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Please read these booking conditions carefully, as they apply to all bookings accepted by Crooked Compass Pty Ltd ACN 608 054 646 (Crooked Compass).

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Crooked Compass” means Crooked Compass Pty Ltd.

BOOKINGS

Please call our reservations line on 1300 855 790 or contact your travel agent who will request a reservation on your behalf. A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund, or credit.

SERVICES

We commence providing services to you as soon as we accept your booking. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.

PRICES & EXCLUSIONS

Prices stated are in Australian Dollars ($AUD) and include GST where applicable and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary.

International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.

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.

PRICE SURCHARGES

We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation, fuel or air fare surcharges, or the imposition of new or amended Government charges.

We will not surcharge for currency fluctuations once full payment has been received by us.

DEPOSIT

A 20% deposit per person or $1000 per person (whichever is the greater), is required within 7 days (unless otherwise stated) of us accepting your booking. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).

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 and these services are deemed non-refundable. For bookings under the value of $1000, full payment is required to secure your place.

Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable, or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

DEPOSIT SAFEGUARD $99 PER PERSON PER TOUR

Crooked Compass’ Deposit Safeguard (CCDS) is available to be purchased at the time of placing your initial touring deposit on new bookings for Crooked Compass small group tours.

The CCDS allows travellers to cancel their tour for any reason and transfer the value of their deposit, less any non-recoverable components* to another Crooked Compass small group tour, up until 60 days prior to commencement of your Crooked Compass tour.

Alternative tours must be re-booked for travel within 24 months of cancellation, or your deposit will be forfeited.

The CCDS is not combinable with any other offer and is not intended to replace travel insurance.

CCDS does not apply to the following tours:

Crooked Compass Tours by Design, Crooked Compass by Air, Heart of Africa, Raw Namibia, Afghanistan Uncovered, Kurdistan – The Other Iraq, Uncover North Korea, Forbidden Kingdom of Saudi Arabia, Socotra – the Lost Island, Pitcairn & Her Islands Expedition, Jewels of Timor.

*Non recoverable components include products and/or services provided by third parties such as airfares, permits, visas or other items that may require pre-payment as part of our contracted obligations to deliver your tour. Non recoverable components may vary from tour to tour.

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

Payment in full must be received no less than 60 days before commencement of your trip. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation.

For late bookings (bookings within 60 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a full refund of monies paid.

CREDIT CARDS

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 are accepted. International credit cards are accepted with varying merchant fees dependent upon your location.

CANCELLATIONS BY YOU

Covid-19 credit redemptions

If: (a) we issued you with a credit due to your original travel arrangements being disrupted by Covid-19 and associated restrictions; and (b) you have redeemed that credit for new travel arrangements; then (c) you agree that we will not be obliged to refund you the value of the credit if you cancel your new travel arrangements.

If you cancel travel arrangements that have a value which exceeds the value of your credit (Excess Payment), then we will refund you the Excess Payment amount, less cancellation fees in accordance with the table above (Cancellations by You).

New or changed quarantine requirements

If after we confirm your booking: (a) new or changed quarantine requirements are in imposed by government authorities either in a destination you are due to visit or in your home State or county and these remain in effect 60 days before commencement of travel arrangements booked with us; and (b) these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip not less than 45 days prior to commencement of the first arrangement.

If you cancel travel arrangements in these circumstances, then we will refund payments made by you less: (a) unrecoverable third-party costs and other expenses incurred by us in relation to your travel arrangements; (b) overhead charges incurred by us relative to the price of your travel arrangements; and (c) fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation and in connection with the processing of any refund.

In lieu of the limited refund as set out above, we may [with your agreement] issue you with a future travel credit equal to amounts paid at the time of cancellation. Any future travel credit issued by us will be subject to the terms specified in the ‘Cancellations or Re-scheduling by Us’ section below.

Other cancellations

If you wish to cancel your trip for other reasons, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:

• 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.

Regrettably cancellation charges and fees cannot be waived by Crooked Compass, and you agree these cancellation fees are reasonable to protect our legitimate business interests.

General

You agree that the deductions and cancellation charges specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

For group departures, a transfer of a confirmed booking to another departure date at your request is deemed to be cancellation of the original booking.

ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL

If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:

• An airline or other common carrier refuses you carriage;
• A hotel or vessel refuses to accommodate you; or
• We or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
• If you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.

We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

CANCELLATIONS OR RESCHEDULING BY US

Any credit issued by us:

• Must be redeemed by you within three years of the credit note issuance date
• Is redeemable against the same travel arrangements only, unless otherwise agreed by us
• Is not redeemable for cash
• Is not redeemable against flights or travel insurance

Force Majeure Definition

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

Force Majeure – Prior to travel

If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:

• Reschedule your travel arrangements (in whole or in part), in which case we will issue you with a future travel credit for the subject travel arrangements and subject to the credit terms as specified above; and/or
• Cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).

If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third-party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Force Majeure – During travel

If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third-party costs for cancelled travel arrangements only.

Force Majeure – General

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate.

We will not be responsible to you for any other expenses outside your tour with us or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.

AMENDMENTS BY YOU

We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation.

The following fees will apply for amendments by you:

• Amendments to confirmed and deposited itineraries outside of 60 days prior to departure $250 per change, per person
• Amendments within 60 days prior of departure – $550 per change per person plus any cancellation fees incurred by third parties (fees may be up to 100% of the cost paid)
• Reissue of airline tickets – $100 per person plus airline and other fees that may be imposed

NOTE: Once a booking is confirmed, name transfers are not permitted as this will be regarded as a cancellation – See ‘Cancellation by You’ for applicable fees and details.

Once a tour has commenced, all amendments must be made locally with your guide.

AMENDMENTS BY US

Prior to travel

Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.

During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.

General

To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.

We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.

REQUESTS

Any special requests are made on a request basis only. We cannot guarantee special requests, nor will we assume any responsibility or liability if passengers’ special requests are unable to be fulfilled.

TRAVEL DOCUMENTS

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 endeavour to email your documents before you leave home.

MINIMUM NUMBERS

Our trips are based on a minimum number of passengers travelling. If a trip fails to satisfy minimum numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation.

GUARANTED DEPARTURES

Tours marked as ‘Guaranteed Departures’ are guaranteed to depart, regardless of passenger numbers. However, we reserve the right to withdraw this guarantee and cancel or reschedule the tour due to a Force Majeure event. Tours have been costed on the basis of a minimum of 6 passengers travelling. In the event of a reduction in the numbers of passengers travelling on any specific group tour departure below 6 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.

UNUSED & DENIED SERVICES

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.

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 us.

AIRPORT TRANSFERS

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 only (within our ground supplier’s operating hours). Flight details must be provided to us 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 our 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. We 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.

PRODUCT DESCRIPTIONS, MAPS AND PHOTOGRAPHS

Descriptions of tours, attractions and accommodation provided on this website are based on information provided by our suppliers. Any facilities shown as included may change at any time. We make 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, we cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.

CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.

TRAVEL INSURANCE

It is a condition of your booking that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

HEALTH REQUIREMENTS

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.

We do not employ medical personnel. You must continuously notify us 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 highly recommend that your travel includes comprehensive cancellation coverage.

You release us from any liability for anything relating to a pre-existing health condition. Any necessary medical attention will be provided by a local facility at your expense. We are 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.

VACCINATIONS

It is mandatory for you to be fully vaccinated against Covid-19 with a vaccine approved by the Australian Therapeutic Goods Administration or international equivalent approved by relevant authorities at your destination. This is so we can provide a safe environment (by mitigating health risks) for our staff, our contractors, our suppliers and their staff, and our other customers (as relevant). It also assists to protect the communities you will visit. You agree to provide us with evidence of vaccination at least 30 days prior to the commencement of travel arrangements booked with us.

If you fail to provide evidence of vaccination by the time required, then you acknowledge and agree that this will be deemed a cancellation by yourself. Please refer to the “Cancellation by You” section above.

It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.

HEALTH & FITNESS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice.

If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.

We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.

We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

DIETARY REQUIREMENTS

Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

PASSPORTS, VISAS

It is a requirement that you hold a valid passport (which is valid for at least six months from your last day of travel to the passport expiry date) and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. 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 you. We accept no responsibility for any failure in this respect.

ACCOMMODATION

We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or of a higher standard.

BAGGAGE

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 highly recommended.

SOUVENIRS & ARTEFACTS

Please be aware that it is your responsibility to transport all artefacts on your person for official fumigation and cargo shipping requirements. Never offer your guide or local person money to do this on your behalf unless this is an internationally recognised courier company with insurance and tracking information that can be verified. Further to this, any artefacts purchased on Crooked Compass tours are at your own risk for transportation, damage, insurance and meeting local quarantine laws. Crooked Compass is not able to take responsibility for the transportation or delivery or any goods organised and purchased on tour by you.

MONEY REQUESTED ON TOUR

Whilst every precaution is taken to ensure all services as per your itinerary are pre paid prior to your arrival, in areas where tourism is still being developed, you may on occasion be asked for additional funds for incidentals such as fuel and water. Under no circumstances are you to part with cash to any crew or local person claiming to work for Crooked Compass. Should you be requested to provide such funds, please contact the emergency contact number immediately for support. Crooked Compass is unable to take responsibility without prior authorisation from head office for monies handed over to crew or local persons.

SINGLE TRAVEL/ROOM SHARE

We offer a matching service for solo travellers who are willing to share twin accommodation, saving on single supplements. Only travellers of the same sex will be matched. There are no guarantees that a match will be possible, and we do not warrant the suitability or characteristics of any persons we match. Should you be matched with another person we cannot be held responsible if the choice is not to your satisfaction. Please do not request a room-match if you snore. Please note that a person we match you with is not responsible to provide any assistance to you. If we are unable to find a match, single supplements will apply. 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. Any twin match must understand that the room must be treated as a non-smoking room unless both parties agree otherwise.

REFUSAL OF CARRIAGE

We retain 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.

PRE-DEPARTURE CONTACT

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 TOUR PRICE

Anything not specifically included in the tour is at your own expense. Tours sold as ‘land only’ do not include airfares unless otherwise specified.

AIR TRAVEL – SCHEDULED SERVICES

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.

BOOKING ARRANGEMENTS

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 us 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.

DEEMED ACCEPTANCE

If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

IMAGE RELEASE

When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.

RECREATIONAL SERVICES

Crooked Compass Tours may include 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.

INDEPENDENT SERVICES/OPTIONAL ACTIVITES

We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.

You acknowledge and agree that such activities are operated by third parties and do not form part of the travel arrangements operated by us. We make no warranty as to the quality of the operators of optional activities. Optional activities may be inherently risky, and we 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 us for any loss or expense incurred by you.

RESPONSIBILITY

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 trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them 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, independent transport companies (i.e., vehicles not operated by us) and common carriers.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.

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 where the supplier is not 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.

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.

General liability limitation

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in State 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, we disclaim all warranties.

To the fullest extent permitted by law, our maximum liability 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 them resupplied.

ACCEPTANCE OF RISK

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.

AUTHORITY ON TOUR

When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services, and you will be responsible for any additional costs you incur.

COMPLAINTS

In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.

We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.

TRAVEL AGENTS

Where you make a booking through a travel agent, we are not financially liable for the booking until such time as payment has been received by us.

It is the travel agents’ responsibility to ensure that all invoice, itinerary details and documentation issued by us are correct and that the customer is aware of amendment and cancellation conditions and other clauses in these Booking Conditions.

GENERAL

The contract between Crooked Compass Pty Ltd trading as Crooked Compass and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.

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.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published https://www.crooked-compass.com/privacy-policy/

 

 

Updated: [15 November 2021]