1. DEFINITIONS AND BASIS OF CONTRACT
The following booking conditions, together with the information set out on the relevant tour page of the Gourmet South America website will form the contract between you and us for your holiday with us.
In this contract a reference to "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
“We” and “Gourmet South America” are Gourmet South America PTY LTD
“Start Date” means the date scheduled for you to depart at the start of the travel arrangements.
“Products” means the individual components of travel arrangements such as flights, transport, accommodation, meals, cruises and tours
“Tour” means a holiday organised by Gourmet South America PTY LTD.
“Suppliers” means the third parties that are responsible for providing the individual Products
“Travel Arrangements” means the travel arrangements made by Gourmet South America including all Products.
“Conditions” means these Terms ad Conditions
“Customer” means a person, jointly or severally if more than one, acquiring services and Travel Arrangements from Gourmet South America.
The contract between us comes into existence when you make payment of a deposit, which indicates your acceptance of these conditions. You will have undertaken to pay for the holiday you have booked and we will have undertaken to provide you with the holiday we describe in your itinerary.
If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into that contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
If we are unable to accept your booking, we will of course return your payment to you immediately.
For you to make a booking, we require your deposit and a completed booking form. Our confirmation will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
2. BOOKING YOUR HOLIDAY
2.1 Quotes - We will provide quotes for your travel arrangements. This quote is valid for a period of 7 days.
2.2 Deposit - A deposit of 25% (or other amount which we will advise) of your total booking cost is required to secure your booking.
2.3 Late Bookings - Any holidays requested less than 70 Days prior to the start date must be accompanied by full payment at the time of booking.
3. PRICING POLICY
3.1 The prices given on our web site and in our itineraries are calculated at costs current at the time we fixed them and are valid for the period 1 July 2015 – 31 December 2016.
3.2 All prices are in American dollars unless otherwise specified and are subject to the bank exchange rate on the day of payment.
3.3 Travel arrangement prices are quotes for your entire package and we cannot provide itemised costs for components
3.4 The price of your travel arrangements is subject to the possibility of surcharges if product costs rise or adverse currency exchange rates apply. Surcharges may also be incurred (without limitation) in connection with, fuel levies, airfares, accommodation and ground transportation charges, national park and other entry fees and any other increases in connection with your ravel arrangements. You agree that we may increase prices at any time of the advertised cost of the tour to account for such changes by notifying you the customer, whether or not you have made pull payment.
3.5 Products and services not included. The following are excluded from the price of the Travel Arrangements: International and domestic airfares, arrival/departure taxes, fuel levies and surcharges, passport and visa costs, travel insurance, personal items such as meals, drinks room services, laundry and gratuities, unless expressly included.
4. PAYMENT PROCEDURES
4.1 PAYMENT AND FALURE TO PAY
The last date for payment of the balance of the cost of your holiday will be due to us at least 70 Days before the Tour Start Date. We will tell you that last date for payment after we have confirmed our acceptance of your booking.
If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
4.2 All payments to us may be made by cheque payable to ‘Gourmet South America PTY LTD’. We shall take account of your cheque on the date it is cleared into our account.
Alternatively, payment may be made by electronic transfer for which full information will be provided at the time of booking.
You agree that all these provisions are reasonable.
5.1 We will endeavour to assist if requested by you to make amendments to the Travel Arrangement booked up to 70 days prior to your Tour Start Date, additional expenses incurred by us in doing so may also be payable by you at the discretion of Gourmet South America.
5.2 Amendments made within 70 days of prior to your tour start date are treated as cancellations and re-bookings. Cancellations charges apply as detailed below.
6. CANCELLATIONS BY YOU
6.1 If you cancel your booking or any travel arrangements either through failure to pay the balance due or for any other reason, you must give notice in writing to Gourmet South America and we may charge a cancellation fee calculated as follows:
From booking to 71 days before departure: loss of deposit, deposits are non refundable.
Between 70 and 46 days before departure 50% of the cost of the travel arrangements.
45 Days or less before departure (or failure to join the holiday) 100% of the holiday cost.
The above dates refer to the date that we receive notice of cancellation from you.
6.2 If circumstances force you to leave the tour early, you will have to bear any additional costs yourself.
7. CANCELLATIONS AND CHANGES BY US
7.1 Force Majeure – Where circumstances outside of the control of Gourmet South America affect the provision of travel arrangements (such as war or threat of war, civil unrest, riots, fire, acts of God, flood, terrorist activities, strikes, airport or port closure, cancellation or alternation of scheduled transport) we may at any time cancel travel arrangements and may at our sole and absolute discretion: offer alternative travel arrangements or products of a comparable standard, or if alternative travel arrangements or products are not offered, make a proportional refund for the cancelled services.
7.2 Gourmet South America may charge a reasonable fee to cover the administrative costs associated with providing alternative Travel Arrangements or Products.
8. TRAVEL INSURANCE
It is a condition of booking a Gourmet South America PTY LTD tour that you take out appropriate travel insurance. We cannot approve the cover you have bought and are not responsible if it is inadequate.
9. Passport, Visa and Health Requirements
9.1 Please note carefully:
to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
remember to apply for any necessary visa in good time;
check with your GP what vaccinations and medication you may require and allow time to obtain it.
10. LIMITATIONS ON OUR LIABILITY
10.1 We want you to enjoy a perfect holiday with Gourmet South America PTY LTD. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
any event which happens before you begin Travel Arrangements or after you leave our Travel Arrangements at departure;
any problem arising from your failure to reach the start of the Tour on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
any aspect of goods or services you buy or accept other than those arranged by us;
medical problems or physical difficulties, even if you have told us about them in advance;
your own carelessness or negligence in any aspect of your behaviour whilst with us;
laws, culture and standards of service and behaviour in any country we may visit;
changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
problems or issues which we could resolve whilst on a Tour but which you raise only after your return.
We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.
10.2 Gourmet South America acts as a booking agent for the Suppliers of Products and accepts no liability for any injury, damage, accident, delay that may arise to You the customer or to any third party’s use of the Products, unless recoverable from Gourmet South America on the failure of a statutory guarantee under Australian Consumer Law
10.3 Gourmet South America reasonable enquire to determine that suppliers provide appropriate products however Gourmet South America is not responsible for the products or their standard.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the Victoria courts.