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Travel offers general terms and conditions

RAC TRAVEL BOOKING TERMS AND CONDITIONS

This is an important document which limits the rights of Travel Participants. Please read and consider it carefully.

  1. In these terms and conditions a reference to:-
    a. "RAC Travel" means RAC Travel Services Pty Ltd (ACN 009 164 176) (Licence No 9TA1) of 832 Wellington St, West Perth 6005;
    b. "Participant" means the person(s) named in the particulars of the itinerary as participants and includes any other person who participates in, is present at or attends the Travel as a Travel Participant;
    c. "Travel" means the tour referred to on the itinerary and includes any display, show, function, dinner, convention, exhibition, accommodation, transport to, during or from the tour, organised, facilitated, promoted, managed or arranged by RAC Travel or any other travel arrangements made by RAC Travel;
    d. "Travel Departure Date" means the date specified as such in the itinerary or otherwise advised by RAC Travel; and
    e. "Travel Supplier(s)" means any third party Travel supply or service provider whose services or goods form part of the Travel.

  2. Payment or part-payment of the price of the Travel shall constitute the Participant's acceptance of these terms and conditions.

  3. To the maximum extent permitted by law, RAC Travel may in its sole discretion postpone or cancel the Travel for any reason whatsoever provided that it shall notify the Participant. In the event of postponement of Travel to a date on which the Participant cannot attend, or cancellation of Travel, RAC Travel shall refund any amount paid by the Participant whereupon this contract will be at an end. RAC Travel shall not be liable for any direct or indirect damage, costs, expense, loss or liability arising in any way out of the decision to cancel or postpone the Travel.

  4. The Participant acknowledges that prices for the Travel are based on airfares and charges set by airlines, tariffs and other charges imposed by Travel Suppliers. In the event of any increase in any of the cost components of the Travel at any time up to and including the day of departure, RAC Travel reserves the right to adjust the Travel price to cover any such price increase unless and until such time as full payment for the quoted Travel has been made by the Participant.

  5. Unless indicated at the time of booking, the Participant must pay the full Travel price together with any GST or other taxes applicable to the Travel to RAC Travel no later than 60 days prior to the Travel Departure Date. If payment is not received by RAC Travel from the Participant at least 45 days prior to the Travel Departure Date, then RAC Travel may cancel the Participant's booking and retain all cancellation charges. If for any reason other than as permitted by clause 3, the Participant cancels the Travel at any time after confirmation of registration (or RAC Travel cancels the Participant's booking for non-payment), then RAC Travel may charge to the Participant any costs incurred or cancellation fee levied by any of the Travel Suppliers plus a cancellation fee equal to 10% of the total Travel price. All cancellations must be made in writing to RAC Travel. No refund is payable for cancellations for any reason whatsoever after the Travel has commenced or in respect of any accommodation, meals or any other services not utilised.

  6. The Participant must familiarise him or herself with any health or visa requirements and "travel warnings" which are applicable to the Travel. The Participant must obtain all exit, entry, customs, immigration, quarantine, health and other documents required by the laws or regulations of the countries visited or transited and carry a valid passport at all times.

  7. If RAC Travel is obliged or required to change a Participant's booking for reasons beyond RAC Travel's reasonable control including actual or anticipated war, fire, natural disasters, political unrest, industrial dispute, terrorist action, civil disorder, epidemic or health risk, transport delays, airport conditions, adverse weather conditions then RAC Travel reserves the right to vary, cancel or postpone each part of the Travel as may be necessary without liability. Participants electing to withdraw from the Travel as a result of responding to any event beyond RAC Travel's control may be liable for any fee or charges levied by a Travel Supplier.

  8. If RAC Travel agrees to change a Participant's booking at the Participant's request, then RAC Travel will be entitled to charge its standard fee for such changes.

  9. All bookings are subject to the terms, conditions and limitations of liability imposed by third party Travel Suppliers some of which may limit or exclude liability in respect of certain matters, including death, personal injury, delay, or loss or damage to baggage. Whilst RAC Travel is not liable or responsible in any way for the conduct or omissions of third parties, RAC Travel is to be regarded as having the benefit of all such terms, conditions and limitations of liability. To the extent of any inconsistency between these terms and conditions, and the terms and conditions of any Travel Supplier, the terms of the applicable Travel Supplier shall prevail.

  10. On receipt of the Participant's deposit, subject to availability and at RAC Travel's discretion, RAC Travel will reserve the Participant's place for the Travel. A contract is only made between the Participant and RAC Travel upon the Participant's booking having been confirmed and accepted by RAC Travel. The Participant signing an itinerary will be deemed to act as a duly authorised agent of any other persons named on the itinerary or otherwise communicated to RAC Travel as Travel Participants and those persons named will be bound by these terms and conditions.

  11. The Travel price will only include those items that are expressly stated as being included in the Travel. RAC Travel does not make any representations about or guarantee the class or standard of any accommodation or services selected for the Travel.

  12. All Participants must take out comprehensive travel insurance in respect of the Travel. Failure to provide evidence of comprehensive travel insurance shall give RAC Travel the right to cancel the Participant's participation in the Travel and the Participant agrees RAC Travel may charge to the Participant any costs incurred or cancellation fee levied by any of the Travel Suppliers as a result of any such cancellation plus a cancellation fee equal to 10 %.

  13. Each Participant agrees to comply with the authority and decisions of the Travel representative(s) and the laws of the country in which the Participant is travelling. RAC Travel has the right to ask and require any Participant at any time to leave the Travel and not re-join the Travel if such Participant is behaving in an inappropriate manner according to any duly appointed representative present on the Travel or otherwise breaches the terms and conditions of this agreement. Any Participant asked to leave the Travel must leave immediately and will not receive a refund of the price paid for the Travel.

  14. RAC Travel must be advised of any physical disability or medical conditions requiring special attention before a Participant books the Travel. If a Participant does not inform RAC Travel at this stage, RAC Travel may subsequently refuse to accept the Participant's booking or subsequently cancel the booking without any liability whatsoever.

  15. Each Travel Participant is solely responsible for their own belongings and RAC Travel is under no obligation to replace or compensate, nor shall it be liable for any loss or damage suffered as a result of property belonging to the Participant being lost, stolen or damaged.

  16. To the maximum extent permitted by law, RAC Travel will not be held responsible or liable in negligence, contract or howsoever if any person incurs, experiences or suffers an accident, direct or indirect loss including but not limited to loss suffered to property or person, damage, fatality, injury, psychological injury, inconvenience, loss of enjoyment, disappointment or health related issue whatsoever whilst in transit to or from the Travel, in respect of their time, presence or participation in the Travel and/or their time at a Travel location before, during or after the Travel. For the purposes of giving effect to this clause and in consideration of RAC Travel organising the Travel and the terms and conditions contained herein, the Participant hereby fully and finally releases and discharges RAC Travel from any liability, claim, action, right or entitlement whatsoever the Participant has against RAC Travel whether known or unknown, whether accrued, contingent or inchoate arising out of, concerning or relating to the Travel.

  17. The Participant agrees that any:-
    a. claims relating to the Travel by the Participant are null and void unless they are made in writing and sent by registered post to RAC Travel Services Pty Ltd, Attention: Company Secretary, 832 Wellington St, West Perth 6005 within 120 days after the conclusion of the Travel;
    b. legal proceedings concerning the Travel by the Participant are time-barred if not brought within 12 months after the conclusion of the Travel.

  18. If the law implies a condition or warranty that cannot be excluded then the Participant agrees to the fullest extent permitted by law that RAC Travel's liability for a breach of the condition or warranty shall be, at RAC Travel's' sole election, the re-supply or payment of the cost of re-supply of the relevant goods or services. All other conditions and/or warranties are expressly excluded to the fullest extent permitted by law.

  19. This contract shall be governed by the laws of Western Australia and the Participant agrees to submit to the exclusive jurisdiction of the courts thereof.

  20. Each Travel Participant, or if under the age of 16, their parents or legal guardians, fully indemnifies RAC Travel against any loss, liability, damage, action, demand, expense, claim, fine, charge or obligation which RAC Travel has or may suffer or incur by reason of or in any way consequent upon, arising out of or incidental to the non-performance or non-observance of the obligations and liabilities imposed on the Participant under this contract or by reason of or concerning or arising out of the conduct, act or omission of the Participant on or related to the Travel.

  21. If any clause in this agreement becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining clauses of this agreement shall not in any way be affected or impaired.

  22. This document may only be varied by a document in writing executed by all parties' authorised representatives.

  23. The Participant acknowledges and accepts the above terms and conditions applying with respect to the Travel and acknowledges having read and understood them and the Participant understands that no other agreement or disclaimer, verbal or otherwise, applies as this document contains the entire contract between the Participant and RAC Travel