IMPORTANT: Your Back Track Adventures booking is a legally binding contract and is subject to these booking conditions. You should read them carefully, taking particular note of the clauses relating to cancellation, refunds, and your responsibility as the traveller.
PLEASE NOTE: Back Track Adventures is a ground operator, tour operator and travel agent.
• When acting as a Ground Operator, we provide the travel service and/or product.
• When acting as a Tour Operator, we design your holiday with our local ground operator.
• When acting as a Travel Agent, we coordinate and book your travel itinerary with third-party travel providers.
In this contract:
“the client” or “you/your” refers to the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
“we/us/our/Back Track/Back Track Adventures/BTA” refers to – Travel Place Pty Ltd Trading as Back Track Adventures (ABN 89 648174 396)
“Service Provider/Travel Provider/Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.
“Back Track Journey/BTA Journey/Journey” means any Back Track Adventures-operated trek or tour
“Travel Product” means the service or product provided by a Third-Party Travel Provider, for example, a flight, tour, cruise, or insurance.
SCHEDULE OF FEES – Booking & Service
(see also SCHEDULE OF FEES – Changes & Cancellations)
Back Track Adventures’ fees are at all times non-refundable
PRICES & VALIDITY
• Please note that all prices are subject to change at any time, with or without notice.
• Airfare quotes are valid only within ticketing deadlines and airfares and taxes are subject to change until paid in full.
• Unless otherwise stated, Back Track Journeys prices are per person, twin share. Single Supplement charge applies to all solo bookings if no twin share traveller is nominated/available.
• Prices for tours and all land and cruise arrangements are based on costs and exchange rates applicable when confirming your booking in AUD unless otherwise stated.
• Wholesalers and tour operators reserve the right to adjust prices whether or not you have already made full payment.
DEPOSITS & FINAL PAYMENTS
• You will be required to pay a deposit to confirm your booking. Your booking is not guaranteed until this deposit is received, and all services have been confirmed.
• A minimum BTA deposit of $100 per person is required on top of any third-party provider deposits
• Back Track Adventures Journeys require a deposit of 20% of the tour cost (including Single Supplement, if applicable) per person
• BTA Journeys Private Group departures require a deposit of 25% of the tour cost (including Single Supplement, if applicable) per person
• Deposits are at all times non-refundable.
• Back Track Adventures fees are at all times non-refundable.
• If we are unable to confirm certain travel products, an alternative will be offered subject to your acceptance. If you do not accept the alternative travel arrangements offered, we will refund any payments made.
• Final payment is required no later than 90 days prior to departure unless otherwise stated.
• Some airfares or services must be paid in full at the time of booking.
• Payment deadlines including deposits and final payment will be outlined on your invoice.
• Failure to make payment by the due date may result in bookings being cancelled and deposits forfeited.
• Payments made by direct deposit may take up to 5 business days to process.
• Payments by credit cards may incur additional fees, please refer to your invoice.
• Payments made by cash in the office will incur a $55 handling fee.
AGENCY
• When acting as a travel agent, we are booking and selling travel products on behalf of third-party travel providers such as transport, accommodation, and other service providers such as airlines; coach, rail, and cruise line operators; as well as wholesalers.
• Our obligation to you to is to make travel bookings on your behalf and, while we exercise care and skill in selecting your travel providers, we cannot guarantee the performance of, nor control the financial stability of, those suppliers and operators.
• All bookings made on your behalf are subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers. You are responsible for reading and understanding these terms and conditions before confirming your booking.
• Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason any travel provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
• Any information obtained from websites, brochures, or flyers is the responsibility of the Travel Provider and BTA is not responsible for any errors or omissions therein.
• You should consider taking out comprehensive travel insurance including insolvency cover at the time of booking.
SCHEDULE OF FEES – Changes & Cancellations
Back Track Adventures’ fees are at all times non-refundable
CHANGES BY YOU
• Any changes requested by you after services have been confirmed are subject to availability and may incur additional costs
• Any changes requested by you are subject to change fees as prescribed by BTA and Third-Party Providers
• All client names and passport details must be provided to us at the time of booking. If the details provided to us are incorrect, you will be liable for any cost resulting from changing/correcting your details.
• All changes are subject to availability, limitations, and restrictions of the relevant travel provider.
• Each component within the itinerary you have booked carries unique rules and restrictions. These conditions will be provided by your consultant.
• For Back Track Adventures fees please refer to the relevant fee schedules herein. Back Track Adventures fees are at all times non-refundable.
Back Track Journeys – Voluntary Transfer
If you elect to transfer your confirmed booking to an alternative departure, the applicable change fee(s) will be deducted from your held deposit and the remaining balance of any monies paid will be transferred to the nominated alternative.
Note:
o Voluntary transfer is available until 91 days prior to departure
o Transfer must be to another Back Track Journey
o Alternative trip selection is subject to availability
o Your alternative trip must depart within 12 months of your original dates
o If alternative travel is not confirmed within the stated conditions, unused deposits will be forfeited
CANCELLATION BY YOU
All cancelled bookings will be subject to cancellation penalties which may be as high as 100% of the total booking cost.
• If you wish to cancel all or any part of your booking, we must receive notification of cancellation in writing. Your cancellation is confirmed on the date the written notification is received.
• If you cancel your Back Track Journey booking on or after 90 days prior to departure, the applicable cancellation fee is 100% of the total Journey cost
• If you cancel your Back Track Journey booking on or before 91 days prior to departure, you are entitled to a refund of any tour balance paid, minus non-refundable deposit & any applicable unrecoverable costs
• At all times your deposit is non-refundable.
• Back Track Adventures fees are non-refundable.
• Cancellation fees apply depending on the terms and conditions of Back Track Adventures, individual airfares, and travel providers. Please refer to the individual conditions for the relevant third-party travel providers.
• No refunds will be made if you leave a trip for any reason after the trip has begun.
• No refunds will be made for accommodation, transport, sightseeing, meals, or services not utilised.
• Where you seek a refund for a cancelled booking for which payment has been made to a supplier, we are unable to provide a refund to you until we receive the funds from that supplier.
• You may be able to claim cancellation costs through your insurance policy. Please refer to the individual cancellation policy of your insurance provider for further details.
CHANGES BY BACK TRACK OR THIRD-PARTY TRAVEL PROVIDERS
• If a third-party travel provider makes any changes to the confirmed Itinerary, we will notify you as soon as possible.
• BTA is not liable for any associated cost with these changes.
• If Back Track makes any significant change to your Journey itinerary prior to departure, we will notify you as soon as possible.
• If any required changes are deemed by us to alter the nature of the Journey as advertised, you will be notified promptly and given the option to reconfirm your booking with the new itinerary. If you elect not to reconfirm, Cancellation by Back Track conditions apply.
CANCELLATION BY BACK TRACK
• Back Track Adventures reserves the right to cancel a departure and will advise you of such cancellations no later than 60 days before the tour departure date. Reasons for cancellation include but are not limited to minimum numbers not being met and circumstances beyond BTA’s control.
• If BTA cancels your Journey, you are entitled to a full refund of any part of the Journey cost you have already paid, including your deposit. Alternatively, you may transfer your booking to another Journey without incurring a transfer fee.
• If you do not pay the balance of your total booking cost at final payment date (90 days prior to departure), BTA reserves the right to cancel your booking and you will lose your deposit.
• BTA will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’. In the event of ‘Force Majeure’ or government travel advice, BTA reserves the right to cancel a departure at any time.
• With any form of cancellation in this category, other than payment not received, BTA will try to offer you alternative arrangements. If you do not accept alternative arrangements BTA will offer you a credit to the full value held to be used on any product available through BTA.
• BTA will not be liable for any additional costs incurred by you.
CANCELLATION BY THIRD-PARTY PROVIDERS
• Third-party providers reserve the right to cancel a departure. In this circumstance, we will do our utmost to find you alternative arrangements. If you accept the alternative arrangements, your booking cost will be adjusted, and payment made by you, or a credit provided by us.
• BTA is not liable for any loss suffered by you as a result of the insolvency of any travel service provider. You are responsible for all rebooking costs and associated fees in the event of insolvency of a third-party provider.
• Third-party providers will not be liable for any delay in, change to or cancellation of trips due to ‘Force Majeure’.
• With any form of cancellation in this category, most travel providers will offer you alternative arrangements, however, will not be liable for any additional costs incurred by you. If you do not accept alternative arrangements the relevant third-party travel provider terms will apply.
FORCE MAJEURE
‘Force Majeure’ means a circumstance beyond the reasonable control of any party and includes, but is not limited to, acts of God, accident, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, breakdown of communication facilities, natural catastrophe, governmental acts or omission, changes in laws or regulations, industrial or nuclear disaster, explosion, generalised lack of availability of raw materials or energy, adverse weather conditions, fire and strikes.
REFUNDS
• In the event of a cancellation by a third-party travel provider, many will offer credits for alternative dates, and some may consider refunds.
• In case of ‘Force Majeure’ or government travel advice, any refunds will be less unrecoverable costs.
• Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we are unable to provide any refunds to you until we receive the funds from that supplier.
• Some third-party fees, such as credit card fees, are non-refundable at all times.
• If a third-party provider offers a refund, BTA reserves the right to retain a service fee commensurate to the work performed to both book and cancel on your behalf.
• We are not responsible for supplier delays in the issuance of refunds. Airline refunds can take up to 60 – 90 days to process.
• BTA fees are non-refundable.
PASSPORT & VISAS
• All travellers, regardless of nationality, require a passport to depart and enter Australia and all other countries.
• It is your responsibility to ensure that you have valid passports, visas and re-entry permits that meet the requirements of immigration and other government authorities. Any fees incurred are your responsibility.
• For International travel, your passport must have a validity of at least 6 months beyond return date and some countries require at least 4 clear pages. – Some countries also require a machine-readable passport.
• Non-Australian citizens require a valid re-entry visa.
HEALTH & VACCINATIONS
• You warrant that, at time of booking, you are fit to travel. At all times, it is your responsibility to advise BTA of any health/fitness issue which may increase your risk of requiring medical attention or significantly impact the course of the trip
• BTA and third-party providers reserve the right to require medical assessment from a qualified medical practitioner. If the assessment determines that you are unfit to travel, or will need special assistance beyond what we/they can reasonably provide, we/they may cancel your booking
• You must ensure you are aware of any health requirements and recommended precautions relevant to your travel and ensure you carry all necessary vaccination documentation.
• In some cases, failure to present required vaccination documentation (e.g., proof of Yellow Fever vaccination) may deny you entry into a country.
• We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic when booking your travel.
• General health advice for the destination you wish to visit is also available from DFAT and the Smartraveller website.
TRAVEL INSURANCE
Please note Travel Insurance is strongly recommended for all travel and is compulsory for any BTA-operated trek or tour.
• We strongly recommend taking out insurance when paying deposits. This may cover cancellation costs for any unforeseen circumstances – please refer to individual insurance policy for details of cover.
• You should consider taking appropriate levels of travel insurance for the destinations to which you are travelling.
• You must perform your own due diligence when selecting & purchasing any travel insurance product
• Back Track Adventures is a distributor of nib Travel Services (Australia) Pty Ltd (nib), ABN 81 115932 173, AFSL NO 308461, Cover-More Insurance Services Pty Ltd (Cover-More) ABN 95 003 114 145, AFSL NO 241713 and Go Unlimited Pty Ltd (Go Insurance) ABN 74 149 217 925 AFS License NO 404782.
Back Track Adventures receives a commission for insurance products purchased through Back Track Adventures and acts as an agent for nib, CoverMore and Go Insurance and not as your insurance agent.
All travel insurance quotes provided by Back Track Adventures are obligation-free.
Back Track Adventures cannot give advice about insurance products, and any factual information provided is not intended to imply a recommendation or opinion about the insurance products we sell. Before you buy, read the Product Disclosure Statement(s) available from us. If you have a complaint about an insurance product, see the Product Disclosure statement(s) for the complaints process.
FREQUENT FLYER & SPECIAL REQUESTS
• It is your responsibility to advise Back Track Adventures of all frequent flyer memberships and special requests.
• You should retain copies of your boarding passes.
• BTA is not responsible for any inability to accrue points. For more information, please refer to your frequent flyer program.
• Special requests will be passed on where necessary to the third-party provider but cannot be guaranteed.
COMMUNICATION
• Upon confirmation of your booking, BTA will maintain your details on its database to receive updates and newsletters.
• Your subscription can be cancelled at any time at your request.
LIABILITY
• Subject to Australian Consumer Law, neither Back Track Adventures nor any of its related bodies corporate, directors, employees, or agents accept 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.
• Agents are not liable for force majeure or any other event which is beyond the agent’s control, or which is not preventable by the agent.
• We, our travel suppliers, and you are subject to international conventions when they apply. This may limit the amount of a claim you may be able to make against us or anyone else.
• We are not responsible for and make no warranty or representation about, the standard, class, or description of accommodation or services provided by Third Party Travel Providers.
• We are not liable for changes we reasonably make to an itinerary or any other aspect of the management of your trip to ensure the safety of you and the team.
• We are not liable for weather conditions; loss of enjoyment; any aspect of goods or services you buy; medical problems or physical difficulties even if you have advised us in advance; your own carelessness or negligence in regard to your behaviour; laws, culture or standard of services in any country you may visit; insolvency of third-party travel providers used for your itinerary.
ACCEPTANCE OF RISK
• You accept that all travel has risks involved and that you travel to a destination at your own risk. You must perform your own due diligence with respect to making your own choices regarding destinations, including reviewing all travel advisories.
• You acknowledge that the nature of some of our itineraries, bookings and tours can be adventurous and may involve a significant amount of personal risk and personal responsibility. You hereby assume all such risk for all itineraries, bookings, and tours, and release us from all losses, costs, damages, expenses, payments, claims, or actions arising from illness, injury, disease, loss or damage to property, discomfort and inconvenience or death resulting from these inherent risks.
• It is a condition of our bookings that you must have adequate travel insurance to cover you should you have any problems while away.
CLAIMS & COMPLAINTS
• We are committed to ensuring a fair, transparent, and timely resolution to all complaints
• We recommend that all complaints be made in writing to ensure a clear record of the issue and resolution
• You agree to bring any complaint to your Travel Consultant or the Tour Operator as soon as possible in order to provide the opportunity to properly address any issue
• If you are not satisfied with the resolution, please forward your complaint to our Director, Leanne Flanagan Smith at leanne@backtrack.com.au
• Any complaints concerning BTA will be managed in accordance with the ATIA Code of Conduct (Section 5) which includes information on further escalation if required.
• Any complaints concerning third-party travel providers should be lodged according to the provider’s policy
GOVERNING LAW
• This contract should be interpreted in accordance with the laws of Australia and the laws of Queensland.
• You consent and submit to the exclusive jurisdiction of the courts of Queensland in all matters arising out of or in connection with this contract.
YOUR RESPONSIBILITIES
• You warrant that you are fit to travel at the time of booking. It is your responsibility to advise BTA of any health/fitness issue which may increase your risk of requiring medical attention or significantly impact the course of the trip
• You warrant that you are over the age of eighteen (18) and have sufficient funds to pay for the travel services.
• You have read our Terms & Conditions and Privacy Notice and if booking for third parties have conveyed these policies to them.
• You have read the terms and conditions of any suppliers or third-party service providers and agree to be bound by those.
• You are responsible for checking the accuracy of all documents provided to you.
• You are responsible for reconfirming airline departure times at least seventy-two (72) hours prior to travel.
• You warrant and acknowledge that you have accessed DFAT and the Smartraveller website for any specific enquiries in relation to your intended destination.
• You are responsible for your own passport, visa, and any other required identification documents.
DEFINITIONS
§ “itinerary planning fee” is payable before work commences and is deducted from the final balance of the resultant booking, or retained in the event that the quote does not progress to booking. Each charge applies to an initial quote, plus two (2) revisions. Further revisions will incur an additional fee.
† “maintenance” refers to managing airline schedule changes, seating requests, meal requests, and any changes made by a service provider. Excludes voluntary changes and cancellations.
Effective date: 16/07/2024
