Terms & Conditions
Terms & Conditions
Please read these booking conditions carefully, as they apply to all bookings accepted by Crooked Compass Pty Ltd ACN 608 054 646 (Crooked Compass). By making a booking you accept these Booking Conditions. We reserve the right to amend these Booking Conditions from time to time.
How to book
Please call our reservations line on 1300 855 790 or contact your travel agent who will request a reservation on your behalf. A booking is only accepted when we issue a written booking confirmation and invoice. It is at this point that a contract between us and you comes into existence. We reserve the right to decline any booking request at our discretion. No employee of Crooked Compass other than a director has the authority to vary or omit any of these Booking Conditions or promise any discount or refund.
All published rates are in Australian dollars and include GST where applicable and are subject to change prior to us accepting your booking. We reserve the right to increase the price of your booking following confirmation due to increases in , taxes, negative currency fluctuations of more than 5%, airline fuel surcharges or a reduction in numbers of passengers travelling below the minimum passenger numbers (see below). Prices are protected against currency fluctuation surcharges once payment is received in full, but remain subject to increase due to any tax changes or levies imposed by any government or their agencies or any airline, or due to minimum numbers not being achieved.
Crooked Compass reserves the right to correct any errors in rates quoted or calculated, or any omissions made at any time during your booking. Any verbal quote given is an indication only of the final price and is subject to confirmation in writing.
Itineraries and prices advertised are based on exchange rates as at 1 October 2018. Crooked Compass reserves the right to make alterations to itineraries and prices due to circumstances beyond their control, including a drop in exchange rate of more than 5%. Once a customer has paid in full, the price of the tour is guaranteed, subject to any tax changes or levies imposed by any government or their agencies or any airline.
A non-refundable deposit of $1000 per person, per tour, is required to secure your place on each tour within 7 days of us issuing your booking confirmation. For tours that include domestic flights or permits, payment in full for these is required at the time of deposit. Some hotels may require pre-payment in peak seasons. You will be advised of this at time of booking. For bookings under the value of $1000, full payment is required to secure your place.
International or domestic flights that form part of your itinerary, permits and any accommodation that requires pre-payment must be paid for in full at the time of deposit and are non-refundable. Airline seats are limited, prices are subject to change and not guaranteed until full payment is received. Flight confirmation is subject to availability.
Customised Itinerary Deposits
If you request Crooked Compass to create a customised itinerary tour, you will be required to pay a non-refundable deposit of $250 towards our administration costs of creating your customised itinerary in addition to the deposit referred to above. This is required to be paid before we commence customisation. This customisation deposit will be applied against the total booking value.
Final payment must be made no later than 60 days prior to on the first day of your Crooked Compass tour unless otherwise specified. We are under no obligation to remind you of payments becoming due. Should you not make your final payment by this deadline, Crooked Compass reserves the right to cancel your booking and cancellation fees (as specified below) will apply.
Credit and debit card payments attract a merchant fee which is determined by our merchant facility depending on your card type. Visa, MasterCard and American Express and Diners Club are accepted. International credit cards are accepted with varying merchant fees dependent upon your location.
Cancellations by You
All cancellations must be received in writing and will be subject to the following cancellation charges from the date the written cancellation is received:
- More than 60 days prior to the first day of your tour; loss of deposit and any related permits or airfares plus any fees incurred by us in administering your cancellation
- 60 days or less prior to departure; 100% of total tour cost
- Any 'no show'; 100% of total tour cost.
The above cancellation fees are in addition to any that may be charged by travel agents, airlines, hotels or other tour operators, which fees will be passed on to you. Regrettably cancellation charges and fees cannot be waived by Crooked Compass, and you agree are reasonable these cancellation fees are reasonable to protect the legitimate business interests of Crooked Compass
Cancellations by Us
Events outside our control: If the tour cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock out, epidemic, pandemic, failure or delays of scheduled transportation facilities, or other acts of god, or any law, order, decree, rule or regulation of any government authority, or for any reason whether of a similar or dissimilar nature beyond the control of Crooked Compass (Force Majeure), our contract with you will terminate and there will be no claim for damages by either party against the other, provided that we will refund you any payments made by you that we have not expended (or legally committed to expend) minus an administrative fee of $200 per person. If we provide you with any alternative services or assistance where a tour is cancelled because of Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
Operational reasons: If we cancel a tour for reasons beyond Force Majeure (including if a tour which is not a guaranteed departure fails to achieve minimum numbers), then we will refund you all amounts paid at the time of cancellation. Crooked Compass will not be responsible for any other travel arrangements affected by, or any additional costs incurred as a result of, our cancellation.
Amendments by You
The following fees will apply:
- Amendments to confirmed and deposited itineraries outside of 60 days prior to departure where the value of the booking is decreased - $250 per change, per person (a change to the booking that increases the value will incur no fee)
- Amendments within 60 days prior of departure - $550 per change per person
- Reissue of airline tickets - $100 per person (airline and other fees may also apply)
- Booking of only 3 nights’ accommodation or less - $30 per person
- Amendments after departure, loss of cancelled services, plus a fee of $50 per person per change.
NOTE: Once a booking is confirmed, name transfers are not permitted as this will be regarded as a cancellation - See 'Cancellation' for applicable fees and details.
Once a tour has commenced, all amendments must be made locally with your guide.
Amendments by Us
Every effort will be made to adhere to the published touring itinerary. Occasionally, circumstances beyond our control will force changes, amendments or modifications to the itinerary and its inclusions. To the fullest extent permitted by law, Crooked Compass will not be responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these circumstances. If you are entitled to any compensation at law for any changes or modifications in these circumstances, then you agree that any compensation you are entitled to will be reduced by the value of any alternative services we provide that you accept.
Any special requests are made on a request basis only. Crooked Compass cannot guarantee special requests nor will it assume any responsibility or liability if passengers' special requests are not fulfilled.
Travel documents are electronic and will be emailed to you or your travel agent approximately 21 days prior to the first day of tour (providing full payment and required paperwork has been received). If you are leaving home earlier, please advise us so that we can email your documents before you leave home.
Guaranteed departures/Minimum Numbers
Tours marked as 'Guaranteed Departures' are guaranteed to depart, regardless of passenger numbers. However, we reserve the right to withdraw this guarantee and cancel the tour due to an event of Force Majeure. Tours have been costed on the basis of a minimum of 2 passengers travelling. In the event of a reduction in the numbers of passengers travelling on any specific group tour departure below 2 passengers we reserve the right to re-cost the tour and pass on the increased costs.
If the tour is not a ‘guaranteed departure’ and in the unlikely event that a tour fails to attract the minimum passenger numbers, we reserve the right to withdraw the departure and cancel your booking. Crooked Compass will endeavour to advise all parties concerned of the withdrawal of the tour at least 60 days prior to its scheduled departure date. In this circumstance, we will refund all amounts you have paid, but we will not be responsible for any loss or expenses you incur due to the cancellation, including, without limitation, any lost airfares or the costs of alternative travel arrangements.
To the extent permitted by law, no refund is available for cancellations after travel has commenced or in respect of any tours, accommodation, meals or any other services not used by you. This includes where we have excluded you from the tour as permitted under these Booking Conditions. No overseas supplier or associate is authorised to promise a refund on behalf of Crooked Compass.
On tours that offer airport transfers as an inclusion, an airport transfer to/from your hotel will be provided on the arrival and departure day of the tour (within the ground supplier’s operating hours). Flight details must be provided to Crooked Compass at least 21 days prior to your arrival. Documentation will not be released until this information is provided. Once transfers are booked, they cannot be changed. Only one inbound and one outbound transfer will be included as a group transfer. In the event of flight delays outside Crooked Compass' control, the transfers will be deemed to be cancelled. All transfers are based on group transfers, and no refund is available for missed transfers or passengers not using the transfer service. Airport transfers are provided as a service to passengers and it is the responsibility of the passenger to ensure that any airport transfer will allow them enough time to connect with their flights. Crooked Compass will not be responsible for any flight delays or cancellations caused by the late arrival or departure of an airport transfer, or for cancellation fees associated with a missed flight. You should make any other transfer arrangements at your own cost.
Airline Fuel Levy Surcharge
Since 2004 all airlines servicing flights have been charging a fuel levy surcharge, on top of the normal airline ticket price, in order to cover the increased cost of aviation fuel. As fuel prices have fluctuated, so too has the amount the airlines charge for this levy. This amount is detailed against every tour featured and will also be advised to you at the time of your booking and is subject to change until your airline ticket is issued.
Product descriptions, maps and photographs
Descriptions of tours, attractions and accommodation provided on this website are based on information provided by hotels and suppliers. Any facilities shown as included may change at any time. Crooked Compass makes no representation as to the standard, class or description of accommodation or services provided by third parties. Maps are shown for general information and do not necessarily reflect actual routings, locations or services provided. Photographs may show places in the general area visited, but not necessarily included in the tour. Many of the images on our website and brochures are supplied courtesy of tourist bureaus, hotels and tour operators. Every effort is made to ensure the accuracy of the information provided to passengers; however, Crooked Compass cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.
It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy for duration of travel. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance is taken out at the time of booking to provide full cover. You must provide us with the insurance company name, policy number and emergency contact number relating to such a policy within 14 days of commencement of the tour.
All passengers are required to familiarise themselves with any health requirements specific to countries being visited. All passengers should visit their doctor for these purposes and/or to confirm that they are physically able to undertake the day-to-day requirements of the tour. You should obtain any required or recommended vaccinations.
Crooked Compass does not employ medical personnel. You must continuously notify Crooked Compass if you have any pre-existing medical conditions that might reasonably be expected to affect the tour arrangements. We reserve the right to cancel your booking if your changed circumstances mean you will require special assistance from our personnel during the tour. We suggest that your travel insurance (which you are obliged to have in place under these Booking Conditions) includes comprehensive cancellation coverage.
You release Crooked Compass from any liability for anything relating to a pre-existing health condition. Any necessary medical attention will be provided by a local facility at the passenger's expense. Crooked Compass is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services provided.
Passports and Visas
It is the responsibility of the passenger to have a valid passport (which is valid for at least six months from your last day of travel to the passport expiry date) and all visas, permits and certificates required for the selected tour. Ask your travel agent for further information. Note that your passport name must match your airline ticket name or you may be denied boarding. Responsibility for documentation accuracy, passport validity and dispatch of documents rests with the customer. Crooked Compass accepts no responsibility for any failure in this respect.
Please check with your airline for applicable baggage allowances. Where a tour includes hotel porterage, this includes one standard suitcase per person, and only applies when the passengers are travelling as part of the group. Porterage is not included when passengers check in and out of a hotel at the start and end of a tour. All baggage and personal effects are at all times and in all circumstances at the risk of the tour participant. Baggage insurance is recommended.
On group tours, if you are travelling as a single passenger, you can request that we try to match you in a twin share room with another single passenger of the same sex. Should we not be able to match you in a twin share room by the final tour balance payment date, the single room supplement rate will apply. Should you be matched with another person we cannot be held responsible if the choice is not to your satisfaction. Any twin match must understand that the room must be treated as a non-smoking room unless both parties agree otherwise. Travellers are not necessarily paired in the order of which they book. Travellers are paired based on like for like i.e. similar age where possible. Single rooms may be smaller than twin rooms. The Single Supplement represents a fee passed on to us by the hotels for sole use of a room.
Refusal of Carriage
Crooked Compass retains the right to remove customers from our tours for reasons that impact on the enjoyment or safety of other passengers, such as, but not limited to, the physical, medical, mental inability of customers to undertake the arrangements of the holiday, unsocial or unruly behaviour, or the carriage of prohibited substances or materials. Onward travel arrangements will be at the expense of the traveller removed from the tour.
You must provide a telephone number, email or address where you can be reached, if necessary. Documentation will not be released until this information is provided.
Not included in the price
Anything not specifically included in the tour is at your own expense. Tours sold as 'land only' do not include airfares.
Air travel is subject to the conditions and limitations set out in the airline's conditions of carriage. Airfares are subject to change at any time.
The person making a booking (Lead Booker) will be deemed to have accepted these booking conditions on behalf of everyone named in the booking. The Lead Booker indemnifies Crooked Compass against damages incurred due to the Lead Booker not bringing these Booking Conditions to the attention of all people in the booking prior to placing the booking request. Only the Lead Booker is authorised to make changes to or cancel the booking. If you book through a travel agent, all communications from us will usually be sent to the travel agent. The travel agent is responsible for forwarding payments made by you to us.
Photography of Travellers
Local guides may request to take photos of you which form part of their duty of reporting. No such images will be used for any marketing purposes without written consent from the traveller. Should you not wish for your photo to be taken, please inform your guide.
Each Crooked Compass Tour includes services that are recreational services for the purposes of section 139A of Competition and Consumer Act (2010) (Recreational Services). You acknowledge and agree that in relation to the supply of any Recreational Services to you, we exclude and will not be held liable for your: (a) death, or (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), or (c) contraction, aggravation or acceleration of a disease, or (d) the coming into existence or the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that (i) is or may be harmful or disadvantageous to you or to the community or (ii) that may result in harm or disadvantage to you or the community.
When on tour, you may be offered the opportunity to engage in optional or non-itinerary activities. You acknowledge and agree that such activities are operated by third parties and do not form part of the travel arrangements operated by Crooked Compass. Crooked Compass makes no warranty as to the quality of the operators of optional activities. Optional activities may be inherently risky and Crooked Compass will not be responsible to you for any loss, damage, injury or accident that may occur as a result of your participation therein. Any claim you may have in connection with the optional activity must be brought against the activity operator and you indemnify Crooked Compass for any loss or expense incurred by Crooked Compass due to any claim being brought against us as a result of your participation in an optional activity.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your tour, you acknowledge that our obligations to you are limited to arranging for the Independent Supplier to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier (copies available upon request).
To the fullest extent permitted by law, Crooked Compass will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. You warrant that you will not bring a claim against Crooked Compass in this regard. You are responsible for any loss or expense we incur due to any claim being brought against us in breach of this warranty.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of force majeure.
Please note that if the travel arrangements or services which gave rise to the claim complied with local laws and regulations, the travel arrangements and services will be deemed to have been properly performed, even if this would not be considered the case in Australia.
General Liability Limitation
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Crooked Compass disclaims all warranties.
To the fullest extent permitted by law, the maximum liability of Crooked Compass to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
Crooked Compass makes no representations as to the safety, conditions or other issues that may exist at any destination. You should obtain travel advice, including from the Department of Foreign Affairs and Trade (www.smarttraveller.gov.au). Any information provided by us is given in good faith and may not be relied upon as being accurate and does not constitute formal advice. Crooked Compass does not take responsibility if you rely upon this information and fail to obtain your own independent advice.
Should you have a complaint while on the tour, you should inform your tour guide immediately or contact the assistance number on your documentation for an immediate response. If the matter cannot be resolved after the tour guide's best endeavours to do so during the tour, your complaint can be made in writing to Crooked Compass.
Crooked Compass will not be held responsible for issues that were not brought to our attention during the course of a tour.
It is the travel agents' responsibility to ensure that all invoice and itinerary details and documentation issued by Crooked Compass are correct and that the customer is aware of amendment and cancellation conditions and other clauses in these Booking Conditions.
Crooked Compass is a member of the Australian Travel Accreditation Scheme (ATAS) which is administered by the Australian Federation of Travel Agents (AFTA). ATAS travel agents have met strict standards and criteria in order to become nationally accredited. Their accreditation means they are the best in the industry, financially viable, credible, well trained and professional businesses. This means you can book your travel knowing you're in the safe hands of a trusted and reputable travel agent. See www.atas.com.au for more information.
Australian and New Zealand Bookings
All components purchased through Crooked Compass' Australian office are protected by a client trust account where monies are held until your departure or the full cost of your services have been paid for by us, whichever is the earlier. This relates mainly to bookings from Australia and New Zealand.
All clients booking and making payments through a travel agent should satisfy themselves that they are financially protected by the travel agent's own protection scheme, which you should check carefully before purchasing your travel arrangements. Crooked Compass is not financially liable for bookings due to the insolvency of the travel agent.
These conditions cannot be varied, altered or waived by any servant, agent or representative of Crooked Compass or any other person providing services on the tour.
The contract between you and Crooked Compass is deemed to have been made in the State of New South Wales, Australia, and shall be governed by the laws of the State of New South Wales, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of New South Wales, Australia.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.
Crooked Compass Pty Ltd is a limited liability company registered in Australia. Registered Office Dymocks Building, Level 7, Suite 8-16, 428 George Street, Sydney NSW