Agency Booking Conditions
- Our contract - services provided to you by Intrepid
You have booked a third-party operator trip with Intrepid Travel Group UK Limited (01826936) trading as Chimu Adventures (us/we). In this circumstance, we act as an agent for and sell, certain Travel Products on behalf of the third-party travel operator (Operator). Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) provide travel advisory services, make travel bookings on your behalf and to arrange relevant contracts between you and the Operator (the Booking Services). You pay us for providing the Booking Services to you. Your Booking Confirmation is your acknowledgement that we are entitled to retain payment for the Booking Services from the Operator. The terms of the relationship between us are governed by these Agency Booking Conditions.
- What the Operator provides to you
In this relationship, we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by the Operators. The Operator is responsible for providing the Travel Product to you. All bookings are made on your behalf subject to the Operator Terms and Conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We will require you to expressly agree to these Operator Terms and Conditions that apply to the Travel Product. We will provide you with copies of the Operator Terms and Conditions on request.
- Deposit and final payments
You will be required to pay a deposit when booking your Travel Product. Unless otherwise specified in the Special Conditions, your sales consultant will advise how much that will be as out in the relevant Operator Terms and Conditions. A deposit will secure your booking, however prices quoted may change before you make the final payment. The timing for your final payment is set out in in the relevant Operator Terms and Conditions unless otherwise advised to you by your Sales Representative. We are not liable for any changes made by an Operator to the payment due date and prices for Travel Products are not guaranteed until payment has been made in full and documents have been processed by the Operator.
- Price and Itineraries
The Travel Products offered by the Operator are subject to availability and can be withdrawn without notice by the Operator. Travel Products may also change at any time in accordance with the terms and conditions you agree with the Operator.
The prices for your Travel Products may be subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means the prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. The most up to date pricing is available on our website.
The price of your Travel Product may change at any time up to your departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if Operator or government action should require us to do so, even after you have paid all or part of the quoted price for your Travel Product.
Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply.
- Your details
For us to confirm your travel arrangements, you must provide all requested details with the balance of the Travel Product price. Necessary details vary by trip; they may include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips you may be required to complete and forward a Self-Assessment form which will be provided to you by your sales representative. Some Operators will deny carriage if the customer's name varies from their booking. We are not liable for any loss or damage arising from the incorrect entry of a customer’s name or as a result of the Operator’s policies.
- Refunds and cancellations
All bookings are made on your behalf subject to the Operator Terms and Conditions imposed by the relevant Operator. We are only able to provide you with the remedy provided by the Operator (if any, which may include a credit to use for future travel supplied by the Operator). If you are eligible for a refund in relation to a Travel Product for which payment has been made to the Operator, we will not provide a refund to you until we receive the funds from the Operator to return to you.
In the event of a force majeure event making it impossible or unsafe for an Operator to deliver all or part of any Travel Product, we will use our reasonable endeavours to assist you to obtain a refund from the Operator. Depending on the circumstances, losses may amount to a proportion of the booking price. We will use our reasonable endeavours to minimise losses incurred by you.
- Our liability to you
Because we provide you with the Booking Services and you pay us for acquiring the Booking Services only, we are liable to you in accordance with these terms and conditions for any breaches of our obligations in providing the Booking Services to you.
Subject to the application of consumer guarantees which may be implied into the supply of the Booking Services to you, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with the:
use of (or inability to use), including a disruption to the Booking Services;
the delivery or non-delivery of the Travel Product; or
any act or omission of the Operator or other third parties.
Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
Nothing in these terms and conditions is intended to exclude or restrict the application of:
consumer guarantees under consumer protection laws (including Australian Consumer Law) but we do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to use of the Booking Services supplied by us outside these laws; or
any package travel regulations or other consumer protections that may apply to your booking.
All information relating to a Travel Product or an Operator is provided by the Operators or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by the Operators.
- The liability of Operator
Your legal rights in connection with the provision of the Travel Products are against the Operator and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) the Operator is unable to provide the Travel Product for which you have contracted, your rights are against the Operator and not against us. Any loss or risk from any Operator or Travel Product lies solely with you, whether arising from, but not limited to, insolvency, winding up, bankruptcy or similar.
You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, liabilities, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
your access or use of the Booking Services, this includes your delegate’s access or use of the Booking Services through any means provided to you; and
from any claim arising from your travel arrangements including but not limited to any claim in relation to any Operator or Travel Product.
- Acceptance of risk
You acknowledge that the nature of your Travel Product may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You also acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. You acknowledge that your decision to travel is made based on your own consideration of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time. You acknowledge that you may be required to follow additional policies or requirements in order to travel during this time. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
- Passports and visas
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
- Travel insurance
Travel insurance is mandatory and must be taken out at the time of booking. The specific insurance cover required for your Travel Product will be set out in the Operator Terms and Conditions and may vary between Travel Products. You are also strongly advised to take out cancellation insurance at the time of booking. We are not responsible for any failure by you to acquire adequate insurance cover.
- Applicable laws
The laws of the United Kingdom govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of the United Kingdom.
- Assignment and Registered address
We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate in our sole discretion on written notice to you (including notice via the Website).
Registered address for Intrepid Travel Group UK Limited: 4th Floor, Piano House, Brighton Terrace, Brixton, London, United Kingdom, SW9 8DJ.
Registered Address of Intrepid Travel Pty Ltd (ABN 35 007 172 456) Level 7, 567 Collins St, Melbourne VIC, 3000, Australia.
These conditions apply to bookings made from 01 August 2021 onwards, including new bookings made with credit vouchers issued following trip cancellations. These are designed to provide you with maximum flexibility.
If you booked your trip prior to 01 July 2021, your original Booking Conditions still apply , please contact us for details.