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Online Booking Conditions

Small Group Journeys (Tours) General Online Booking Conditions

Please read these conditions carefully as they set out the basis upon which we accept all bookings. If you are booking a Tailor-made Holiday or a Mekong Cruise, please read the conditions relating to those holidays.

Content validity: Please note that the content on this Website is based on information supplied by Third Party Travel Providers and is subject to alteration with or without notice. Please check with your travel consultant about up to date prices, availability and information before making a booking.

What we provide to you

1.We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
2.By acquiring Booking & Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third Party Travel Provider relating to the Travel Product.
3.You pay us for providing the Booking & Advisory Services to you.

What the Third Party Travel Provider provides to you

4.Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.
5.These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage.
6.Travel tips relating to Travel Products are set out in the Annexure to these terms and conditions. We will include the main terms and conditions (e.g. cancellation and amendments fees) of the Third Party Travel Supplier associated with the Travel Products that form part of your booking on your travel documents as notified by these Third Party Travel Suppliers to us. However, you have the right to obtain and read all of the Third Party Travel Provider terms and conditions before acquiring the Booking & Advisory Services from us.
7.You pay the Third Party Travel Provider for providing the Travel Product to you.
8.We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.

We are liable to you for Booking & Advisory Services

9.Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you.
10.Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory 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:

a. use of (or inability to use) this Website, or any linked website;
b. disruption to this Website;
c. the delivery or non-delivery of the Travel Product; or
d. any act or omission of Third Party Travel Providers or other third parties.

11.Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection laws 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 this Website or the Booking & Advisory Services supplied by us outside these laws.

12.All information on this Website relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers 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 Third Party Travel Providers.

The Third Party Travel Provider is liable to you for the Travel Product

13.As an agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.

14.The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.

Prices for Travel Products

15.All pricing is reflected in Australian Dollars unless otherwise specifically denoted and is valid at time of publication but is subject to change. ‘From’ prices represent land only and low season twin share prices (unless otherwise clearly stated). Unless otherwise stated, prices include all government levies and airport taxes as at the date of publication. Dates, itineraries and prices are indicative only. Prices are valid for travel for the date ranges shown. We will use our reasonable efforts to notify you of changes in prices. The Third Party Travel Provider may be required to impose surcharges depending on currency fluctuations, surcharges or other variables outside of its control. You acknowledge and agree that you shall be responsible for the prompt payment of all surcharges and price increases. We reserve the right to charge a 2% administrative fee for payments made by credit card. Please contact your travel consultant for up to date prices as these may be subject to change.

Minimum booking

16.A minimum of 4 nights is required to make a booking. No airfares can be booked with us if less than 4 nights’ accommodation have been booked. Please confirm this with your consultant at time of booking.

Booking and fitness forms

17.You are required to complete and return a booking and fitness form prior to booking. This form will be supplied to you by your Travel Agent or our consultant, or can be completed online click here. This form must include your travel insurance information and no booking can be confirmed without this form.

Deposit and full payment

18.For bookings made 66 days or more from scheduled departure date, a non-refundable deposit of AU600 per person per journey is due 5 days after confirmation. Full payment is due and payable 65 days prior to the scheduled date of departure from Australia and will be notified to you in your confirmation of booking. We are not responsible for any changes made by a Third Party Travel Provider to the balance due date and prices are not guaranteed until payment has been made in full and documents have been processed and issued to you. Failure to pay a deposit within 5 days from the date of confirmation or in full by the due date may result in the automatic cancellation of your booking without refund of monies paid, unless you have been unable to complete the booking and pay the balance by the due date, due to our fault.

Cancellation by the traveller

19.All cancellations must be received by us in writing. No refunds will be made for unused services. Cancellations will be subject to the following cancellation fees applied per person, per confirmed booking:

- cancellations made more than 65 days before the scheduled date for departure from Australia - the deposit;
- cancellations made between 50-65 days before the scheduled date for departure from Australia - a cancellation fee of 25% or AU 600 (whichever is the greater);
- cancellations made between 35-49 days before the scheduled date for departure from Australia - a cancellation fee of 50% or AU 600 (whichever is the greater); and
- cancellations made within 35 days of the scheduled date of departure from Australia - a cancellation fee of 100%.

20.We will not charge a cancellation fee if:

- you cancel your booking due to a breach by us of any of our obligations to you or due to our fault; or
- the Third Party Travel Provider cancels your booking for no fault on your part.

21.Notwithstanding clause 20, cancellation of air, cruising and rail and other Third Party Travel Provider arrangements may be subject to fees in accordance with the terms you agree with the Third Party Travel Provider, which are separate to our cancellation fees. Refunds will not be given for unused or cancelled services after your arrangements have commenced.

Changes made by us

22.Each year we review and further develop the Travel Products offered. From time to time, we may be required to make changes to certain Travel Products, where deemed necessary by us. If we make a significant change, which is not due to an event beyond our control, you will be notified as soon as reasonably possible before your departure of the significant change and you will be offered the following options:

- accept a substitute Travel Product (if available). In the event that the substitute Travel Product is of a lower price then you will receive a refund for the price difference between the original Travel Product and substitute Travel Product; or
- accept a refund for all monies paid to us.

"Significant changes" are normally regarded as:

- a change affecting the start date of your journey; or
- a change in the arrival or departure city; or
- a change in the duration of the itinerary

If the significant change is due to force majeure or an event beyond our reasonable control, we will not be liable to offer you any compensation.

Amendments by the traveller

23.Once itineraries are requested, with or without deposit on file and provided at the time of amendment the number of passengers on the booked tour is not full, one free amendment is allowed if made 65 days prior to scheduled date of departure. Thereafter, we have the right to charge for subsequent permitted amendments as follows:

- more than 65 days prior to scheduled date of departure - AU60 per booking if the number of passengers on the booked tour is not full and AU200 per booking if the number of passengers is full;
- 50-65 days prior to scheduled date of departure - AU300 per person;
- within 50 days prior to scheduled date of departure - standard cancellation fees will apply and full price will apply to new travel arrangements.

24.Important: For the avoidance of doubt, if at the time of making the amendment, the number of passengers on the booked tour is full, passengers will not be entitled to a free first amendment and the charges above per amendment will apply immediately.

25.We will not charge any amendment fees if:

- you amend your booking due to a breach by us of any of our obligations to you or due to our fault; or
- the Third Party Travel Provider amends your booking for no fault on your part.

26.Notwithstanding clause 25, additional amendment fees may be charged by Third Party Travel Providers such as airlines, hotels or other tour operators in accordance with the terms you agree with the Third Party Travel Providers (which are separate to our amendment fees). Many Third Party Travel Providers deem a name change to constitute a cancellation, rather than an amendment and cancellation fees may apply in this instance in accordance with the terms you agree with the Third Party Travel Provider.

Cancellation and amendments by Third Party Travel Provider

27.If the Third Party Travel Provider changes any part of your booking for reasons beyond its control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third Party Travel Providers under the terms and conditions you agreed with them. Please check with your consultant before cancelling or amending a Travel Product in these circumstances as some Third Party Travel Providers may charge cancellation fees up to 100% of the Travel Product’s price as per their terms and conditions.

Western tour leaders

28.A Western tour leader will accompany groups if 7 or more travellers are booked on a journey 30 days prior to its departure. If the group size increases above 7 travellers within 30 days of commencement, we will use our reasonable efforts to secure a Western tour leader but this cannot be guaranteed. If the number is less than 7, the journey will likely operate with local English-speaking guides. In some situations, there will be a single local guide for the entire trip duration, however, in most cases there is a separate local guide in each city.

Maximum numbers

29.The maximum group size is 16.

Single travellers

30.Single travellers may avoid paying a single supplement by electing to travel on a ‘Willing to share’ room basis. If we are unable to match a ‘Willing to share’ traveller with another of the same sex, we will confirm a single room at the twin share price. We advise travellers requiring a single room to book and pay the single supplement. When sharing a hotel room with another ‘Willing to share’ non-smoker, you must not smoke in the hotel room. We will use our reasonable efforts to match non-smokers and travellers of approximately the same age, but this not always possible and we cannot guarantee it. The ‘Willing to share’ option is not available on Deluxe Journeys, or for travellers under the age of 18. The ‘Willing to share’ option is subject to request for booking requests received within 45 days of scheduled departure date. Once a ‘Willing to share’ option is confirmed, full amendment or cancellation fees will apply if the booking is changed to a single supplement within 65 days prior to departure.

Shared rooms and facilities

31.On all overnight train trips and homestays all travellers will be in shared compartments, even if a single supplement has been paid due to cabin/room design.

Merging classic and deluxe Small Group Journeys

32.From time to time, we may make a decision to merge a classic and deluxe Small Group Journey that follow the same itinerary on the same departure date. This will be done at times when group size, hotel location and logistical issues allow this to be done with no negative impact on your holiday. At no times will a merged tour exceed the maximum passenger number for that destination.

Families and children

33.Bookings are open to people 12 years of age and over. As travellers under 18 cannot participate in the journey on a ‘Willing to share’ basis, such travellers will need to either share a room with a parent or another family member, or pay the single supplement. Children aged 12-17 (inclusive) must pay the adult price. Triple sharing is usually possible, but must be requested at the time of booking. In cases where separate rooms are booked, we will request, but cannot guarantee, interconnecting or adjacent rooms.

Triple share

34.It is not possible to guarantee triple share rooms. This is because many hotels either do not have triple-bed rooms, or have fold-away beds only. Travellers can request a triple room at the time of booking, however, the booking will be confirmed as double/twin plus a ‘Willing to share’. During the journey, a triple share may be provided wherever possible, but usually a double/twin room plus a ‘Willing to share’ room will be provided. There are no reductions in price for triple shares.

Minimum fitness levels

35.We may require a doctor’s certificate prior to confirmation for each traveller that is over 70 years of age or has a pre-existing medical condition. Please carefully consider the grading and choose a Small Group Journey appropriate for your level of health and fitness. You must disclose pre-existing medical conditions and be able to perform the activities outlined in the ‘Statement of fitness’ section of the booking form. Final confirmation of a booking is subject to receipt of complete and accurate information about your fitness. If you are concerned about your physical ability to undertake a Small Group Journey, we can arrange a tailor-made itinerary for independent travel as an alternative to a Small Group Journey.

Tour leader authority

36.When on the journey, travellers must abide by and comply with the authority and reasonable directions of the tour leader. At all times, the decision of the tour leader will be final on matters regarding group dynamics, and individual and group safety and well-being. If a tour leader takes the view that you are unable to meet ‘Minimum fitness levels’ the tour leader may, in his/her sole reasonable discretion, prevent you from further participation in the journey. Additionally, should you fail to comply with a reasonable decision or direction of the tour leader, interfere with the wellbeing of the group, fail to respect the rights or beliefs of your fellow travellers, or commit an illegal, obscene or otherwise inappropriate act while on journey, the tour leader may in his/her reasonable discretion prevent your further participation in the journey. In such instances, we will use our reasonable efforts to assist with onward travel arrangements for the relevant traveller. No refund will be given for any unused portion of the journey in these circumstances.

Travel insurance

37.It is a condition of travel that all travellers are adequately covered by travel insurance prior to departure. Insurance should cover personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancellation or curtailment of holiday. Your insurance details must be supplied to us at the time of booking. If you fail to provide the requested insurance information prior to travel as well as on arrival in Asia during registration, we reserve the right, acting in our sole discretion, to cancel bookings and apply charges as per our cancellation policy. In some cases, a pre-existing medical condition may not be covered by your travel insurance company. In this instance, a signed release waiver is required stating that you will be financially responsible for any costs associated with treatment of your pre-existing medical condition.

Travel documents

38.Travel documents will be issued after final payment has been received and are normally sent two weeks prior to departure. Travel documents may include special conditions including restrictions such as baggage size and weight limits. Travel documents are not transferable. All airline tickets must be issued in the name of the passport holder and some carriers will deny carriage if the name varies and the booking may be cancelled. It is your responsibility to collect all travel documents prior to travel.

Airfares - cancellations & amendments

39.Prices displayed on this Website or provided by us, do not include airfares from or to your departing destination, unless specified. All flights bookings are subject to the carrier’s conditions of carriage. It is your responsibility to carefully read and understand the terms and conditions that relate to your airfare and contact the relevant airline if you require further information. Cancellation and refund policies associated with airfares vary according to airfare terms and conditions and the relevant airline. It is your responsibility to contact the airline prior to departure to ensure there is no change to the scheduled departure time. We do not offer advice on Frequent Flyer eligibility on flights.

Other cancellation and amendments

40.A Third Party Travel Provider may cancel, reschedule or amend any itinerary in accordance with operating requirements or circumstances beyond its control. This includes alterations to itineraries and schedules including change of embarkation and disembarkation points. We are not responsible for any other travel arrangement affected due to the Third Party Travel Provider’s cancellations or amendments. Amendments beyond the Third Party Travel Provider’s control may involve a surcharge for the additional or amended services.

Star ratings

41.Star ratings are our views and not official ratings.

Publicity

42.You agree that we may use images of you taken during the trip and any comments made in writing by you regarding the trip, without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium we choose.

Errors & omissions

43.We reserve the right to correct any errors in rates or content quoted or calculated for any package, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.

The Website and links

44.We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto this Website. You acknowledge and agree that your acquisition of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your acquisition.
45.You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted.

Privacy

46.You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy. The terms of our Privacy Policy are incorporated into these terms.

Jurisdiction and Law

47.Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of New South Wales. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of this Website and terms.

Definitions

“We” and “us” means Stella Travel Services (Australia) Pty Limited (ABN 84 003 237 296), trading as Travel Indochina, a licensed travel agent and member of the Travel Compensation Fund, Travel Agents Licence No9TA1190.

“You” means any user of this Website and includes any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).

“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).

“Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.

“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.

“Website” means this website.

ANNEXURE

TRAVEL TIPS FOR TRAVEL PRODUCTS

These tips are not legally binding terms and conditions.

You should obtain and read the Third Party Travel Provider’s terms and conditions which are legally binding on you.

Passports, Visas and Health Requirements

Visas, including transit visas, are the passenger’s own responsibility. For more information please log on to: www.dfat.gov.au or www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.

It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.

Ticketing

For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. In some instances, an e-ticket on the flights or fares selected may not be able to be issued. Bookings that cannot be issued as an e-ticket, will have to be changed to comply with e-ticket regulations. All other travel documentation, such as hotel, car hire, transfer and tour vouchers will be e-mailed to you as an e-document. Should the Third Party Travel Provide issue paper vouchers, these will be posted to you.

Frequent Flyers & Special Requests

For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number in the special section featured in the booking engine. For Call Centre bookings, please advise your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.

Special requests will be passed on to the Third Party Travel Provider but cannot be guaranteed.

Tailor-made Holidays - General Online Booking Conditions

Please read these conditions carefully as they set out the basis upon which we accept all bookings. If you are booking a Small Group Journey, or a Mekong Cruise, please read the conditions relevant to those holidays.

Content validity: Please note that the content on this Website is based on information supplied by Third Party Travel Providers and is subject alteration with or without notice. Please check with your travel consultant about up to date prices, availability and information before making a booking.

What we provide to you

1.We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
2.By acquiring Booking & Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third Party Travel Provider relating to the Travel Product.
3.You pay us for providing the Booking & Advisory Services to you.

What the Third Party Travel Provider provides to you

4.Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.

5.These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage.

6.Travel tips relating to Travel Products are set out in the Annexure to these terms and conditions. We will include the main terms and conditions (e.g. cancellation and amendments fees) of the Third Party Travel Supplier associated with the Travel Products that form part of your booking on your travel documents as notified by these Third Party Travel Suppliers to us. However, you have the right to obtain and read all of the Third Party Travel Provider terms and conditions before acquiring the Booking & Advisory Services from us.

7.You pay the Third Party Travel Provider for providing the Travel Product to you.

8.We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.

We are liable to you for Booking & Advisory Services

9.Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you.

10.Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory 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) and which is suffered directly or indirectly in connection with the:
 
- use of (or inability to use) this Website, or any linked website;
- disruption to this Website;
- the delivery or non-delivery of the Travel Product; or
- any act or omission of Third Party Travel Providers or other third parties.

11.Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection laws 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 this Website or the Booking & Advisory Services supplied by us outside these laws.

12.All information on this Website relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers 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 Third Party Travel Providers.

The Third Party Travel Provider is liable to you for the Travel Product

13.As agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.

14.The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.

Prices for Travel Products

15.All pricing is reflected in Australian Dollars unless otherwise specifically denoted and is valid at time of publication but is subject to change. ‘From’ prices represent land only and low season twin share prices (unless otherwise clearly stated). Unless otherwise stated, prices include all government levies and airport taxes as at the date of publication. Dates, itineraries and prices are indicative only. Prices are valid for travel for the date ranges shown. We will use our reasonable efforts to notify you of changes in prices. The Third Party Travel Provider may be required to impose surcharges depending on currency fluctuations, surcharges or other variables outside of its control. You acknowledge and agree that you shall be responsible for the prompt payment of all surcharges and price increases. We reserve the right to charge a 2% administrative fee for payments made by credit card. Please contact your travel consultant for up to date prices as these may be subject to change.

Minimum booking

16.A minimum of 4 nights is required to make a booking. No airfares can be booked with us if less than 4 nights’ accommodation have been booked. Please confirm this with your consultant at time of booking.

Deposit and full payment

17.A non-refundable deposit of AU300 per person is due 5 days after issuance of an invoice. For all bookings to Burma a non-refundable deposit of AU300 per person or 20% of the total cost of land arrangements, whichever is greater, is due 5 days after issuance of an invoice. Full payment is due and payable to us 65 days prior to the scheduled date of departure from Australia and will be notified to you in your confirmation of booking.

18.We are not responsible for any changes made by a Third Party Travel Provider to the balance due date and prices are not guaranteed until payment has been made in full and documents have been processed and issued to you. Failure to pay a deposit within 5 days from the date of confirmation or in full by the due date may result in the automatic cancellation of your booking without refund of monies paid, unless you have been unable to complete the booking and pay the balance by the due date, due to our fault.

19.Bookings made within 35 days of scheduled departure require full payment on request. Payment for domestic flights and regional flights in Asia must be received within 3 days of booking to avoid automatic cancellation. All bookings are subject to availability at time of booking.

Cancellation by the traveller

20.All cancellations must be received in writing. No refunds will be made for unused services. Cancellations will be subject to the following cancellation fees applied per person, per confirmed booking:

- for cancellations made more than 65 days before the scheduled date for departure from Australia - the deposit;
- for cancellations made between 10-65 days before the scheduled date for departure from Australia - a cancellation fee of 25% or AU300 (whichever is the greater);
- for cancellations made within 10 days of the scheduled date of travel arrangements - a cancellation fee of 100%.

21.We will not charge a cancellation fee if:

- you cancel your booking due to a breach by us of any of our obligations to you or due to our fault; or
- the Third Party Travel Provider cancels your booking for no fault on your part.

22.Notwithstanding clause 21, cancellation of air, cruising, rail and other Third Party Travel Provider arrangements may be subject to fees in accordance with the terms you agree with the Third Party Travel Provider, which are separate to our cancellation fees. Refunds will not be given for unused or cancelled services after your arrangements have commenced.

Amendments by the traveller

23.Amendment fees may be charged by Third Party Travel Providers in accordance with the terms you agree with the Third Party Travel Providers.

Cancellation and amendments by Third Party Travel Provider

24.If the Third Party Travel Provider changes any part of your booking for reasons beyond its control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third Party Travel Providers under the terms and conditions you agreed with them. Please check with your consultant before cancelling or amending a Travel Product in these circumstances as some Third Party Travel Providers may charge cancellation fees up to 100% of the Travel Product’s price as per their terms and conditions.

Travel documents

25.Travel documents will be issued after final payment has been received and are normally sent two weeks prior to departure. Travel documents may include special conditions including restrictions such as baggage size and weight limits. Travel documents are not transferable. All airline tickets must be issued in the name of the passport holder and some carriers will deny carriage if the name varies and the booking may be cancelled. It is your responsibility to collect all travel documents prior to travel.

Airfares - cancellations & amendments

26.Prices displayed on this Website or provided by us, do not include airfares from or to your departing destination, unless specified. All flights bookings are subject to the carrier’s conditions of carriage. It is your responsibility to carefully read and understand the terms and conditions that relate to your airfare and contact the relevant airline if you require further information. Cancellation and refund policies associated with airfares vary according to airfare terms and conditions and the relevant airline. It is your responsibility to contact the airline prior to departure to ensure there is no change to the scheduled departure time. We do not offer advice on Frequent Flyer eligibility on flights.

Other cancellation and amendments

27.A Third Party Travel Provider may cancel, reschedule or amend any itinerary in accordance with operating requirements or circumstances beyond its control. This includes alterations to cruise itineraries and schedules including change of embarkation and disembarkation points. We are not responsible for any other travel arrangement affected due to the Third Party Travel Provider’s cancellations or amendments. Amendments beyond the Third Party Travel Provider’s control may involve a surcharge for the additional or amended services.

Star ratings

28.Star ratings are our views and not official ratings.

Publicity

29.You agree that we may use images of you taken during the trip and any comments made in writing by you regarding the trip, without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium we choose.

Errors & omissions

30.We reserve the right to correct any errors in rates or content quoted or calculated for any package, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.

The Website and links

31.We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto this Website. You acknowledge and agree that your acquisition of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your acquisition.
32.You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted.

Privacy

33.You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy. The terms of our Privacy Policy are incorporated into these terms.

Jurisdiction and Law

34.Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of New South Wales. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of this Website and terms.

Definitions

“We” and “us” means Stella Travel Services (Australia) Pty Limited (ABN 84 003 237 296), trading as Travel Indochina, a licensed travel agent and member of the Travel Compensation Fund, Travel Agents Licence No9TA1190.

“You” means any user of this Website and includes any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).

“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).

“Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.

“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.

“Website” means this website.

ANNEXURE

TRAVEL TIPS FOR TRAVEL PRODUCTS

These tips are not legally binding terms and conditions.

You should obtain and read the Third Party Travel Provider’s terms and conditions which are legally binding on you.

Passports, Visas and Health Requirements

Visas, including transit visas, are the passenger’s own responsibility. For more information please log on to: www.dfat.gov.au or www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.

It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.

Ticketing

For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. In some instances, an e-ticket on the flights or fares selected may not be able to be issued. Bookings that cannot be issued as an e-ticket, will have to be changed to comply with e-ticket regulations. All other travel documentation, such as hotel, car hire, transfer and tour vouchers will be e-mailed to you as an e-document. Should the Third Party Travel Provide issue paper vouchers, these will be posted to you.

Frequent Flyers & Special Requests

For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number in the special section featured in the booking engine. For Call Centre bookings, please advise your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.
Special requests will be passed on to the Third Party Travel Provider but cannot be guaranteed.

Special needs

Travellers with a physical or mental disability that may require special assistance during their trip must advise us of their needs upon booking. This enables us to ensure the suitability of each booking to the individual traveller.

Bedding configuration

Requests for specific bedding types must be made at the time of booking, however cannot be guaranteed. Note that double rooms can be fitted with either double or twin beds, and note also that single rooms are often smaller than other rooms. Triple rooms usually comprise a twin bed room with an additional sofa bed, roll-away bed or a fold-away bed for a third person.

Travelling with children

Where a child stays for free in a room sharing with two paying adults, generally the hotel will expect the child to share the parent’s bed and will not provide an extra bed. Additional charges may be levied for child meals. Where a child rate is provided on the Website, an extra roll or fold-away bed is usually provided. Children are charged an adult rate if staying in a room without adults.

Mekong Cruise General Online Booking Conditions

Please read these conditions carefully as they set out the basis upon which we accept all bookings.  If you are booking a Small Group Journey or Tailor-made Holiday please read the conditions relating to those holidays.

Content validity: Please note that the content on this Website is based on information supplied by Third Party Travel Providers and is subject to alteration with or without notice. Please check with your travel consultant about up to date prices, availability and information before making a booking.

What we provide to you

1.We provide you with Booking & Advisory Services that allow you to acquire a Travel Product from a Third Party Travel Provider. We act as an agent for the Third Party Travel Provider.
2.By acquiring Booking & Advisory Services from us, you agree that you have read and understood both these terms and conditions and the terms and conditions of the Third Party Travel Provider relating to the Travel Product.
3.You pay us for providing the Booking & Advisory Services to you.

What the Third Party Travel Provider provides to you

4.Once you have acquired Booking & Advisory Services from us, the Third Party Travel Provider will provide you with the Travel Product on terms and conditions agreed between you and the Third Party Travel Provider.
5.These terms and conditions are available from the Third Party Travel Provider and may include rules and restrictions about the use and availability of fares, products and services, refund and cancellation policies and the limitation or exclusion of liability for death, personal injury, delay and loss or damage to baggage.
6.Travel tips relating to Travel Products are set out in the Annexure to these terms and conditions. We will include the main terms and conditions (e.g. cancellation and amendments fees) of the Third Party Travel Supplier associated with the Travel Products that form part of your booking on your travel documents as notified by these Third Party Travel Suppliers to us. However, you have the right to obtain and read all of the Third Party Travel Provider terms and conditions before acquiring the Booking & Advisory Services from us.
7.You pay the Third Party Travel Provider for providing the Travel Product to you.
8.We do not (and cannot) provide you with the Travel Product and you do not pay us for acquiring the Travel Product. We also do not act as your agent when you acquire Booking & Advisory Services from us or a Travel Product from a Third Party Travel Provider or when you seek a refund from the Third Party Travel Provider.

We are liable to you for Booking & Advisory Services

9.Because we provide you with Booking & Advisory Services and you pay us for acquiring Booking & Advisory Services, we are liable to you in accordance with these terms and conditions for breaching our obligations in providing the Booking & Advisory Services to you.
10.Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory 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) this Website, or any linked website;
- disruption to this Website;
- the delivery or non-delivery of the Travel Product; or
- any act or omission of Third Party Travel Providers or other third parties.

11.Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection laws 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 this Website or the Booking & Advisory Services supplied by us outside these laws.

12.All information on this Website relating to a Travel Product or a Third Party Travel Provider is provided by Third Party Travel Providers 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 Third Party Travel Providers.

The Third Party Travel Provider is liable to you for the Travel Product

13.As agent for the Third Party Travel Provider, we are not liable to you for a breach of obligations by the Third Party Travel Provider in providing you with a Travel Product.

14.The Third Party Travel Provider is liable to you for a breach of obligations in providing you with the Travel Product.

Prices for Travel Products

15.All pricing is reflected in Australian Dollars unless otherwise specifically denoted and is valid at time of publication but is subject to change. ‘From’ prices represent land only and low season twin share prices (unless otherwise clearly stated). Unless otherwise stated, prices include all government levies and airport taxes as at the date of publication. Dates, itineraries and prices are indicative only. Prices are valid for travel for the date ranges shown. We will use our reasonable efforts to notify you of changes in prices. The Third Party Travel Provider may be required to impose surcharges depending on currency fluctuations, surcharges or other variables outside of its control. You acknowledge and agree that you shall be responsible for the prompt payment of all surcharges and price increases. We reserve the right to charge a 2% administrative fee for payments made by credit card. Please contact your travel consultant for up to date prices as these may be subject to change.

Minimum booking

16.A minimum of 4 nights is required to make a booking. No airfares can be booked with us if less than 4 nights’ accommodation have been booked. Please confirm this with your consultant at time of booking.

Booking forms

17.You are required to complete and return a booking form prior to booking. Third Party Travel Providers may refuse supply if a completed booking form is not received. A booking form will be supplied to you by your Travel Agent or us, or can be completed online click here.

Deposit and full payment

18.A non-refundable deposit of 20% of the booking is due within 5 days after issuance of an invoice. For bookings made between 66-95 days before the scheduled date of departure from Australia a 30% non-refundable deposit is due. For bookings made within 65 days before the scheduled date of departure from Australia full payment is due at the time of booking. Full payment is due and payable 65 days prior to the scheduled date of departure from Australia. Failure to pay in full by the due date may result in the automatic cancellation of your booking without refund of monies paid, unless you have been unable to complete the booking and pay the balance by the due date, due to our fault.

Cancellation and amendments by the traveller

19.The following cancellation fees will apply to a booking:

- cancellations more than 95 days before the scheduled date of departure from Australia the full deposit of 20% ;
- cancellations 66-95 days before the scheduled date of departure from Australia a cancellation fee of 30%;
- cancellations 35-65 days before the scheduled date of departure from Australia a cancellation fee of 60%;
- cancellations made within 35 days before the scheduled date of departure from Australia a cancellation fee of 100%.

20.Notwithstanding clause 21, amendment and cancellation fees may be charged by the Third Party Travel Provider in accordance with the terms agreed between you and the Third Party Travel Provider.

21.We will not charge a cancellation or an amendment fee if:

- you cancel your booking due to a breach by us of any of our obligations to you or due to our fault; or
- the Third Party Travel Provider cancels or amends your booking for no fault on your part.

Cancellation and amendments by Third Party Travel Provider

22.Where occupancy is less than 5 cabins, the Third Party Travel Provider may cancel the journey 30 days prior to scheduled departure date. An alternative date or vessel will be offered if available. A confirmed cabin type can be changed more than 60 days prior to departure. Any changes will be subject to the cancellation and amendment fees in accordance with the terms agreed between you and the Third Party Travel Provider.

23.If the Third Party Travel Provider changes any part of your booking for reasons beyond its control, for example, if a Third Party Travel Provider changes its schedules, overbooks, or if there are any changes in applicable surcharges, fees or taxes, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product and we will refund any monies already paid less any fees charged by us under these terms and conditions and by the Third Party Travel Providers under the terms and conditions you agreed with them. Please check with your consultant before cancelling or amending a Travel Product in these circumstances as some Third Party Travel Providers may charge cancellation fees up to 100% of the Travel Product’s price as per their terms and conditions.

Travelling with children

24.An extra bed may not always be available and a separate cabin will be required when there are more than 2 passengers travelling including children.

Travel documents

25.Travel documents will be issued after final payment has been received and are normally sent two weeks prior to departure. Travel documents may include special conditions including restrictions such as baggage size and weight limits. Travel documents are not transferable. All airline tickets must be issued in the name of the passport holder and some carriers will deny carriage if the name varies and the booking may be cancelled. It is your responsibility to collect all travel documents prior to travel.

Airfares - cancellations & amendments

26.Prices displayed on this Website or provided by us, do not include airfares from or to your departing destination, unless specified. All flights bookings are subject to the carrier’s conditions of carriage. It is your responsibility to carefully read and understand the terms and conditions that relate to your airfare and contact the relevant airline if you require further information. Cancellation and refund policies associated with airfares vary according to airfare terms and conditions and the relevant airline. It is your responsibility to contact the airline prior to departure to ensure there is no change to the scheduled departure time. We do not offer advice on Frequent Flyer eligibility on flights.

Other cancellation and amendments

27.A Third Party Travel Provider may cancel, reschedule or amend any itinerary in accordance with operating requirements or circumstances beyond its control. This includes alterations to itineraries and schedules including change of embarkation and disembarkation points. We are not responsible for any other travel arrangement affected due to the Third Party Travel Provider’s cancellations or amendments. Amendments beyond the Third Party Travel Provider’s control may involve a surcharge for the additional or amended services.

Star ratings

28.Star ratings are our views and not official ratings.

Publicity

29.You agree that we may use images of you taken during the trip and any comments made in writing by you regarding the trip, without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium we choose.

Errors & omissions

30.We reserve the right to correct any errors in rates or content quoted or calculated for any package, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.

The Website and links

31.We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto this Website. You acknowledge and agree that your acquisition of the Booking & Advisory Service is subject to the terms and conditions in force at the time of your acquisition.
32.You acknowledge that the inclusion of links on this Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted.

Privacy

33.You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy. The terms of our Privacy Policy are incorporated into these terms.

Jurisdiction and Law

34.Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of New South Wales. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of New South Wales in all matters arising out of or in connection with your use of this Website and terms.

Definitions

“We” and “us” means Stella Travel Services (Australia) Pty Limited (ABN 84 003 237 296), trading as Travel Indochina, a licensed travel agent and member of the Travel Compensation Fund, Travel Agents Licence No9TA1190.

“You” means any user of this Website and includes any person who acquires a Travel Product (whether or not the Booking & Advisory Services were acquired by another person).

“Booking & Advisory Services” means services provided by us to you in assisting you to acquire a Travel Product from a Third Party Travel Provider and includes advisory and consulting services, making this Website and any software associated with it available to you, and providing a facility to enter into transactions with us and Third Party Travel Providers (whose details and Travel Products appear on this Website).

“Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.

“Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or a hotel.

“Website” means this website.

ANNEXURE

TRAVEL TIPS FOR TRAVEL PRODUCTS

These tips are not legally binding terms and conditions.

You should obtain and read the Third Party Travel Provider’s terms and conditions which are legally binding on you.

Passports, Visas and Health Requirements

Visas, including transit visas, are the passenger’s own responsibility. For more information please log on to: www.dfat.gov.au or www.smarttraveller.gov.au. Please check with the respective Embassy or Consulate of each country that you are travelling to, as many destinations require visas for both Australians and non-Australian passport holders. For more information, log on to www.visalink.com.au. You need to ensure that you have at least 6 months validity on your passport from the date of your departure return.

It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. Vaccinations are strongly recommended for certain destinations. You need to contact your local doctor who will advise you of these requirements. Please note that vaccinations may be recommended some period in advance of travelling.

Shore excursions and water levels

The nature of some shore excursions means that there are no formal jetties. While staff are always on hand to assist, those with limited mobility may find these areas difficult to access. Water levels can also affect access as river banks are often steeper from mid-December to late August. During this season (which can vary in length from year to year) it is necessary to travel by land, rather than cruise through Tonle Sap Lake. This journey from Siem Reap to Prek K’dam or vice versa can take up to five hours and the notification of this change is not known prior to departure, it will be advised at the start or end of the cruise.

Ticketing

For international and domestic departure, e-tickets will be issued upon payment and completion of the booking process. In some instances, an e-ticket on the flights or fares selected may not be able to be issued. Bookings that cannot be issued as an e-ticket, will have to be changed to comply with e-ticket regulations. All other travel documentation, such as hotel, car hire, transfer and tour vouchers will be e-mailed to you as an e-document. Should the Third Party Travel Provide issue paper vouchers, these will be posted to you.

Frequent Flyers & Special Requests

For more information on whether your airfare is eligible for Frequent Flyer rewards, please contact the airline directly. When booking online, please ensure that you have entered your correct number in the special section featured in the booking engine. For Call Centre bookings, please advise your Frequent Flyer details and these will be added to your reservation. We do not take any responsibility should an airline not register your trip. You should retain copies of your air ticket and boarding pass.

Special requests will be passed on to the Third Party Travel Provider but cannot be guaranteed.