2013 - APT Cape York & OWA

(APT-OWA-A$-2013)

Cape York and Outback Wilderness Adventures, Red Centre, Lake Eyre, Flinders Ranges and Western Australia

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Information & Conditions are reasonable and represent a genuine pre-estimate of APT's loss. Late Bookings Payment in full is required at time of booking for reservations made less than 100 days before departure from Australia. If a reservation cannot be confirmed, all monies will be refunded. Amendment Fees A charge of $25 will apply to any addition or modification requested after the original booking has been confirmed. APT Deposit Cancellation Cover (page 7) *Conditions apply. Deposit held in credit will exclude fees imposed by third parties including – but not limited to – airlines, rail, hotels and non APT cruise lines. Once airfares are ticketed, applicable airline cancellation fees will then apply and cannot be held in credit. Deposit Cancellation Cover applies to new bookings only. After five years, unused credit funds will incur the original cancellation conditions as per brochure. This does not replace travel insurance, which we strongly recommend is organised at the time of booking. Luggage Limits Touring is in small 4WD vehicles with limited luggage capacity. Each passenger is requested to limit their luggage to one small/medium soft bag or suitcase weighing no more than 16 kg (35lb approx). Limitation of Liability 1. Our products include the services of operators, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of APT. Although we take care in selecting the operators of services and the optional tour excursions, we cannot and do not take responsibility for the conduct of the operators, their servants and agents or for any ramifications of that conduct. These tours may include activities such as climbing, exploring, swimming and snorkelling. The passenger accepts that these activities involve varying degrees of risk. 2. No passenger will be permitted to embark or continue on any cruise or tour while their mental or physical condition is, in opinion of any representative of APT, such as to render them incapable to care for themselves, or whereby they became objectionable to other passengers, or they became a hazard to themselves or other passengers. APT will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason. 3. APT accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control. 4. Any term, condition or warranty express or implied by statute or otherwise for the products and/or services is excluded to the full extent permitted by law. However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced. 5. To the full extent permitted by law, APT's liability arising under or in connection with this booking contract: (a) is limited to the re-supply of the products and/or services or the payment of the cost of re-supply of the products and/or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party. 6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of APT in respect to any monies paid to your travel agent unless and until APT notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by APT. APT reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by APT within the specified time. Force Majeure Force Majeure means the occurrence of an event that is beyond APT's reasonable control and which could not have been reasonably prevented by APT, which includes but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; and/or (d) change in law, meaning enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which include changes in statute, regulation, determination, by-law, declaration, licence and includes the common law as applicable from time to time. Termination of booking contract or change of travel arrangements due to Force Majeure If APT, in its reasonable opinion, considers that any Force Majeure event prevents APT (whether directly or through its employees, contractors, subcontractors and agents) from lawfully and/or safely providing any products and/or services subject of the booking contract to you, APT may immediately by written notice: (a) terminate the booking contract (in whole or in part); and/or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs of performing this paragraph. Limitation of liability in the event of Force Majeure In the event that APT cancels or changes your travel arrangements in any way due to a Force Majeure event, APT will not be liable to you in contract, tort, statute or restitution for any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; and/or (b) the Force Majeure event. For the avoidance of doubt, APT is not liable to refund any part of the deposit and/or purchase price paid by you if APT subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. World weather, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond APT's control. It is your responsibility to purchase adequate comprehensive insurance to protect yourself against these risks. Itineraries Itineraries are subject to alteration without notice and intended as a guide only. Alterations may come about due to road, weather or tidal conditions, strikes, public holidays, local festivals or other reasons. Due to the nature of the rugged terrain and remote areas, weather fluctuations can adversely affect road conditions which may necessitate alterations to itinerary with little or no notice. Any additional expense incurred by the passenger due to changes to itinerary is not APT's responsibility. It is your responsibility to purchase adequate comprehensive insurance to protect yourself against these risks of additional costs. APT can give no guarantee as to the exact arrival and departure times for carriers and operators used by APT in the tour and APT will not be liable for failure to make connections with any other services or attractions beyond its control. As is normally the case with group tours, a minimum number of bookings is required in order for a tour to be financially viable and to have a pleasant group atmosphere. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative date (or a full refund of monies paid for APT ground content touring). The date on which the decision is made is usually 4-8 weeks before the scheduled departure date. Bedding configurations, furnishings and size of tented cabins at lodges are subject to availability at time of bookings, and to variation between tents. Weather Conditions Every effort will be made to adhere to itineraries. However, due to the rugged nature of the terrain and remoteness of some areas, weather and road conditions may necessitate itinerary changes. Smoking Government regulations forbid smoking in tourist vehicles, however frequent stops are made for those wishing to smoke. Smoking is not permitted in twin share 'matched' rooms, tents or lodges. Requests for smoking/ non-smoking accommodation will be passed on to hotels but cannot be guaranteed. Health and Fitness As tours visit remote areas and feature activities with varying degrees of difficulty, such as walks over uneven and rocky ground, it is vital to select a tour with an activity level suited to your health and fitness. It is your responsibility to carry any medication you require for the tour's duration. We recommend carrying medication in your hand luggage from the time you leave home. Seat Allocation on Tours To ensure all passengers enjoy forward and window facing seats, we have incorporated a daily seat rotation system. Service Inquiries If a problem occurs during your tour, advise your Driver-Guide so that steps can be taken to resolve the matter immediately. If you remain dissatisfied, any complaint must be made in writing to us within 30 days. Travel Pack & Day Kit Each passenger receives a Day Pack on joining tour. Each couple/single supplement traveller receives one water bottle and torch. Travel Insurance We strongly recommend passengers to take out travel insurance to cover any unforeseen circumstances which may arise (including cancellation fees, medical and curtailment expenses, loss of luggage, early departure from tour due to death or illness etc.). Ask your Travel Agent for details at the time of booking. Images Some images within this brochure are courtesy of Tourism Queensland; Tourism NT; South Australia Tourism Commission; Sally Mayman; Destination NSW; Tourism WA and Tourism Australia. Publication No. H4091. Prices and itineraries valid 1 October 2012 to 31 October 2013. Publication effective 1 October 2012 and supersedes all previous publications. www.aptouring.com.au 51

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