tERMS & CONDITIONS
1. (a) These terms and conditions (“Conditions”) form the basis of the contract between You and The Funtastic Tour Company (“We”,“Us” or “Our”)(“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. By agreeing to participate in a tour arranged by Us, You are deemed to have accepted these terms and conditions in full.
(b) Completion of the booking form, together with the passenger’s signature, verifies acceptance of these terms and conditions.
Fares and Booking Confirmation
2. (a) Day Tours require full payment upon booking unless otherwise stated.
(b) Holiday Escapes require the necessary deposit to be paid in order to secure your seat.
(c) All prices are quoted in Australian Dollars, include GST and compulsory taxes where applicable. Please check the exact price of your tour at the time of booking. Airfares are based on the most direct route and are subject to class availability and any new Government taxes. Airline schedules are subject to change which may affect joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including overnight accommodation and transfers are at passenger’s expense. Rail prices are subject to change from time to time. All prices are valid subject to Government, hotel, fuel surcharges and currency fluctuations.
3. (a) If You pay Us by credit card, a 2% surcharge will be added. There is no surcharge for payments made by cheque or direct transfer to our nominated bank account.
4. (a) If cancelled within 48 hours, all Day Tours are 100% non-refundable.
(b) If more than 48 hours notice is given for a Day Tour, any costs incurred by The Funtastic Tour Company will be non-refundable.
(c) Airfares, Cruise and Rail Fares are non-refundable and non-transferable. We recommend that you take out appropriate travel insurance to cover such cancellation fees at the same time You pay your deposit.
(d) Sole Use rooms attract a single supplement and we do not offer ‘willing to share’ services.
(e) If booking is made as a twin share and one passenger cancels, then the party who is still travelling will be required to pay the single supplement.
5. With regards to Holiday Escapes, The Funtastic Tour Company charges the following cancellation fees, plus a $50 administration fee, on top of all non-refundable monies already incurred:
(a) Cancellation 89-61 days before departure – 25% of fare.
(b) Cancellation 60-15 days before departure – 50% of fare.
(c) Cancellation 14 days or less before departure – 100% of fare.
6. Twin share prices are per person unless otherwise stated.
Limitation of Liability
7. Our products include the services of operators, such as hoteliers, airlines, coach companies and other operators who are not agents, servants or employees of The Funtastic Tour Company. Although we take care in selecting the operators of services and optional tour excursions, we cannot and do not take responsibility for the conduct of the operators, their servants and agents, or for any ramifications of that conduct. Some third-party suppliers may require passenger contact details in order to fulfill dietary/medical requirements. The Funtastic Tour Company is obligated to offer this information unless advised by the ‘passenger/s’ not to do so.
8. The Funtastic Tour Company has a Passenger Code of Conduct and, as such, The Funtastic Tour Company representatives/crew or any carrier reserves the right at its discretion to exclude from a tour, or to terminate the travel arrangements of, any person during the course of the tour without refund, or anyone who:
- is incapable of caring for themselves without a minder/carer;
- is unable to cope with the requirements of the tour or who may need or require services or facilities that are not available;
- fails to comply with the reasonable instructions of The Funtastic Tour Company crew;
- engages in illegal or undesirable behaviour or interferes with the enjoyment of or jeopardises the safety of other passengers;
- is a hazard to themselves or other passengers; and/or
- is likely to become objectionable to other passengers, The Funtastic Tour Company staff and/or third-party suppliers.
Anyone so excluded will be required to disembark at a safe public location, transport from which will be wholly their responsibility. You agree that The Funtastic Tour Company is released from all liability for, and You agree not to hold The Funtastic Tour Company responsible for, termination of your travel arrangements in accordance with the previous condition, or any decision made by The Funtastic Tour Company or by any service provider who refuses to provide You with special accommodation facilities or services that are not available or who refuses to carry You by reason of any disability or medical condition.
9. The Funtastic Tour Company accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control. This includes participation in environmental activities and/or events.
10. Any term, condition or warranty express or implied by Statute or otherwise, for the products and/or services is excluded to the full extent omitted by law. However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Commonwealth) as amended, consolidated, supplemented or replaced.
11. To the full extent permitted by law, The Funtastic Tour Company’s liability arising under or in connection with this booking contract:
(a) Is limited to the re-supply of the products and/or services or the payment of the cost of the re-supply of the products and/or services to You; and
(b) Excludes liability for any indirect or any consequential losses suffered by You or any third party, however caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to You or any other party.
Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure
12. If The Funtastic Tour Company, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, the subject of the booking contract to You, We may immediately by written notice:
(a) Terminate the booking contract (in whole or in part); and/or
(b) Change your travel arrangements as reasonably practicable to ensure your safety and invoice You for any additional costs of performing this service as mentioned above.
Limitation of Liability in the Event of Force Majeure
13. In the event that we cancel or change your travel arrangements in any way due to a Force Majeure event, we will not be liable to you in contract, tort, statute or restitution of 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 of travel arrangements; and/or
(b) The Force Majeure event.
For the avoidance of doubt, we are not liable to refund any part of the deposit and/or purchase price paid by you if we subsequently change or cancel your travel arrangements in connection with a Force Majeure event. World weather patterns, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond our control. It is your responsibility to purchase adequate comprehensive travel insurance to protect yourself against these risks.
14. The Funtastic Tour Company arranges tours on the condition that it is not liable for any damage, injury or loss which may occur due to accident, delay, irregularity or defect of any vehicle, vessel or accommodation.
- Airfares as part of your package holiday inclusions are provided in economy class and The Funtastic Tour Company cannot be responsible for seating allocation.
- Where a coach belonging to The Funtastic Tour Company is specified as the vehicle for your chosen tour, please be advised that if the vehicle was not available due to unforeseen circumstances, The Funtastic Tour Company has the right to replace the vehicle with their chosen supplier, and the same on-board facilities may not be available.
15. The tour itinerary is a guide only, and although We will make every reasonable effort to adhere to the program, We reserve the right to make any alterations as necessary. Alterations may come about due to tidal or weather conditions, strikes, public holidays, local festivals, renovations and/or upgrades or other reasons. Any additional expense incurred by the passenger is not our responsibility. We can give no guarantee of the exact arrival and departure times for carriers and operators used by Us on the tour, and will not be liable for failure to make connections with other services or attractions beyond its control.
16. The operation of each tour is subject to a minimum number of guests wishing to travel on that tour.
17. Luggage restrictions may vary depending on tour type and destination. As a general guideline, luggage should not exceed 20 kilograms per person.
18. The Funtastic Tour Company’s hostess is on tour for companionship, guidance and assistance to coach captains. All Our tours are escorted subject to a minimum loading of 20 passengers. If the tour runs with fewer than 20 passengers, the coach captain may take on both roles of tour host and driver.
19. All accommodation is twin share unless stated otherwise, however, we cannot be actively involved in seeking someone for you to share with. Single rooms may be available for an additional fee; however, The Funtastic Tour Company gives no guarantee that sufficient (or any) single rooms will be available on any given tour.
20. The information presented in Our brochures is to the best of Our knowledge correct at the time of publication. However, changes beyond Our control may occur with respect to prices, itineraries, duration of holidays, standard of services and tour content. Surcharges may apply. Every effort is made to ensure brochure accuracy at the time of going to print, and The Funtastic Tour Company cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.
21. Please advise The Funtastic Tour Company of any special dietary requirements at least 14 days before departure. Note that this will be on a request basis only, as The Funtastic Tour Company cannot guarantee the availability of special meal types.
Health and Fitness/Activity Level
22. Passengers of The Funtastic Tour Company must be able to meet the following activity level requirements:
- Participate in guided or unguided small walking tours at a relaxed pace
- Walk on mostly level ground
- Tackle an occasional flight of stairs or incline
- Stand for 15 minutes, without needing to sit down
- Get on and off transportation unaided
- Manage Your own luggage
23. We do not, nor are We required to, provide carers or assistants for those with reduced mobility or other health needs. It is Your responsibility to arrange for such a carer if so required. Any such carer will pay the full price of any tour.
24. In particular, hostesses, tour guides, coach captains, and Your fellow passengers will not act as assistants or carers in these circumstances.
Seat Allocation on Holiday Escapes
25. To ensure the enjoyment of all passengers, and to enable You to get to know your fellow travelers, We encourage a daily seat rotation system in which all passengers are encouraged to participate – once COVID-19 restrictions are totally lifted.
26. If a problem occurs during Your tour, please advise Your hostess or coach captain as soon as possible, so that steps can be taken to resolve the matter. If for any reason You remain dissatisfied, any complaint must be made in writing to Us within thirty (30) days of the last day of the tour.
27. As well as the matters previously referred to in these Terms and Conditions, The Funtastic Tour Company is not liable for lost or damaged baggage and personal property. We strongly recommend that You take out fully comprehensive travel insurance with a reputable insurer at the same time as paying Your deposit.
28. It is important to keep up to date personal contact information whilst on tour. This information will be accessed by The Funtastic Tour Company’s staff in the event of an emergency.
30. You agree that The Funtastic Tour Company representatives or third-party suppliers may take photographs and films of You while You are on tour and that these may be used in Our promotional material and/or online without obtaining any further consent or payment in respect of such photographs and/or films. Close-up photos will not be used without Your specific permission. You consent to us using comments listed in surveys for The Funtastic Tour Company promotional purposes.