CHIMU ADVENTURES BOOKING TERMS & CONDITIONS
These Booking Conditions set out the terms on which you contract with us for the delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Chimu” or “Chimu Adventures” means Chimu Adventures Pty Ltd.
A booking request is accepted when we issue a written booking confirmation following the payment of your deposit (see below). It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
PRICES & EXCLUSIONS
Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
Prices are calculated with reference to several factors, including exchange rates, Government charges (both in Australia and overseas), transport costs and fuel charges.
You acknowledge that some of the variable factors of the costs of your travel arrangements as noted above may increase after your booking is confirmed. We reserve the right to pass on these increases to you at any time prior to commencement of your travel arrangements, which you agree to pay within 14 days of notice.
Once you have paid for your travel arrangements in full, we will not pass on any cost increases for negative currency fluctuations.
You must pay a deposit as follows at the time of booking:
- + for cruises, an amount equivalent to at least 25% of the estimated total cost;
- + for land tours, transfers and accommodation, an amount equivalent to at least 25% of the estimated total cost;
- + for airfares, 100% of the estimated total cost;
- + for the Independent Inca Trail tour, 100% of the estimated total cost;
- + for Viva Expeditions tours, an amount equivalent to at least 25% of the estimated total cost; and
- + for Enchanting South America deposit is 35%.
(hereafter referred to as the “minimum deposits”)
We may at our discretion give notice to you of any variation to the minimum deposits at any time before you pay the minimum deposit.
Our receipt of payment of a deposit does not, by itself, constitute acceptance of a booking. A booking will be deemed to have been accepted once we confirm acceptance in writing by issuing a written booking confirmation (see above ‘Booking’ section).
Please note that we may not hold any services for you until we receive payment of your deposit and confirm your booking, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
The balance of the tour price, being the total estimated tour price less any deposits paid, must be paid as follows:
- + For bookings that include Antarctica Expeditions, Galapagos Cruises, other Cruises and some other select products as notified including certain lodge programmes (Specialised Products), at least 125 days prior to commencement of your first travel arrangement; and
- + For all other travel arrangements, at least 95 days prior to commencement of your first arrangement.
Please note that some operators of Specialised Products only require payment of the balance 95 days prior to commencement of arrangements. If this is relevant to your booking, we may notify you that we only require payment 95 days prior to commencement.
If balance of the tour price is not paid in accordance with the above, then (subject to the below) we reserve the right to treat your booking as having been cancelled by you. In this event, you agree that you will not be entitled to a refund of any deposit paid, which will be retained by us to compensate us for time spent and work done.
If balance of the tour price is not paid in accordance with the above and the company (at its discretion) determines not to treat your booking as cancelled and you wish to continue your booking, then you agree to pay us any additional charges, fees or expenses that we incur or will incur as a result of your failure to make payment on time
CARD PROCESSING FEES
You acknowledge that payment by credit or debit card will attract a merchant fee which you agree to pay. Currently, the merchant fee is 2% for any amount debited by Visa or Mastercard. The credit card fee will be debited to your card at the time of payment of the balance of the tour price. This fee will generally be waived on initial deposits.
CANCELLATIONS BY YOU
If you wish to cancel your trip, we require written notice and will make refunds to you less cancellation fees in accordance with the tables below, calculated from the date which we receive written notice:
For Specialised Products:
When notice of cancellation received
Cancellation charges payable
More than 125 days prior to commencement of your first travel arrangement
Deposit and any instalment payments
125 days or less prior to commencement of your first travel arrangement (including a no show)
100% of the booking value
For bookings that do not include Specialised Products:
When notice of cancellation received
Cancellation charges payable
More than 95 days prior to commencement of your first travel arrangement
Deposit and any instalment payments
Between 95 and 60 days prior to commencement of your first travel arrangement
50% of the booking value
Less than 60 days prior to commencement of your first travel arrangement
100% of the booking value
You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
ILLNESS PREVENTING TOUR COMMENCEMENT OR CONTINUATION
If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19):
- + an airline or other common carrier refuses you carriage;
- + a hotel or vessel refuses to accommodate you; or
- + we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- + if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- + if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
CANCELLATIONS BY US
Force Majeure - Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock-out, epidemic, pandemic, failure or delays of scheduled transportation, or any law, order, decree, rule or regulation of any government authority (including quarantine requirements or government travel advisories), or for any other reason beyond our reasonable control (Force Majeure), we may elect to:
- + reschedule your travel arrangements, in which case we will issue you with a credit equal to amounts paid; or
- + cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
Please note that any credit issued will be subject to the terms and conditions as imposed by the suppliers of your travel arrangements.
Force Majeure - During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your travel arrangements for reasons beyond Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal or better quality if appropriate.
We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $250 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
AMENDMENTS BY US
Prior to travel
Occasionally, we (or the suppliers of your travel arrangements) may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our (and our suppliers’) right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.
We advertise some of our departures with special guests, such as television celebrities or subject matter experts. We will only advertise such departures if we have agreement from the special guests that they will participate in the advertised departure and we will always make our best efforts to ensure the special guests do attend the departure. In the event of the special guest not being able to attend for unforeseen reasons, you acknowledge that the special guests’ attendance will not impact the conditions of your booking and that there will not refund or compensation for the special guest’s non-attendance.
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
You are required prior to or at the time of booking, to take out, and maintain for the duration of your travel arrangements, insurance that will indemnity (i.e., totally cover) you for at least the following:
- +$500,000 medical expenses; and
- +$500,000 repatriation expenses.
We reserve the right at any time to request you to provide a copy of a policy or certificate of insurance to show that you have taken out insurance as required in accordance with the above.
If you fail to produce a copy of the policy or certificate within 48 hours after we request it, then we reserve the right to cancel your booking. In this event, you agree that you will not be entitled to a refund of any deposit paid, which will be retained by us to compensate us for time spent and work done.
You acknowledge that any request for evidence of such insurance is an important request in relation to our business and necessary to protect our legitimate business interests.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.
PASSPORTS, VISAS & VACCINATIONS
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
HEALTH & FITNESS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.
If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If no assessment is provided or if the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. We will provide you with a full of refund of payments made.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.
ACCEPTANCE OF RISK
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
You acknowledge that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a tour for which you have booked.
You agree that we will not be responsible for any flight delays or loss of flight connections whether such loss is caused by you, us, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst we will use best endeavours to continue with the booked tour, we will not be liable to compensate you for any lost part of your itinerary and we will not be liable to pay for any additional costs you may incur.
We strongly recommends that your policy of ravel insurance has coverage for flight cancellations and delays.
You acknowledge that it is your responsibility to check-in on time for your flight at any airport. We will not be responsible for any flights that are not taken due to your late arrival at any airport. It is also your responsibility to contact the relevant airlines to confirm flight details if relevant.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
General liability limitation
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
The contract between Chimu Adventures trading as Chimu Adventures Pty Ltd and you is governed by the laws of the State of New South Wales, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
We offer a matching service for solo travellers who are willing to share twin accommodation, saving on single supplements. Only travellers of the same sex will be matched. There are no guarantees that a match will be possible and we do not warrant the suitability or characteristics of any persons we match. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you.
If we are unable to find a match, single supplements will apply.
AUTHORITY ON TOUR
When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affect by, or any additional costs incurred, as a result of cancellation.
When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.
ALTERNATIVE DYNAMIC CANCELLATION FEE PROVISION
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:
- + any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines and ground operators);
- + where we or our related companies operate any of the services included in your travel arrangements (for example, accommodation, vessels or transportation), a reasonable amount attributable to such services which we reasonably determine we cannot resell;
- + a fee which is the greater of the deposit and 15% of the booking value to compensate us for work performed up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking); and
- + a fee which is the greater of $200 and 5% of the booking value to compensate us for processing the cancellation and any associated refund.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation. If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time
You agree that these cancellation fees and charges are reasonable and required to protect our legitimate business interests.
Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries.
For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.