Please read the following terms and conditions carefully

These terms and conditions apply to bookings you make with a Consultant (instore, over the phone or by email) as well as online bookings made via our website. These terms and conditions govern our relationship with you. If we accept a booking from you on behalf of a Supplier, you will also have a separate contract with the Supplier, which will be governed by other terms and conditions. It is your responsibility to make yourself aware of those other terms and conditions.

Executive Summary

Although you should read all of the terms and conditions, the following is a summary of the most important:

Prices, including, in some cases, of confirmed bookings, may be subject to change.

Some confirmed bookings are non-refundable if cancelled by you and it is your responsibility to check if this applies.

We will be entitled to retain our service fees even if a booking is cancelled or does not proceed for any reason which is not our fault.

It is your responsibility to make yourself aware of all information relevant to your travel plans, including but not limited to visa requirements and health precautions.

We are not your agent, and may receive additional fees or other incentives from Suppliers.

We are not liable for the accuracy of any published Supplier content including websites and brochures.You must not make any booking unless you are 18 years of age or older and understand and agree with the following terms and conditions.

Prices & Taxes

All prices that we quote are in Australian Dollars and based on twin share accommodation unless otherwise stated. Please note that prices quoted are subject to change at the discretion of the Supplier prior to booking. Price changes may occur after booking because of matters outside our control which increase the cost of the Product. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your Consultant for up-to-date prices. Even if paid in full, a price may change because of matters outside our control.

Where FE is an agent for its Suppliers of photographic tours

FE acts as an agent on behalf of the suppliers of the photographic tours promoted on its website and these tours are governed by the Terms and Conditions of those suppliers. While every effort is made to ensure that travel products are delivered as promoted FE does not guarantee that this will happen as FE is simply a reseller of these products. We may receive fees, commissions, gifts or financial incentives from Suppliers in respect of Products we advise you of or arrange on your behalf. Any brochures provided by us to you are supplied by Suppliers, or are prepared by us based on content supplied by Suppliers, and we accept no liability for errors in that material. Your oral or written instructions to us are authority for us to make travel bookings on your behalf and to arrange relevant contracts between you and the applicable Supplier. Notwithstanding this authority, we are not your agent and do not have any fiduciary duty to you.

We exercise care in the selection of reputable Suppliers, but we have no control over, or liability for, the Products provided by the Suppliers, who are third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by the Supplier. We recommend that you read them before finalising the transaction and we can provide you with copies of the relevant terms and conditions on request. Your legal rights and remedies in connection with the provision of Products are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us.

Where FE runs its own photographic tours

FE may also run its own photographic tours from time to time. In these instances, then FE as the tour operator is responsible to deliver the tour as promoted.

Offers

All offers and promotions of services sold through FE are subject to availability and all advertised promotions apply solely to new bookings. Offers can be withdrawn at any time and without notice.

Deposits and Payments

At the time of booking FE will require a per person non-refundable deposit on top of the deposit required by the supplier of the tour you are booking. This is to cover FE for their time in the event you decide not to go ahead with the booking. Note that this extra deposit is part of the overall quote for your travel and not additional to it.

At the time of booking FE will also outline the schedule of payments due to secure and finalise your booking. Failure to pay the deposits due to suppliers by the due date may result in your booking being cancelled – suppliers often do this automatically so it is not something FE can stop. While FE can rebook the itinerary for you please note that the original dates or tour requested may not still be available or that the price may have changed.

Failure to meet final payment deadlines can also lead to cancellation of your booking and any refund of the deposit monies you may have paid will be subject to the suppliers Terms and Conditions.

Once you have paid any money towards a booking it is deemed that you have read and understood theses Terms and Conditions.

Card payments will incur extra fees – 2% for Amex or Diners and 1.25% for Visa or Mastercard.

If a supplier fails to provide the product purchased your remedy lies against the supplier and not against FE except where FE is the operator of the tour.

International travel arrangements are generally paid to the supplier in their local or nominated currency. Where prices are quoted to you in Australian Dollars then these are based on the exchange rate on the day but note that there can be fluctuations in the final price due based on movements in the foreign exchange rates. The quoted price in Australian Dollars will be honoured were you have paid the full amount at the time of receiving the quote. Suppliers can also impose extra charges prior to your making the final payment and FE is not liable if such changes occur. Rates quoted are correct at the time of booking and are subject to change with or without notice.

FE is registered for GST and this tax applies to all domestic travel booked as part of your itinerary.

All monies received from you will be placed into a Client account until dispersed to the suppliers of your travel arrangements.

Confirmations and Documentation

Once you have booked your travel itinerary FE will send you a written confirmation but note that bookings are not deemed to be finalised until all monies have been paid. Final documentation will not be issued by travel suppliers until they have received full payment for their part of your itinerary. Also note that each supplier will have their own terms on deposits and final payments and their own overall Terms and Conditions which govern their part of your itinerary.

On receipt of your travel documents you must check that they correctly reflect the booking you made so that any amendments can be made in good time and avoid any disruption to your travels. Equally you must provide passenger names exactly as they appear in your passports – you may be refused boarding by a cruise line or airline if the name on your booking is different to the one in your passport. Also be aware of any changes to your circumstances – such as having a new baby that needs to be registered on your passport or to have their own passport.

All passengers departing Australia must be in possession of a valid passport with a minimum of 6 month’s validity beyond your return date to Australia. FE requires a copy of your passport prior to making final bookings and you must advise us if you are travelling on a non-Australian passport as this can affect your visa requirements to visit the countries in your itinerary and can also affect your right to return to Australia.

Please check your itinerary carefully before booking it as any changes to an itinerary will incur a fee of $60 per person by FE for their time to make these changes plus the supplier may also charge change fees. These will be advised before any change is made. Where the change is as a result of the travel supplier’s actions you may be able to cancel or rebook without penalty but note that cruise lines and airlines both reserve the right to vary their schedules so your rights to cancel and /or rebook are subject to the suppliers Terms and Conditions.

Equally in the event you need to cancel a booking then any refunds due to you will be subject to the supplier’s terms and conditions.

Refunds

Your entitlement to a refund for cancelled bookings is subject to the relevant Supplier’s terms and conditions.

If you are entitled to a refund then, subject to the Supplier’s terms and conditions, we will arrange for it to be supplied to us on your behalf, unless we expressly agree with you otherwise. If we are managing or arranging a refund for a cancelled booking on your behalf it will not be paid to you until the Supplier provides the refund to us, and we will not be liable for any delay on the part of the Supplier. Be aware that typically airlines will take between 60-90 days to process a refund.

Please note that if we are entitled to a service fee for placing a booking, we will remain entitled to this fee if you cancel the booking or the Supplier fails to provide you with the Product for any reason (other than our default), including in an event of Force Majeure. We will be entitled to deduct our service fee from any refund we receive on your behalf before remitting the balance to you.

Liability

To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, an event of Force Majeure affecting you, us or a Supplier or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). In particular, we disclaim any liability for any consequential loss, including loss of enjoyment or amenity. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth). Without limitation of the disclaimer of liability in the previous paragraph, any obligation we have to you will be suspended during the time and to the extent that we are prevented from, or delayed in, complying with that

obligation by an event of Force Majeure. Your rights with respect to a confirmed booking affected by an event of Force Majeure will be subject to the terms and conditions of the relevant Supplier.

Governing Law

If any dispute arises between you and us, the laws applicable in South Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of South Australia, and waive any right that you may have to object to an action being brought in those courts.

 Visas

Many countries require visitors to have obtained a Visa for entry prior to arrival and it is your responsibility to ensure that you have valid passports, visas and entry permits. Any costs associated with not having correct documentation is solely your responsibility. FE can source information on Visa requirements for you from a third party advisory service but we take no responsibility on the accuracy of their information. Note if you are travelling to the USA they have a compulsory Visa Waiver program and you need to apply online at https://esta.cbp.dhs.gov Be aware that not all people will be eligible to participate in the Visa Waiver scheme in which case you would need to apply for entry clearance from the US Embassy prior to your arrival into the USA.

Health and Safety and Insurance

Check with your Doctor about any requirements for vaccinations.

Check with DFAT via their www.smarttraveller.gov.au site for any travel advisories that may impact your itinerary

NB – Our photo tour partners all insist that you have your own comprehensive travel insurance organised. This insurance should cover all aspects of the travel purchased as well as providing medical coverage while overseas including repatriation to Australia. Proof of purchase of your Travel Insurance policy needs to be lodged with FE prior to final payments being made.

Liability

Except where FE runs its own tours, FE cannot accept any responsibility for any act, omission or default (negligent or otherwise) of any travel service provider in connection with your holiday over whom FE has no direct or exclusive control and we shall not be liable for any injury, loss or damage including consequential damage arising out of or connected to your travel booking. We may act as an agent for travel suppliers and have no responsibility for the provision of those services nor do we warrant regarding the standard of the services to be provided. Your recourse is against the specific travel provider and not against FE.

Privacy

FE respects your privacy and all details collected by you will be used solely for the travel being booked and for the purposes of obtaining feedback from you or for advising you of special offers from time to time. If you do not wish to receive such notifications simply advise FE. For more information on our Privacy Policy refer to our website – www.focusedexpeditions.com

Fees and Surcharges

A variety of fees and surcharges may be payable to us, including booking or reservation fees, cancellation and amendment fees, credit card merchant fees, insurance claim processing fees or fees for ad-hoc services performed as required. Payment by credit card will incur a surcharge to offset our cost of acceptance of payment by credit card. The surcharge varies depending on credit card type, it is your responsibility to advise the correct credit card type to ensure that the appropriate surcharge is applied. We accept no responsibility for an inappropriate surcharge being applied if the correct card type has not been advised, and the surcharge applied shall not be refundable. You authorise us to charge all monies payable by you in relation to any booking we make on your behalf or other services we have procured or provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

Schedule of Fees

  • FE will collect a non-refundable deposit per person in addition to any deposits required by the travel providers. This will be $150 per person for International travel and $100 per person for domestic travel. Note this deposit is not an addition to the quoted cost of your itinerary.
  • Credit card service fees will be charged – 2% for Amex/Diners and 1.5% for Visa/Mastercard
  • Booking fees maybe charged as determined by FE, these will be advised before you proceed with a booking.
  • Amendments to bookings will attract a charge of $60 per person per change.
  • Arranging Visas has a fee of $75 per visa in addition to any fees charged by the relevant consulate or embassy and any costs for postage or couriers to deliver the documentation.
  • No cash refunds will be given
  • Cheque payments can only be accepted more than 10 days before final payments are due.
  • Where FE has to provide documentation to support an insurance claim and the insurance was not bought through FE then a $100 fee will apply.

Summary of Obligations

Before making a booking, it is important that you meet the following requirements:

You are over the age of eighteen (18) and have sufficient funds to pay for the travel services.

You have read our terms and conditions and if booking for third parties warrant that you have their authority to do so and have conveyed these terms and conditions to them. You agree to indemnify us and the Supplier against any claims from third parties who have not in fact been properly informed.

You have read the terms and conditions of any applicable Suppliers and agree to be bound by those.

You are responsible for checking the accuracy of all documents provided to you.

You are responsible for confirming departure times of any booked services at least 24 hours prior to travel.

You warrant and acknowledge that you have accessed the Smartraveller website http://smartraveller.gov.au for any specific information in relation to your intended destination.

You accept that passport, visas and other required identification documents are your responsibility

Definitions

“we” and “us” means Focused Expeditions Pty Ltd (ABN 18 211 016 861), and where the context permits, its Consultants.

“Consultant” means an employee of Focused Expeditions Pty Ltd or any other appointed Agent to act on our behalf  with authority to book Products.

“you” means a person who makes a booking for a Product with us.

“your Consultant” means the particular Consultant or

Consultants with whom you negotiate the booking of a Product.

“Supplier” means a third party company or person who provides Products, including a wholesaler of such Products.

“Product” means Tours offered by Focused Expeditions Pty Ltd and related products and services including accommodation, leisure activities and various forms of transport, including packagedcombinations thereof.

“Travel documents” means any document (whether in electronic form or otherwise) used to confirm an arrangement with a Supplier, including (without limitation) airline tickets, hotel vouchers and tour vouchers