TERMS & CONDITIONS

The following terms and conditions (‘booking conditions’) form the basis of your contract with Captains Choice Pty Ltd ACN 063 895 876 (‘Captain’s Choice’, ‘we’ or ‘our’). Please read them carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions, that you agree to them and that you agree to them applying to your holiday arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conditions to your ‘holiday package’ are references to the tour or cruise package you have booked with Captain’s Choice. References to ‘excursions’ are references to short trips or tours included or available as part of your holiday package. If you are in New Zealand, the legal entity you are dealing with is Australia Pacific Touring (New Zealand) Ltd.

Governing Law

These booking conditions are governed by the law in force in Victoria, Australia.

BEFORE YOU BOOK

Prices, Deposits, Discounts & Payments

Your booking price will be set out in the brochure unless it is varied by advertising or a special offer, or is changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. Generally, a $4,000 security deposit per person, per holiday package, is required at the time of the booking, but may vary depending on your chosen program. Deposit requirements may vary when booking a special offer, a higher category suite or cabin and for some single supplement arrangements. Final payment of the balance of your holiday package price is due 4 months (120 days) prior to departure. Captain’s Choice reserves the right to cancel any ticket, or booking, or to refuse to carry any passenger where payment has not been received by Captain’s Choice within the specified time. All fares and charges are in New Zealand currency. Payment in full is required at time of booking for reservations made less than 4 months (120 days) before departure from Australia or New Zealand. If Captain’s Choice is unable to confirm your reservation, all monies will be refunded.

Included in Holiday Package Price

All travel, travel insurance, accommodation, airfares (if indicated in individual itinerary), gratuities, transfers, sightseeing, specified excursions, meals, admissions, port charges, taxes, and the services of a Tour Manager as stated in your itinerary.

Transfers

Airport transfers are included on arrival at, and departure from your destination at designated times, unless otherwise stated. No refund will be given for unused transfers. Transfers cannot be re-routed to other pick up points or destinations. Should the selected airline offer airport transfers, these will be utilised subject to airlines terms and conditions. Passengers who miss the pre-booked transfers must make their own way to/from the ship/hotel at their own expense. Some holiday packages include group transfers from or in between airports/hotels/ships and vice versa. A group transfer is generally a shared transfer departing at a set time and the type of vehicle used will normally be dependent upon the size of the group.

Home-Airport-Home Transfers

Are included on all Captain’s Choice tours, when booking within a radius of 60 driven kilometres from the nearest domestic or international airport. For journeys over 60 kilometres there will be an additional charge per car per kilometre. Should the selected airline offer home-to-airport transfers, these will be utilised subject to airlines terms and conditions. No refund will be given for unused transfers. Passengers who miss the pre-booked transfers must make their own way to/from the airport at their own expense. This service is only available for departures from mainland New Zealand.

Not Included in Tour Price

Passport and visa charges, vaccinations and suggested on-tour medications, items of a purely personal nature (laundry bills, bar bills, phone calls, etc), expenses incurred for items purchased away from group tour (meals, tours, transport, etc), excess luggage, insurance for extensions to travel dates/pre-existing medical conditions/age loading fees, arrival and departure transfers (for cruise and land only guests), plus any other items not mentioned in this brochure. Your World experiences are included unless otherwise indicated but may be limited by capacity.

Gratuities

Have been included for all services as indicated in the itinerary on all Captain’s Choice tours and cannot be redeemed for a cash refund.

Twin or Double Rooms

Accommodation in all hotels, regardless of the rating, is in standard rooms (sometimes named superior/deluxe) based on twins or doubles unless otherwise stated.

Solo Travellers

A limited number of single rooms/suites/ cabins may be available by request at the time of booking your holiday package. We will guarantee to arrange for single travellers to share a room in hotels only to avoid incurring additional costs. We may accommodate a smoker and a non-smoker together, in this instance the room provided will be a non-smoking room. If preferred, a single room supplement price is offered if you wish to have single room occupancy.

Passengers Needing Special Assistance

Captain’s Choice welcomes passengers with disabilities or special needs provided they are accompanied by a companion capable of providing all necessary assistance. Any disability or medical condition requiring special attention must be reported to Captain’s Choice at the time of booking. A Fitness Activity Statement will be sent to you with your invoice at the time of making your reservation. This statement must be completed and returned to Captain’s Choice to confirm your reservation. Captain’s Choice is not liable for any injury, illness, or loss of enjoyment which could have been reasonably prevented had we been made aware of a pre-existing condition and been provided an opportunity to review it. We will not be responsible for any costs associated with cancellation penalties or the return of passengers from a tour, and a refund for lost touring cannot be claimed. Captain’s Choice will make reasonable efforts to accommodate the special needs of disabled passengers, but is not responsible for any denial of services by carriers, hotels, trains, restaurants or other independent suppliers, or for any additional associated expenses. Wheelchairs and walkers cannot be carried on coaches, due to space limitations. Captain’s Choice is unable to provide individual assistance to any passenger for walking, dining, boarding or alighting coaches or other transportation vehicles or other personal needs.

Health & Fitness

A good level of fitness and health is required to participate on a Captain’s Choice holiday package. In some destinations there are extensive sightseeing excursions by foot, which can include climbing of stairs and walking on uneven surfaces. Mobility is needed boarding or alighting coaches, cruise ships and trains. We recommend a visit to the doctor and dentist before travelling to overseas destinations. It is your responsibility to advise Captain’s Choice of any pre-existing medical conditions that may affect the normal conduct of a holiday package and the enjoyment of other passengers. A doctor will travel with the group for the duration of the tour. A doctor may or may not accompany Your World experiences. The doctor is an independent registered medical practitioner who is available to provide immediate but limited medical attention to tour guests should the need arise. The doctor carries his or her own independent professional indemnity insurance and carries a limited amount of medical supplies. Captains Choice Pty Ltd is not responsible or liable for any advice or treatment that may be provided by the doctor, or any failure on the part of the doctor to fully diagnose or treat any medical injury or condition which may arise or be identified during the course of the tour. Due to exclusions in professional indemnity insurance, Australian doctors are unable to provide medical services whist travelling in the United States or its territorial waters. In lieu, the Tour Doctor will assist in arranging local medical services during this time. You are responsible for all charges that result from visiting a medical facility, or for a medical practitioner, other than the Tour Doctor visiting you. Captain’s Choice is not responsible for the type or quality of the medical services you may receive. A Fitness Activity Statement is available on our website.

Visa & Passports

All passengers must have a passport that is valid for at least six months after the holiday package return date. Passengers are solely responsible for meeting necessary passport requirements and paying all associated costs. Details of visa requirements and applicable application forms will be sent to you by Captain’s Choice approximately 16 weeks prior to departure. Captain’s Choice will lodge your applications and endeavour to obtain the required visas on your behalf (at an additional cost).

Excursions

The timing of the excursions on all holiday packages may differ slightly for each package. The published times are a guide only, and are subject to change without notice. It is impossible for large coaches to be used for some city sightseeing excursions and many towns and cities will be visited by way of walking tours. Clients must be able to climb ramps to embark or disembark cruise ships. Depending on river levels, these may have a number of steep steps. Holiday packages may include time in high altitude regions.

Your World Experiences

Minimum and maximum group numbers apply on some Your World experiences. If your first choice of option is not available you may be asked to choose an alternative.

Public Holidays & Festivals

Virtually all countries have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays may result in a reduction of facilities and entertainment.

Late Bookings & Special Offers

Late booking promotions and special offers do not apply to existing bookings unless otherwise stated.

BOOKING & PAYING FOR YOUR HOLIDAY 

Airfares 

Air travel is arranged with independent airlines. Captain’s Choice will arrange air travel as advertised in connection with your holiday package. All airfares are subject to flight and booking class availability. Airport taxes vary for each departure point and routing. Airline schedules are subject to change without notice. There are occasions when airlines change their schedules and this may affect the operation of the tour. If an airline schedule change occurs Captain’s Choice cannot be held responsible, but we will endeavour to find the most suitable connection according to the original itinerary. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes, voluntary date and schedule changes will incur fees. Captain’s Choice is not liable for delays or disruptions of air travel, or consequential costs associated with air travel. Internal flight connections are in Economy Class unless specified. Once tickets are issued Captain’s Choice will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.

Out of Date Range Flights

If airlines have not published their schedule at the time this brochure was printed, or at the time of booking, Captain’s Choice will estimate the cost of airfares connected with your holiday package. When the airline releases flight inventory and airfares, Captain’s Choice will confirm seats and pricing to you by sending you an updated invoice.

Travel Insurance

The price of your package includes travel insurance underwritten by Dual Australia Pty Ltd ACN 107 553 257, AFS license No 280193 on behalf of underwriters at Lloyds. Travel insurance is provided for guests up to and including 90 years of age, subject to meeting the requirements of the insurer, and is valid for 35 days. Any information provided in this brochure is general and does not consider your objectives, financial situation or needs. A summary of the travel insurance will be sent to you. The Product Disclosure Statement is available from our insurance brokers, MCA Insurance Brokers, email: travel@mcains.com. If you choose to make alternative arrangements the tour price will be reduced by the amount of the policy. You are required to advise Captain’s Choice of your alternate insurance arrangements prior to making your payment. Certain pre-existing conditions are not covered under this policy. For details in relation to these exclusions please enquire for details.

Travel Information & Documents

After booking, you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Tickets, final itineraries, detailed travel information and a list of passenger names and suburb of residence will be forwarded to you approximately two weeks prior to departure. If you do not wish your name to appear on the passenger list, please advise your tour consultant at the time of booking.

Special Requests

Where a special request (eg diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. Captain’s Choice will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. Captain’s Choice will also pass on any dietary requests to the airline, but we strongly recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted, passed on to the supplier, confirmed on your invoice or any other documentation, is not confirmation that the request will, or can, be met. Unless and until specifically confirmed, all special requests are subject to availability.

Credit Card Surcharges

If you pay your final balance by credit card, credit card surcharges of between 1% and 3% will be added to your remaining tour price.

Use AMEX points to pay

You can use your AMEX Membership Reward Points to pay for part or all of your tour. You can even use points to pay for your deposit. $100 of travel = 10,000 points.

IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY

Changes or Additions to Your Holiday

If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change but it may not be possible. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of the change. Cancellation Policy For all holiday packages in this brochure, the following Captain’s Choice cancellation fees apply:

Days of Notice: 
Fee Per Person 
120 days or more Loss of deposit 
Less than 120 days 100% of holiday package price

All cancellations must be received in writing by Captain’s Choice and are not effective until this notification has been received. If your holiday has commenced, 100% of the full holiday package price is charged. There is no refund for unused services, or if portions of the holiday package are missed. Additional cancellation fees may also be charged in respect of accommodation reserved outside the holiday package dates. These cancellation fees are in addition to any fees that may be levied by Captain’s Choice. You acknowledge that the amounts estimated under the Cancellation Policy are reasonable and represent a genuine pre-estimate of loss to Captain’s Choice and are otherwise reasonably necessary to protect the legitimate interests of Captain’s Choice.

Cancellation of Airfares

Scheduled airlines normally regard name changes and changes to departure dates as a cancellation and rebooking may attract a cancellation fee. Applicable cancellation fees may amount to 100% of the airfare.

IF WE CHANGE OR CANCEL YOUR HOLIDAY

Captain’s Choice endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as airlines, hotels etc, over whom we have no direct control. On occasions changes do have to be made, Captain’s Choice reserves the right to cancel or amend holiday packages/excursions accordingly. All tours require a minimum number of bookings in order to be financially viable and to have a pleasant group atmosphere. In the event adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and offer an alternative tour (or a refund of the monies paid for arrangements made by Captain’s Choice).

Brochure Accuracy

Captain’s Choice has endeavoured to ensure that the information given in this brochure about accommodation, itineraries etc, is correct at the time of going to print. However, advertised descriptions, facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes in the brochure are given for guidance only as there may be changes. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described in the brochure as a result of local conditions, weather conditions and annual events. Captain’s Choice will endeavour to notify you of any significant changes prior to your departure.

Flight Changes

The flight timings shown in our brochure, on our website and detailed on your confirmation invoice are for guidance only, and are subject to alteration and confirmation. Flight timings are set by airlines and could be affected by events outside our control. Scheduled and charter flight timings and days of operation are also subject to change. Captain’s Choice will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees, except where specified in these booking conditions.

Force Majeure

Force Majeure means the occurrence of an event that is beyond Captain’s Choice’s reasonable control and which could not have been reasonably prevented by Captain’s Choice, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, bylaw, declaration, licence and the common law as applicable from time to time.

Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure

If Captain’s Choice, in its reasonable opinion, considers that any Force Majeure event prevents Captain’s Choice (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Captain’s Choice may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.

Limitation of Liability in the Event of Force Majeure

In the event that Captain’s Choice cancels or changes your travel arrangements in any way due to a Force Majeure event, Captain’s Choice will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Captain’s Choice is not liable to refund any part of the deposit or purchase price paid by you if Captain’s Choice subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond Captain’s Choice’s control. Travel insurance is required to adequately protect yourself against these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Captain’s Choice based on expected non-recoverable costs and expenses to be incurred by Captain’s Choice, including but not limited to overhead expenses and works or services performed personally by Captain’s Choice, leading up to the commencement of the holiday package, alternatively prior to the Force Majeure event.

ON HOLIDAY

Local Purchases

Captain’s Choice is not responsible for any items you may purchase locally ie jewellery/furniture etc. You acknowledge that you are solely responsible for any import duty or freight costs.

Personal Belongings & Lost Items

For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, electrical or battery operated appliances, as well as basic essentials such as a change of clothing and toiletries. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.

Disruption to Tour & Itinerary Arrangements

Itineraries are intended as a guide only, and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes or other reasons beyond Captain’s Choice’s reasonable control. If conditions render any routes unsafe for navigation, Captain’s Choice reserves the right to provide alternative services including, but not limited to substitute land arrangements. Under normal conditions, itineraries will operate as far as possible as detailed in this brochure. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. Captain’s Choice will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary.

ON RETURN FROM YOUR HOLIDAY

Data Protection Policy

Your personal data may be passed on by Captain’s Choice to any relevant independent suppliers, government/public authorities such as customs, immigration and the security services connected with your holiday package. All personal data you give us (including sensitive personal data) will be kept. Credit card details are not retained. We will use only names and contact details for marketing purposes, unless you notify us that you do not wish to receive future marketing material by writing to Captain’s Choice, Level 4, 1230 Nepean Highway, Cheltenham, Victoria 3192, Australia. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy.

GENERAL INFORMATION

Limitation of Liability

1. Our holiday packages include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of Captain’s Choice. Although we take care in selecting the independent service providers, and the optional excursions conducted by some independent service providers, Captain’s Choice is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.
2. If, in the opinion of any representative of Captain’s Choice, your mental or physical condition is such as to affect your own health and safety, render you incapable to care for yourself, cause you to became a hazard to yourself or other passengers, or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from the tour or cruise. Captain’s Choice is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package.
3. Captain’s Choice accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.
4. Any term, condition or warranty express or implied by statute or otherwise in respect of the holiday packages contained in this brochure are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.
5. To the full extent permitted by law, Captain’s Choice’s liability arising under or in connection with these booking conditions: (a) is limited to the resupply of the products or services or the payment of the cost of resupply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Captain’s Choice in respect to any monies paid to your travel agent, unless and until Captain’s Choice notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Captain’s Choice. Captain’s Choice reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Captain’s Choice within the specified time.

Responsible Service of Alcohol

Where staff are responsible for service of alcohol, they are obligated by law to refuse service to any guest who, in their reasonable opinion, appears to be or is intoxicated, or behaves in an aggressive or offensive manner.

Medical Assistance

You are responsible for all charges that result from visiting a medical facility, or for a medical practitioner, other than the Tour Doctor, visiting you. Captain’s Choice is not responsible for the type or quality of the medical services you may receive.

Captain’s Club

Details including the range of benefits are available on our website at: captainschoice.com.au.

Smoking

For other passengers’ comfort there is no smoking on coaches or cruise ships, except in designated areas. All sectors of trains, buses and confined areas are non-smoking. Most flights are now non-smoking in accordance with international agreements.

Service Enquiries

If a problem occurs during your holiday you should, in your own interests, advise your tour manager so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Captain’s Choice within 30 days.

Luggage Limits

Each airline has policies relating to luggage limits and category of seat. Additional charges may apply for excess luggage.

Photo/Video

Photographs or videos of the tour may be taken, which may be used for promotional purposes. If you submit photographs to be included on the group’s DVD of images we reserve the right to publish them in future promotional material. Completion of your registration/ booking form and acceptance of documents indicates your acceptance and release for this material to be used for promotional or resale purposes.

Captain’s Choice is proud to hold the ATAS accreditation. The AFTA Travel Accreditation Scheme (ATAS) is an industry accreditation scheme that sets the benchmark of quality for the travel industry. ATAS accreditation #A11188

CAPTAIN’S CHOICE COLLECTION

Captain’s Choice offers a number of unique travel experiences. Visit captainschoice.co.nz for more details or to download a brochure.

Reservations may be made with:

Captain’s Choice, Level 4, 1230 Nepean Highway, Cheltenham, Victoria 3192, Australia. Telephone: 61 3 8526 2300. Fax: 61 3 8526 2351. Freecall: 0800 650 740 within Australia.