrange the provision of Travel Products which are provided by Suppliers. We do not ourselves provide the Travel Products you may receive on your holiday. Where Gone AWOL provides services it will do so with due care and skill.
Exclusion of Liability
In the absence of our negligence, we are not liable for any cancellations, diversions, substitution of equipment, variations, postponements or any other act, omission or default (whether negligent or otherwise) of any Supplier nor are we liable for any loss or damage to baggage or property, injury, illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising from the act, error, omission, default or negligence of any person not our direct employee or under our exclusive control.
We are not responsible for any criminal conduct of any third party.
We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused by your acts, omissions or defaults, your state of health, medical condition or circumstances or other reasons which are beyond our control, including force majeure events or failure of equipment or machinery.
To the extent permitted by law, all express and implied warranties, guarantees, representations or terms are expressly excluded.
Where the law implies any warranty guarantee or condition which cannot be excluded, our liability to you for breach thereof is limited to supplying the services again or payment of the cost of having the services supplied again.
Despite any other provision of these terms and conditions, to the extent permitted by law, our maximum liability to you or any third party is limited to the price you have paid us for the booking.
Passports, Visa, Vaccinations and Baggage
A visa does not guarantee you entry to, or permission to remain in a Australia. Some countries may refuse entry or may detain, expel or repatriate you because of your state of health, medical condition or other reasons. You are responsible for all visas, entry, health and other requirements and all documents required by the laws, regulations, orders and/or requirements of countries you intend to visit. You should check the requirements of those countries with their embassies or consulates or other authorities.
We accept no responsibility if you are refused entry into any Australia and you release us from all damages, expenses, costs, liabilities or loss you incur in relation to such matters.
Promotional material and Site Accuracy
We endeavour to ensure that details are accurate at the time of publication and that the Site is and remains accurate at all times. However, we cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.
Standard of Service
The standard of service for your holiday is based on various factors and we do not represent or guarantee a particular standard or fitness for purpose of the accommodation or services provided.
Changes to your Itinerary
You acknowledge that travelling with Gone AWOL requires a degree of flexibility, and an understanding that the itinerary, accommodation, and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Gone AWOL control or which simply cannot be foreseen. Gone AWOL does not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond Gone AWOL’s control. You acknowledge that stated group sizes may also vary following your booking unless otherwise stated that a maximum group size will be adhered to.
At all times the decision of the Gone AWOL leader or representative (“Gone AWOL Leader”) will be final on all matters likely to affect the safety and well-being of the trip. This includes any decision that the Gone AWOL 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 Gone AWOL Leader, or interfere with the well-being of the group, then the Gone AWOL Leader reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund.
Health, Fitness and Age Limits
It is your responsibility to advise Gone AWOL of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour and the enjoyment of other trip members. If requested by Gone AWOL, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health & Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Gone AWOL reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs. Gone AWOL also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members.
Generally, we do not allow travellers under the age of 13 years. However we will occasionally make exceptions for under-18s travelling with their legal guardian or following discussion with parents or legal guardian. The decision for any person under 18 years of age to travel on our scheduled itineraries is at the absolute discretion of the management of Gone AWOL.
Frequent Flyer Points
Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not our responsibility.
We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the Supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the Supplier to resolve it) with your travel agent or directly with us within 30 days of your holiday concluding.
By using the Site to browse and/or book any Travel Product, you represent to us that you have read our Website Terms and Conditions and you accept its application to you.
Law and Jurisdiction
The agreement between us and you in respect of the services to be provided is constituted solely by these terms and conditions and is governed by the laws of South Australia, Australia. We and you submit to the exclusive jurisdiction of the Courts of South Australia and the Courts of appeal therefrom.
Understanding these Terms and Conditions
If you do not understand any aspect of these terms and conditions you should seek advice from an appropriately qualified person.