Terms and Conditions for Mandingalbay Ancient Indigenous Tours

GENERAL TERMS AND CONDITIONS

Valid from 1 April 2023 to 31 March 2024

GENERAL STATEMENT

1. These terms and conditions apply to all tours, transfers, and accommodation in MAIT brochures, advertisements, and websites. By making a booking for a tour, transfer or for accommodation, participants warrant that they have read these terms and conditions and agree to be bound by them and all other terms and conditions referred to in the brochures, advertisements and websites and these terms and conditions or as notified to them from time to time.

If the booking is made through a third party, the terms, and conditions of that third party also apply. Participants acknowledge that these booking terms and conditions prevail and take precedence to the extent of any inconsistency between them and any other communication (written or oral) between MAIT and the participant.

2. MAIT, its employees, tour operators and agents for the relevant transportation carrier, hotel, ground operator, and any other supplier of services connected with tours (other providers) shall not be liable for, and the participant releases each of them from, any claim arising from: -

(a) any damage to, or loss of, property or injury or death of persons occasioned directly or indirectly by an act or omission of any other provider howsoever caused, including but not limited to, any damage, loss, injury or death caused or contributed to by any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider.

(b) any loss or damage due to delay, cancellation or disruption howsoever caused, including but not limited to loss or damage caused by laws, regulations, acts or failures to act, demands, orders, interpositions of any government or agent thereof, acts of God, strikes, fire, flood, inclement weather, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause in a force majeure.

(c) any cancellation penalty of a transportation carrier or a tour operator incurred by the purchase of a non- refundable ticket; or

(d) any loss of, damage to, or delay in receiving any participant’s baggage or personal effects during a journey, such items at all times being the sole responsibility of the participant, whether or not such loss and damage was caused or contributed to by the negligence of Djunbunji Ltd or any other provider.

e) Travel insurance and trip cancellation insurance is strongly recommended and advised.

(f) Tours, transfers and accommodation are subject to availability.

(g) Camping, Glamping and accommodation photographs and illustrations are representative only and actual accommodation occupied may vary in furnishings and inclusions. Photographs and illustrations of places in geographic areas do not necessarily reflect your location or services to be provided.

(h) Any information or advice given by MAIT (including fact sheets) regarding climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Participant, and MAIT is not responsible for any errors or omissions as to the information provided.

(i) The terms and conditions are governed by the laws of Queensland and the participants agree that the Courts of Queensland shall have exclusive jurisdiction to hear any matter arising in relation to these terms and conditions.

(j) If a Court finds that any part of these terms and conditions is invalid, that invalid part shall be severed from the remaining terms and conditions so as to preserve the validity of the remaining terms and conditions.

(k) If the booking is for accommodation, the specific terms and conditions in Part A apply. If the booking is for a tour or transfer, the specific terms and conditions in Part B apply.

(l) MAIT are committed to protecting the privacy and confidentiality of personal information.

FORCE MAJEURE EVENT

3. Subject to clause 2 above, if there is a force majeure event which affects the participant’s booked accommodation, dining, tour or transfer at a MAIT destination, then MAIT will notify the participant of its projected consequence and an estimate of the length of time over which it will prevail and may at its option offer the participant either:

(a) alternative accommodation at other MAIT or non- MAIT accommodation which is as good as or superior to that which has been booked; or

(b) alternative tour, dining, or transfer option with other MAIT or non-MAIT operations; or (c) refund or credit with MAIT which may be used at the same MAIT outlet within a 12-month period from the date of issue.

 

 

 

 

CANCELLATION POLICY

4. Cancellation of tours, events, or accommodation by MAIT

(a) If we are unable to operate our service(s) we will contact, you as an agent or customer providing the choice to either amend the booking to another departure date or receive a 100% refund to the value of the booking.

5. Cancellation of tours, events, or accommodation by YOU

(a) MAIT may, at its option, cancel any booking if final payment has not been made within the specified time. If so, 100% cancellation fee will be payable by the participant as if the participant had cancelled the booking.

All cancellation notices must be sent to MAIT in writing (email) and will become effective as at the date of receipt by MAIT.

For Tours & Transfers cancellation fees are as follows:

• 24 hours or more prior to booked tour or transfer date: Nil

• Within 24 hours prior to booked tour or transfer date: cancellation of any tours or transfers held inside 24 hours of tour or transfer booking date incurs a cancellation fee of full rate per confirmed tour or transfer, per person.

(b) Cancellation fees are payable within 14 days of the cancellation. If a deposit has been paid or credit card details have been supplied to guarantee the booking, the cancellation fee will be deducted from the deposit and the balance of the deposit will be returned to the participant or cancellation fees will be charged to the credit card supplied.

(c) No refund will be made in circumstances where a participant fails to load on the day of the tour or transfer or leaves a tour or transfer during its operation. If MAIT or its designated tour operator cancels a tour or transfer prior to departure, the participant will receive a full refund of monies paid to MAIT or its designated tour operators (as applicable).

(d) MAIT and their designated tour operators and tour administrators shall not be responsible for a participant’s failure to recover the cost of any non-refundable airline tickets or for any airline tickets purchased by the participant directly from an airline or travel agent. Participants must satisfy themselves as to the terms and conditions applicable to their airline tickets.

6. Price Validity

Prices are valid from the 1st April 2022 until 31 March 2023. Itineraries and dates of departure are subject to change as operating conditions change with the validity period. Beyond 31 March 2023 dates, itineraries and prices are indicative only.

 

 

 

 

 

 

 

TERMS OF PAYMENT

 

7. FIT Bookings

 

(a) Pre-Payment Agents: Unless The Operator has approved prior credit, full pre-payment is required for each passenger 7 days prior to travel. Unless payment is received or a previously approved Credit Card details are provided and held on file by The Operator, the passenger may be subject to cancellation.

 

8. Credit Arrangement:

 

(a) Subject to approval of the Sales and Marketing Manager, MAIT will extend a credit term to the Tour Agent. This line of credit will enable the Tour Agent to reserve passengers without the necessity of pre-payment.

 

(b) However, this credit policy does not affect MAIT’S deposit and cancellation terms of this agreement. Should the Tour Agent fail to effect payment of any outstanding charges within the agreed credit period MAIT will be free to withdraw the credit facility.

 

(c) At the time that the order is made, MAIT will submit to the Tour Agent an invoice as per prior contracted terms, detailing the charges incurred as specified on the Tour Agent’s booking voucher.

 

(d) In view of the confidentiality MAIT’S contract rates the Tour Agent agrees to accept MAIT’S invoice without acknowledgment of the client or group. Unless prior approval is received in writing, payment terms for agents holding accounts will be invoiced 7 days after the date of travel and payment is required 14 days following the issue of invoice.

 

9. Group Bookings

 

(a) A group is defined as Ten (10) or more fully paid passengers. Group reservations are subject to confirmation by The Operator. One complimentary passenger for every Ten (10) paid passengers subject to availability. Coach Captains and Tour Guides from third party operators are also covered on the above clause. Group rates is obtainable on written request to the Sales and Marketing Manager.

 

(b) Cancellation of Group Tour and Series only: The Tour Agent must notify The Operator by written notice of any cancellation or reduction in the daily number of reserved passengers as early as possible. The cancellation must be then acknowledged by The Operator in writing. Should the Tour Agent cancel or reduce the confirmed reservation by more than the allowed number of passengers after the maximum notice date has passed or should the client or group fail to arrive without prior cancellation, The Operator reserves the right to charge a late cancellation or no-show fee equivalent to the contract rate or rate confirmed for each passenger cancelled more than the allowed number.

 

(c) A 10% deposit is required by the Operator to hold the booking at the time of the initial notice of the booking. At 30 days prior to the travel date, the full balance of the payment upon confirmation of final numbers will be due.

 

 

 

 

 

 

 

10. Group Cancellation

 

(a) The Tour Agent must notify The Operator by written notice of any cancellation or reduction in the daily number of reserved passengers as early as possible. The cancellation must be then acknowledged by The Operator in writing.

 

• Within 30 days – 50% of the total passenger value will be charged

• Within 7 days – 100% of the total passenger value will be charged

 

11. SPECIAL CONDITIONS / SPECFIC BOOKING INSTRUCTIONS

 

(a) At all times Smoking is not permitted inside the vessel/vehicles. Wheelchairs, Walkers are not suitable for all land-based Tours and events.

(b) If children are taken onboard, the adult passenger shall be fully responsible for their conduct and entertainment and no crew shall be held responsible for their conduct or entertainment. At all times Children are to remain under the direct supervision of an adult passenger member.

 

(c) Any outstanding amounts to the full payment required will be settled with the Crew with Credit Card prior to departure.

 

(d) It is highly recommended that the Passenger considers obtaining a Personal Travel Insurance, Cancellation/ Curtailment Insurance and Personal’s Liability Insurance. Whilst The Operator makes every effort to safeguard our passenger belongings, we will not be held responsible for any loss due to events beyond our control.

 

(e) The Operator is unable to guarantee exact arrival or departure times and is not liable for any failure to make connections with any other service or guarantee the vehicle type for any MAIT tours or events or operation of any service.

 

12. CLOSE OUT DATES

 

(a) Tours and events will not be operating on the 25th of December - Christmas Day or the 1st of January - New Year’s Day.

 

13. FOCs / DISCOUNTS

 

(a) The Operator agrees to offer the tour Agent FOC passengers to be used for familiarisations and educational tours during the low season only. The FOC passengers will be subject to availability and will be confirmed on a request basis. Agent Discounts – available on written request to the Sales and Marketing Manager.