Terms and Conditions

YOUR USE OF THE SERVICE IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE.

WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT DUBS, SOUND RECORDINGS AND ANY OTHER CONTENT AVAILABLE ON THE SERVICE IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE SERVICE.

WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE SERVICE, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE.

Nothing in these Terms shall limit or exclude our liability for:

1. death or personal injury resulting from our negligence;
2. intentional acts, fraud or fraudulent misrepresentation; and
3. any other liability that cannot be excluded or limited by law.

Prices:

All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by the traveller. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Please contact us for up-to-date prices.

Online Booking Fees:

Tourism Cairns do not charge any booking fees.

Deposit and Final Payment:

You will be required to pay a deposit at the time of booking. A consultant will advise you of how much that deposit will be. Depending on the type of tour you booked final payment may be required 48 hrs prior to departure unless otherwise stated. Tourism Cairns will ask you if your credit card details can be passed to the tour operator so final payment can be made. This authorisation from the traveller must be done in writing.

Please note that some tour operators charge credit card fees and the client will be notified of a such fee before payment is completed.

Travel Insurance:

Tourism Cairns strongly recommends all travellers to hold appropriate travel insurance to cover all travel arrangements. We also strongly recommend that it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.

Service guarantees:

Tourism Cairns booking and advisory services come with a guarantee that:

• We will be provided with due care and skill;
• We will be reasonably fit for the specified purpose;
• We can reasonably be expected to achieve the desired result; and
• We will be provided within a reasonable time.

Agency:

We, Tourism Cairns, act as an agent for, and sell various travel related products as an agent on behalf of, numerous tours operators, transport, coach, rail etc. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties.

Liability:

To the extent permitted by law, neither Tourism Cairns nor any of its related bodies corporate, directors, employees or agents accept any 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, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.

Special Requirements:

Please liaise with one of Tourism Cairns consultants or, for online bookings, regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access. If nothing is specified normal arrangements will be made and Tourism Cairns will not be liable of any non specifications missed to be mentioned by the client.

Gift Vouchers

Gift Vouchers are non-refundable.

If you are purchasing a gift voucher please note that the full amount will be required at the time of booking, leaving the levies only to be paid on the day of travel.

Product based Gift Vouchers can be open dated for one year from the day of booking. All Gift Vouchers must be redeemed within one year from the day of booking.

Please note that the Tour Operator may change their prices at anytime. If you are booking an open dated gift voucher and the price increases from the gift voucher booking date to the redemption date the customer will be required to pay the difference.

Cancellation by the traveller

If you cancel your booking cancellation fees may apply. A cancellation will only be effective until we receive written confirmation of the cancellation by the traveller.

If you cancel a tour:

• Up to 7 days prior to departure a full refund is applicable;
• 7 days prior to departure, we will retain the deposit amount; or
• 48 hrs prior to departure, 100% cancellation fee may apply.

If you cancel a package:

• Up to 30 days prior to departure a full refund is applicable;
• 30 days prior to departure, we will retain the deposit amount; or
• 24 hrs prior to departure, 100% cancellation fee may apply.

Note that different cancellation conditions apply to some trips. A booking consultant will advise if differences apply. Please note that for certain travel arrangements the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. You will be advised of different cancellation charges at time of booking.

Tourism Cairns strongly advise you to take travel insurance at the time of booking which will cover 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, join it after departure, or leave it prior to its completion, no refund will be made.

Cancellation by the Tour Operator

The Tour Operator may cancel a trip at any time subject to weather conditions or other circumstances. If they cancel your trip, you can transfer amounts paid to an alternate departure date or alternatively receive a full refund. Please note that if different cancellation conditions apply to your booking a consultant will advise the difference.

Booking amendments

If you wish to change the date of your tour you must notify us up to 48hrs prior to the tour date. As long as there is availability to the new departure date Tourism Cairns will change the date of your tour without any charges.

If you wish to transfer from one trip to another you must notify us at least 7 days prior to the proposed departure date. If you notify us less than 7 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

Travel Insurance:

Tourism Cairns strongly recommend all travellers to hold appropriate travel insurance to cover all travel arrangements. We also strongly recommend that it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.

We, Tourism Cairns, are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy. By providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy. In particular, you agree that in certain circumstances (such as where you request us to book tours for you), we are permitted to disclose your personal information to tour operators.  These travel providers will in most cases receive your personal information in which they will provide the services to you or in which their business is based. Generally, we will only disclose your personal information to these persons in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf.

Where we disclose your personal information to any person, you agree that we will not be required to ensure that person’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.