TERMS OF SERVICE
The Create Escape is a boutique travel group run by Jennifer Richardson trading as The Create Escape [ABN 17 821 130 899] (we, us, or our). We provide travel booking and advisory services for tours that focuses on experiencing new places through local people, their arts and hospitality (Tours). When you (you or your) make a booking for one of our Tours, you agree to these terms and conditions (Terms).
We act as agents for the third party suppliers of travel products (including accommodation, dining and events), whose terms and conditions of supply (including cancellation and amendments policies) will apply to your Tour in addition to these terms and conditions.
BOOKING A TOUR
By making a booking enquiry for a Tour with us, either online or by email or phone, you acknowledge that you have read and understood these Terms and agree to be bound by them. For the avoidance of doubt, these Terms only apply to Tour bookings and not to any other programmes offered by us (such as half day workshops).
Once you have made a booking enquiry, we will send to your nominated email address a booking enquiry acknowledgement with details of your booking request (Pre-Booking Acknowledgment). You must immediately check the Pre-Booking Acknowledgment and inform us of any errors or amendments required.
At the time of making a booking enquiry or request, you must give us the names and email addresses of any other people who will be attending with you for the Tour (if any), each of who is then subject to these terms and conditions, as if they had lodged a booking enquiry or request with us themselves, noting in making the booking you are agreeing to act as their agent and be liable for the booking.
We will check the availability of travel products for the Tour you have requested before confirming your booking. We do not warrant that there will be space available even if we send you a Pre-Booking Acknowledgment. Your booking request is subject to availability at the time that we confirm your booking with the relevant third party supplier.
We do not make flight bookings but may give you recommendations of suitable airlines and flights based on our experience. However, any such recommendation cannot be relied upon and you must make your own enquiries as to availability and suitability of airlines and make a separate flight booking independently. If requested, we may refer you to our preferred independent travel agency.
Once we have confirmed space availability and, if necessary, received confirmation from the third party supplier of their acceptance of the booking we have made for you, we will give you a booking confirmation (Booking Confirmation). Our Booking Confirmation will specify the payment required for the Tour and will also include particulars of any third party supplier’s terms and conditions (including cancellation and amendments policies).
Payment for our Tours are required as follows (Payment Terms):
- 30% deposit (Deposit) payable at the time of booking;
- the balance to be paid according to the invoice terms you receive at the time of booking and at least 3 months before the Tour’s start date
Your failure to pay strictly in accordance with our Payment Terms may result in a cancellation of your booking.
You may pay us directly by credit card (Mastercard and Visa) or by Direct Deposit or by internet bank transfer.
All prices for our Tours are based on exchange rates as at 1 October 2021. We reserve the right to make alterations to prices due to circumstances beyond our control, including a drop in exchange rates of more than 5%. Once you have made payment in full, the price of the Tour is guaranteed, subject to any tax changes or levies imposed by any government, their agencies or any airlines.
If you request an amendment to a booking after we have issued a Booking Confirmation, then we will use all reasonable commercial endeavours to alter your booking as requested but do not warrant that we can do so. If we advise you that your amendment is not available then you may cancel your booking, subject to our Cancellation Policy and COVID-19 clauses.
Bookings are non-transferrable.
Subject to the COVID-19 clause below, the following applies to all cancellations:
- all cancellations must be made in writing; and
- the following cancellation charges will apply:
- for bookings cancelled at least 3 months prior to the Tour’s start date – loss of Deposit and any related permits or administration fees;
- for bookings cancelled less than 3 months prior to the Tour’s start date – no refunds are payable for any payments that have been made to date and the outstanding balance of the Tour price must still be paid by you.
Special cancellation conditions may also apply to particular Tours if stipulated by third party suppliers and may override the above conditions.
Where the third party supplier’s cancellation policy differs from our cancellation policy, we may choose, at our discretion, to charge you according to the third party supplier’s policy, instead of ours, subject to giving you notice in the Booking Confirmation.
No cancellation fee is payable for a cancellation made after a Pre-Booking Acknowledgement is issued but before a Booking Confirmation is issued.
Due to the ongoing Covid-19 pandemic, you acknowledge and agree that in using our services and during the Tour:
- you participate in the Tour at your own risk;
- we cannot guarantee that you will not become infected with the COVID-19 virus and you undertake the full risk of going on the Tour under such circumstances; and
- you understand that your risk of becoming exposed and/ or infected by the COVID-19 virus may result from the actions, omissions or negligence of yourself and others.
Cancellations and Postponements
If your Tour needs to be cancelled, amended or postponed due to COVID-19 restrictions, then:
- you may re-book your Tour for any of the next available dates less any unrecoverable services (such as pre-paid internal flights or services); and
- your Deposit can be held in credit and be transferred or used towards any other Tours to be rebooked within three years of your cancellation.
We will use reasonable commercial endeavours to notify you of any cancellations, amendments or postponements of your Tour through email, however you acknowledge that it is your responsibility to ascertain whether your Tour can still go ahead at the set time.
Any refund issued to you under this clause will be your sole remedy for a postponement, amendment or cancellation of your Tour and we will have no further liability to you in respect of any cancellation or postponement of your Tour for any reason.
During your Tour, you may be required to comply with certain health and safety requirements of the places you are travelling to, including overseas countries (COVID Safe Protocol). You agree that you will use best endeavours to comply with any relevant COVID Safe Protocols, including where required by relevant government authority laws and regulations:
- wearing a face covering or a mask;
- maintaining any social distancing; and
- any other requirements that may be implemented by the relevant government authorities.
You agree to release and hold us harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to you and/or property that may arise in any way in connection with:
- any exposure and/ or infection of the COVID-19 virus at the Tour organised by us; or
- your breach of any COVID Safe Protocols while you are on your Tour.
You understand that this release discharges us from any liability or claim that you may have against us with respect to any injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, the Tour.
You acknowledge and agree in signing up for a Tour that some Tours, or specific events or sites taking place within a Tour, may require evidence of a COVID-19 vaccination prior to attendance (Vaccination Requirement). You release us from any liability for any failure by you in attending part or all of your Tour due to an inability to fulfill any Vaccination Requirements.
We will use all due care and skill in providing to you a booking and advisory service for your travel needs. However, subject to the Limitation of Liability clause below, we will not be responsible for or liable to you or any co-travellers for any of the following during or as a result of your Tour:
- any injury or illness;
- any loss or damage to property;
- any cancellation or alteration to your booking made by a third party supplier;
- your displeasure with any aspect of your Tour;
- the omission of any aspect of your Tour by a third party supplier;
- any component of your Tour which you book or which is booked for you by someone else;
- your failure to obtain country visas or inoculations, whether recommended by us or not;
- your passport having expired or having an insufficient remaining validity period;
- the suitability of your flight bookings; and
- any changes to your itinerary during the Tour which is outside of our control (including weather-related cancellations or postponements).
You indemnify us against any liability that we may have to third party suppliers as a result of any failure on your part to make a payment or for any damage or injury that you may cause during the course of your attendance at the premises or venue of the third party supplier.
You warrant that you do not have any pre-existing medical conditions or disabilities (Medical Issues) that will affect your ability to participate in the Tour. If you have any Medical Issues, you should consult with a health professional as to whether the Tour is appropriate for you prior to your booking. You are solely responsible for ensuring that you are medically capable of attending the Tour. You acknowledge and agree that we are not responsible for and are not able to take any action for you if medical services are required while you are on your Tour, including the attendance of any doctor, paramedics or ambulances, and that it is your responsibility to ensure your own health and safety.
Notwithstanding anything else in these Terms we are not liable for any injury, death, damage or loss caused or due to any Medical Issues that occur during your Tour.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party and caused or alleged to be caused directly or indirectly as a result of your Tour booked through us.
Subject to the below, any condition or warranty which would otherwise be implied in these Terms are excluded.
Our liability for breach of a guarantee conferred by the Australian Consumer Law is limited, in the case of services, to any one of the following as determined by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
If there is a problem our services caused by a breach of these Terms by us (Omission), and you have notified us within 24 hours, then to the maximum extent permitted by law our liability arising from, or in connection with, the Omission will be limited to the face value of the booking purchased by you.
To avoid you incurring loss as a result of your travel, we have a strict policy that all of our customers (and any co-travellers) who will engage in international travel must hold appropriate and adequate travel insurance. We also strongly recommend travel insurance for domestic travel. If required, we can refer you to a supplier of travel insurance or arrange travel insurance for you at your cost. We reserve the right to not accept a booking request or to not make a booking for international travel for any customer who indicates that they will not take out travel insurance or who has failed to provide evidence of their travel insurance when requested by us.
AMENDMENTS TO THESE TERMS
We may alter these terms and conditions at any time, subject to posting the revised terms and conditions on our website and/or notifying you by email or otherwise at least 72 hours before the alteration is made.
These Terms contain the entire understanding and agreement between you and us in respect of its subject matter.
These Terms are governed by the laws of New South Wales, Australia.