Rail Holidays Australia - Terms and Conditions

The terms & conditions and limitation of liability under which all tours & Rail Holiday Packages that are organized and/or operated by Rail Holidays Australia are detailed hereunder and the payment of the tour deposit or tour price represents acceptance by the purchaser of the following:

DEFINITIONS

  1. “Agreement” means the terms and conditions set out in this clause and the succeeding clauses and the Confirmation letter.

“Confirmation Letter” means the letter of confirmation service provided. “Service Fee” means that part of the Price which does not relate to the charges of Suppliers. “Services” means the booking and packaging of travel and accommodation provision with respect to the Tour or Rail Holiday package. “Supplier” means any supplier of travel or accommodation which forms part of the Services. “Tour” means the travel event described in brochure.  “Rail Holiday Package” means the travel event described in the brochure or confirmation letter. “Us”, “We”, “Our” and other related expressions means Rail Holidays Australia Pty Ltd (RHA) ACN 167 415 205 and includes our employees and authorised agents.   “You”, “Your” and other related expressions means the customer entering into this Agreement with Us and set out in the confirmation letter.

 

AREEEMENT TO THESE TERMS AND CONDITIONS

  1. By signing this Agreement or ticking the box on the electronic booking form on the website, you accept that the Services and Tour will be provided on the terms and conditions of this Agreement.

CONDITION PRECEDENT

  1. We may cancel the Tour and refund the moneys You have paid if We do not achieve the minimum number of necessary bookings. This decision will be made in Our absolute discretion.

 

YOUR WARRANTIES

  1. You warrant that:

(a)            You are over the age of 18 years and have sufficient funds to pay the Price.

(b)            You have read these Terms and Conditions and those of the Suppliers and have understood them; and

(c)            You have checked the accuracy of all documents provided to You.

PRICE AND PAYMENT

  1. The Price is inclusive of GST and is as set out in confirmation letter.
  2. The Price may include a Service Fee
  3. Unless otherwise agreed in writing, You must pay to Us the Deposit payment by the due date advised in the confirmation letter. We cannot guarantee You a place on Tour or Rail Holiday Package beyond that date if the Deposit has not been paid.
  4. The Final Payment required by confirmation letter. If the Final Payment is not made by the required date, then We may terminate this Agreement and retain the Deposit.
  5. Times of payment are calculated from when moneys paid have “cleared”.
  6. Credit card Payments are accepted via RHA website Link using Travel Pay credit card payments processing company which may result in You incurring additional fees.

SUPPLIERS

  1. We act as Your agent in booking travel and accommodation arrangements with Suppliers, including those set out in confirmation letter. Once these bookings have been made You have a contract with the Supplier and the provision of those services to You by the Supplier will be subject to the Supplier’s terms and conditions. You should make yourself familiar with any Supplier’s terms and conditions before these bookings are confirmed. We are not responsible for any acts or omissions of the Suppliers.
  2. We may receive fees, commissions, gifts or financial incentives from Suppliers.
  3. Prices are subject to change at the discretion of a Supplier and is beyond Our control. Generally, prices are fixed only when the Price has been paid in full.
  4. We are not responsible for the performance of Suppliers or for any claims they may have made about the services they provide.

Any claims relating to the provision of Services by Suppliers must be made upon the Supplier solely.

CHANGES TO THE TOUR

  1. We may make changes to the Tour if:

(a)            One or more items in the itinerary are no longer available.

(b)            Required by a Supplier.

(c)            In order to conform with any applicable safety or other statutory requirements; and

(d)            The changes We propose do not materially affect the quality of the Tour.

In such instances Where possible, we will notify You before We make any changes to the Tour itinerary.  We will also notify You of any increase in Price which arises by reason of the change to the Tour itinerary.  If You are notified of any increase in Price:

(e)            Before the Tour commences You may:

(i)             Terminate this Agreement and We will refund any tour Deposit paid; or

(ii)            Accept the changes to the Tour itinerary and the Price

(f)            After the Tour commences unforeseen changes may occur. In these instances, You will be advised & consulted including any financial implications. You will not be entitled to any refund of the price.

HEALTH GUIDELINES

  1. (a) We may require that You complete and submit to Us a Health Declaration when joining the Tour. We may exclude You from the Tour if We are concerned that You may not be able to meet the physical requirements of the Tour or if You have been exposed to infectious health conditions or are showing symptoms of them. If You are not to be excluded from the Tour You must provide Us with information about You from Your medical practitioner in a form acceptable to Us which alleviates these concerns. If We have to exclude You from the Tour on this basis – Normal Cancellation policy will apply.

(b)           A good level of fitness and health is required to participate on our tours. In some of the destinations, there is extensive sightseeing on foot and climbing of stairs, and good mobility is needed getting on/off coaches, boats and, in places, trains. It is your responsibility to advise Rail Holidays Australia of any pre-existing medical conditions and/or dietary requirements that may affect the normal conduct of a trip and the enjoyment of others while on tour.

  1. If during the Tour You become ill such that You cannot meet the physical requirements of the Tour or if You have been exposed to infectious health conditions or are showing symptoms of them We cannot allow You to continue with the Tour. Whilst We will assist You with alternate accommodation and travel arrangements, this will be at Your cost and You will not be entitled to any credit or refund of the Price.

LUGGAGE

  1. You must observe any luggage limitations set out in Travel Documents. If not, Your luggage may be refused.

 

TERMINATION

  1. We may terminate this Agreement and cancel the Tour due to adverse weather events or other events beyond Our control.

REFUNDS

  1. Refunds of the Price will be in Our absolute discretion (subject to our Cancellation Fee rights and obligations) and will be subject to the refund obligations of Suppliers. We have no responsibility for a Supplier not providing You with a refund. Our Service Fee will not be refundable.
  2. No refunds will be made with respect to incomplete or unused portions of the Tour after the Tour commences.

 

TRAVEL INSURANCE

  1. You acknowledge that We have strongly recommended that You take out and maintain a travel insurance policy with an adequate level of cover.

BOOKING AMENDMENTS & FEES

23. (a)       If it is possible to make the change, it will be subject to an administration charge of $50 per person and payment of any further costs incurred as a result of the change.

CANCELLATION POLICY

  1. (b) Rail Holidays Australia – Escorted Group Rail & Coach Tours

 

More than 90 days prior·         Full Refund
Prior to Final payment due date as advised on confirmation letter.·         Loss of Deposit including any non-refundable payments made to 3rd party suppliers for air tickets, event tickets etc. Providing minimum tour numbers are maintained.

·         If Passenger finds replacement full refund once new passengers payment received.

After Final Payment Received·         Loss of Deposit

·         Loss of any non-refundable payments made to 3rd party suppliers for air tickets, event tickets etc

·         Loss of any cancellation fees levied by 3rd Party suppliers

·         If Passenger finds replacement full refund once new passengers payment received less any amendment fees incurred

 

23. (c)              Rail Holidays Australia – Rail Holiday Package including Indian Pacific, The Ghan, Broken Hill, and any other Travel Agency Bookings.               

 

Prior to Final payment due date as advised on confirmation letter.·         Loss of Deposit including any non-refundable payments made to 3rd party wholesalers & suppliers for air tickets, event tickets etc. As per their cancelation policy
After Final Payment Received·         Rail Holidays Australia can only refund any refund payments received from 3rd Party Suppliers & wholesalers as per their cancelation policies

·         Loss of any non-refundable payments made to 3rd party suppliers for air tickets, event tickets etc

·         Loss of any cancellation fees levied by 3rd Party suppliers

·         Rail Holidays Australia reserves the right to charge a $100 per person cancelation fee

ITINERARY

  1. RHA reserves the right to alter or change the accommodation, carriers or coaches at any time for any reason. It also has the right to cancel/alter the itinerary and/or tour without notice as may be found necessary for any reason whatsoever including, but not limited to road, weather or traffic conditions, non-performance of suppliers, industrial action, operational conditions and requirements. All additional expenses incurred as a result of any delays, cancellations or alterations will be the sole responsibility of the passenger. Whilst Rail Holidays Australia will take all reasonable steps to provide an enjoyable tour, RHA accepts no liability for any loss of enjoyment whatsoever and howsoever experience by the passengers.

 

SINGLE SUPPLEMENT & TRAVELLING ALONE.

  1. A limited number of single supplements rooms are available on each tour (the additional cost for sole use of a room). RHA will not match single passengers to share a room with another same gender passenger.

LIMITATION OF LIABILITY

  1. You acknowledge that whilst We have taken all care with the information We have provided with respect to the Tour We accept no responsibility for any inaccuracy or misdescription in that information, particularly in documents or information provided by Suppliers.
  2. AFTA approved Dispute Resolution Policy available on request.
  3. Subject to Australian Consumer Law, We are not liable for, and You release Us from, any claims in respect of any injury, loss or damage (whether direct or consequential) arising from the Tour or provision of the Services (including negligent acts or omissions).
  4. You indemnify Us against any claims which may be made against Us by any third party (including Suppliers) in respect of such injury, loss or damage.

FORCE MAJEURE

  1. Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control – acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious diseases or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in law or regulations, national strikes, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include:

(a)           Financial distress nor the inability of either party to make a profit or avoid a financial loss;

(b)           Changes in market prices or conditions; or

(c)            A party’s financial inability to perform its obligations pursuant to this Agreement.

 

SEVERABILITY

  1. Any clause or part of a clause of this Agreement which is void, voidable, illegal or unenforceable in any jurisdiction is void, voidable, illegal or unenforceable only to that extent in that jurisdiction and may be severed if it is possible to do so without affecting any other part of this Agreement.

WAIVER

  1. No right under these Terms and Conditions is waived or deemed to be waived except by notice in writing signed by the party waiving the right.

 

VARIATION

  1. This Agreement may only be varied by written agreement between You and Us.

 

ENTIRE AGREEMENT

  1. This Agreement comprises the entire agreement between the parties. No earlier representation or agreement whether oral or in writing in relation to any matter dealt with in this Agreement has any effect from the date of this Agreement.

FURTHER ACTS

  1. Each party must do or cause to be done or refrain from doing all such acts or things necessary to give effect to this Agreement.

 

ASSIGNMENT

  1. Any rights or obligations provided in this Agreement may not be assigned or transferred by You without Our prior written permission.

NOTICES

  1. Any communication to be given by a party under this Agreement must be in writing addressed in accordance with the particulars recorded in this Agreement for that party or as may later be notified in writing by that party to the other parties.
  2. Each communication must be delivered by hand, prepaid post, fax transmission or e-mail.
  3. A communication is deemed to be received:

(a)           If hand delivered: on the same business day;

(b)           If posted: on the second business day after posting; and

(c)            If sent by email: as specified by section 13A of the Electronic Transactions (NSW) Act 2000.

GOVERNING LAW & JURISDICTION

  1. This Agreement is governed by the laws of the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.

Privacy Policy:

41. Rail Holidays Australia is committed to protecting the privacy and confidentiality of personal information.

CONTACT US!

0418 337 263 or 02 6331 1128

info@railholidaysaustralia.com.au

Rail Holidays Australia, Po Box 1430, Bathurst NSW 2795

Monday - Friday: 10.00 - 18.30