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Chasin Tours Terms and Conditions.

(ABN 31924907547)

Tour Operator

Birkdale

Queensland, Australia.

The following Terms and Conditions form the basis of your contract with Chasin Tours. Please ensure you understand and have read them carefully as they set out our respective rights and obligations as you will be bound by them. Once confirming your booking with Chasin Tours (‘the company) (ABN 31924907547), you are agreeing to be bound to these Terms and Conditions.  All services are advertised and sold are subject to the following conditions.  The company reserves the right to update the Terms and Conditions at any time.

Booking Policy

All payments will be taken in Australian dollars, and or equivalent to the Australian currency rate by completing a booking form online.

To secure your spot, a service can be booked with Chasin Tours, by a AU$400 non-refundable deposit, or full payment.  The booking is to be made via the website, unless otherwise stated or you have been in contact with Chasin Tours.  Bookings are to be made using the gateway payment Paypal system at the time of payment.

All payments will incur a fee of $30.

The booking is confirmed once you have received a confirmation from our team.  If you do not receive this within 24 hours, please get in contact via website or via email; [email protected] . You are responsible for ensuring all information is up to date. If you believe there are inaccuracies of data entry on this form, you need to notify us in writing within 3 days of making the booking.

Full payment must be paid no later than 90 days prior to the departure date.  If full payment is not received, we reserve the right to treat your booking as a cancellation.

You should not make any travel arrangements for your trip, until your booking is confirmed and details are correct.

Pricing

All pricing is in Australian currency.  Prices advertised include all on-tour logistics, accommodations, transfers, listed included meals and on-ground tour fees and local staff.  Prices do not include GST, international currency exchange fees, credit card surcharges, flights before or after the tour, optional activities and service charges.

Our service prices are accurate at the time of publishing (September 2019) and will be re-evaluated bi-annually on the 1st of January and the 1st of July of each year.

 We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed trips. We also reserve the right to increase the price of confirmed trips solely to allow for increases which are a direct consequence of changes in:

(i) The price of the carriage of passengers resulting from the cost of fuel or other power sources;

  (ii) The level of taxes or fees chargeable for services applicable to the trip imposed by third parties not directly involved in the performance of the trip, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

  (iii) The exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents) and any other transport providers.

If such changes affect the cost of your tour, Chasin Tours will cover the additional expenses for up to 2%, the rest is to be made by you.   If any surcharge results in an increase of more than 10% of the trip price you may change your tour choice or cancel the booking within 14 days of notification of the surcharge and obtain a full refund.

We endeavour to notify you as far in advance as possible.

Chasin Tours has the right to run promotions and therefore advertise discounted rates. 

If you wish to take advantage of a promotion, you will be subject to cancellation procedures.

Changes of Booking

You are responsible for ensuring all information is up to date. If you believe there are inaccuracies of data entry on your booking form, you need to notify us in writing within 3 days of making the booking.  If there are any changes(details or dates) to be made to the bookings post 3 days of booking confirmation, this is then subject to the Chasin Tours terms.

Changes (dates and names) need to be in written form and can not be made within 30 days of tour departure.  Any extra costs incurred from third-parties involved for making the change will be charged to you along with an administrative fee of $100(AUD). 

Any changes within 30 days of the tour will be subject to our cancellation policy.

If You Cancel the Booking

If you wish to cancel your booking, cancellation fees will apply.  A cancellation will only be effective when we receive written confirmation of your decision.  Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

  • 90 days or more prior to departure, we will retain the deposit or provide options of changes (change fees and terms apply); 
  • Between 60 and 90 days prior to departure, we will retain 50% of the total booking cost; and refund the rest;
  • 60 days or less prior to departure, we will retain 100% paid by you in connection with the booking.

You are strongly advised to take out cancellation insurance at the time of booking which covers the nature of cancellation fees.  

If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.  If you fail to join a tour or join it after departure no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

If We Cancel the Booking 

We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons, including, but limited to; war, threat of war, terrorist activities, threat of terrorist activities, natural disasters, unnatural disasters such as explosions, acts of government, or local authorities, or any similar event which is outside of our, or our suppliers, control and where it is not viable for us to operate the planned itinerary, ‘force majeure’.  

Cancellations will occur if you fail to pay the final balance 90 days before the departure date.

Cancellations, and changes of your travel arrangements, more than 60 days before your departure date, may occur if the minimum number of participants (listed on itineraries) is not being met. 

Philippines minimum  – 6 pax.

Thailand minimum – 4 pax.

If we have to cancel, or make a significant change to your tour, we will tell you as soon as possible, and if there is time to do so before departure, we will offer you the choice of:

  • accepting the changed arrangements; or
  • having a refund of all monies paid; or
  • accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available
  • accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements

We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

Changes of Itinerary

The itinerary provided for each trip is representative of the types of activities contemplated, while we endeavour to operate all trips as described we reserve the right to change the trip activities, which include, but are not limited to; the route, schedules, itineraries, meals, amenities and mode of transport, both before and after the departure dates, due to  unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort..  If such changes occur, you will be notified as soon as viably possible.

The itinerary may be changed (before or after tour departure) as a result of circumstances beyond our control. Force Majuere.

We will do our best to alter the arrangements and include all activities, of equal value, in our itinerary or offer an alternative trip if available. Will not be liable to refunds or other travel arrangements as a result of necessary changes to itineraries, transport and/or accommodation.

If any major changes (affects 1 in 5 days) are made by Chasin Tours, within their control, before departure date, you will have the option to accept the change or; change your tour and pay/ receive differences in costs.

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. 

We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

Insurance

Adequate travel insurance is compulsory for all Chasin Tours services.  If you fail to provide proof of your insurance, you will be refused entry for the product and or service. 

It is advised to purchase coverage at the time of booking, across all dates for your time away.  Ensure that you are covered for at least emergency medical expenses, personal injury, evacuation, repatriation.  It is strongly recommended the coverage also includes cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience that may occur to you, as a result of loss, damage, injury, delay or inconvenience while traveling.  Chasin Tours shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Chasin Tours is not responsible for, and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used on tour, such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. 

You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and by Chasin Tours. You are required to obtain separate coverage at an additional cost. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

Travel Documents

It is your responsibility to be in possession with the correct documentation and its validation for your travel arrangements.  These travel documents include, but are not limited to; a valid passport, all appropriate visas, health/ medical certificates, insurance policy and permits for the given country you are travelling in.  It is advised to travel with a copy of all such documentation.

You must have a passport that is valid for 6 months after the last date of your travel arrangements. You accept full responsibility for obtaining all such documents prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation.

Chasin Tours will not accept any responsibility or liability if you are denied boarding, entry, participation or are held for not being in possession of the correct documentation.

Chasin Tours is not liable for any additional costs incurred by you in relation to obtaining these documents and/or for being denied entry, boarding, participation or held for any reason.

Chasin Tours can only provide advice for such documentation. You should seek professional advice from your consulate or embassy.

Health & Medical

Chasin Tours does and will not provide any medical advice.

It is your responsibility to consult with a health professional to ensure they are physically fit enough for the nature of the tour and its associated physical activities.   You are the best judge of their own condition and limitations, and you acknowledge that it is incumbent on yourself to fully disclose the extent of any conditions or limitations.  You understand that you are under a duty to inform Chasin Tours at the time of the application of any medication requirements, allergies and other physical or mental condition or limitation that might disable or render them unable to perform or safely complete any part of the tour.  You understand that you are required to notify Chasin Tours of any changes to your medical conditions, post booking confirmation.

It is your responsibility to seek professional advice from a physician, on the potential risks and physical and mental demands of the tour and any vaccinations and medical precautions that may be required.  It is your responsibility to notify the physician of the locations visited whilst on tour, in accordance with the itinerary you recieve with confirmation of booking.

The condition of medical facilities in the countries you may visit on your tour varies and Chasin Tours makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

If an incident occurs, you will be required to complete an incident report form.  Chasin Tours shall not in any event be held liable for any consequence arising out of your failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the tour.

Limitations of Liability 

Chasin Tours makes arrangements with a network of third-party suppliers (companies, government agencies and individuals) to provide you with some or all of the components of your booking.  

We cannot be held responsible for any personal injury, death, damage, loss, accident, or delay as a result of failure of any third-parties. 

Chasin Tours is not liable for any airfares purchased by third-party travel agents or clients if a tour is cancelled. Chasin Tours cannot be held responsible for airfare conditions. All  such risk, loss and expense must be borne by the travel agent or client.

Acceptance of Risk

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk to your safety over and above that associated with a conventional trip. 

The tours will visit places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. Chasin Tours uses information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. 

However, it is also your own responsibility to familiarise yourself with all relevant travel information and the nature of your itinerary. 

You acknowledge that there will be varying levels of risk whilst on tour and that you participate in such activities at your own risk.  These risks can include, but are not limited too: physical activities, participation of environmental volunteer works (beach cleans), travel to remote locations, carriage by watercraft, participation in “extreme sports” (kayaking, snorkelling, bike riding) or other high-risk activities, and/ or travel to countries with developing infrastructure.  The level of hygiene standards may also vary from your day to day normalities. 

When such activities, carrying risk, are underway, Chasin Tours will warn you and provide a brief safety outline.  It is your responsibility to protect yourself by the use of outdoor protective gear.  Where necessary, Chasin Tours will provide you equipment, outside of personal protective gear, ie gloves.

Local laws and customs will be different to those in your home country. You are responsible to familiarise yourself with, and respect, local laws and customs and behave accordingly to not offend customs, especially in religious areas. Chasin Tours has no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements.

By booking with Chasin Tours, you acknowledge and accept the risks of such travel, and do so at your own risk. You will be required to sign a disclaimer upon the start of your tour.

Optional Activities

Chasin Tours is not liable for any activity that you have chosen to do outside of the tour itinerary.  The contract for that activity will be between you and the activity provider and you partake in such activity at your own risk. Chasin Tours are not responsible for the provision of such activities or for anything that happens during the course of its provision by the activity provider.

Photos and Marketing

By booking a tour with Chasin Tours, you consent to allow us to use images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.  Such images will not be indecent and will only be of such in public view.

Conduct

Chasin Tours seeks to provide a fulfilling experience for both you, the traveller, and the people we work with.  All tours will be run by a group leader, who has authority over the group and makes the final decision on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. You must at all times comply with and respect the local laws, customs, partnering organisations, foreign exchange and drug regulations of country.

We reserve the right to ask anyone who is deliberately not complying, or causing trouble, to leave the group. In the event you are asked to leave the tour, no refund will be given.

You will be required to sign a Code of Conduct upon start of the tour.

Complaints and Feedback

You agree to bring any complaints directly to the tour leader  as soon as possible in order to provide us with the opportunity to properly address such complaint.  Chasin Tours assumes no liability for complaints that are not properly brought to the attention of the leader and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a tour must be addressed in writing to Chasin Tours within 30 days of the last day of the tour.

Chasin Tours values constructive criticism and feedback, to allow us to better the experience and to increase awareness of our tours.  Feedback forms at the end of each tour will be provided.

Privacy

Refer to Privacy Policy

Own Corporation

Chasin Tours is its own corporation entity. It is not partnered with any other tour group or company service. There is no vouchers, coupons, gift cards or discounted bookings that will be made through a third party website or service.  Chasin Tours reserves the right to alter just terms at any time.

Australian Law 

There are a number of Australian laws pertaining to fair trading and privacy including the Trade Practices Act 1974 and the Commonwealth Privacy Act 1988 (with Amendments in 2000). For more information on Australian legislation please click HERE. Dispute resolution services are also available in each Australian State and Territory.

Personal Data Processing Principles

Data sourced in the EU

1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex A or subsequently authorized by the data subject.

2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.

3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.

4. Security and confidentiality: Technical and organizational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.

5. Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organizations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organization may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.

6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under Directive 95/46/EC.

7.Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to ‘opt-out’ from having his data used for such purposes.

8. Automated decisions: For purposes hereof ‘automated decision’ shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:

a.

i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and 

ii. the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties; 

or

b. where otherwise provided by the law of the data exporter.