Terms & Conditions
Terms and Conditions
These are the Terms and Conditions of business of Toursmith International Pty Ltd (ACN 642 184 825).
Please carefully read and ensure you understand the following terms and conditions as they set out the basis upon which we accept all bookings. If you decide to travel with Toursmith International and make payment for a tour, you do so on the understanding that you have accepted the terms and conditions of the contract. We reserve the right to amend our terms and conditions from time to time.
1. Price and Validity
1.1 Tour prices are based on certain costs as they apply at time of booking.
1.2 Tour prices are quoted in Australian Dollars (AUD). Where overseas costs are incurred in foreign currencies, the final tour price may be subject to fluctuations in currency exchange rates between the time of booking and the time of final payment. In the event of significant adverse currency movement, Toursmith International reserves the right to adjust the tour price accordingly. Any such adjustment will be notified to you in writing prior to the balance of payment being due.
1.3 Once full payment has been received, the tour price is locked in and will not be subject to further currency adjustments.
2. Responsibility and Assumption of Risk
2.1 Upon receipt by us of your booking form and your deposit payment (see clause 3.1), a binding Contract between you and Toursmith International is in place. These Terms and Conditions are an integral part of the contract. If you list one or more other persons on the booking form, you agree that you will be personally responsible for all obligations ensuing from this Contract which concern you and the other persons booked and you warrant that you have authority to agree to these Terms and Conditions on behalf of any such other person.
2.2 Except to the extent that this waiver may be prohibited or restricted by the Competition & Consumer Act, Australian Consumer Law or other legislation that may exist from time to time in Australia, you hereby release Toursmith International, its employees and agents, and any licensor or licensee of it, from all claims and actions that you have, or may have at any time in the future, against them or any of them, howsoever arising, for personal injury, death, property damage or any other loss, damage or expense that you may suffer as a result of your participation in any tour organised with or in conjunction with Toursmith International.
2.3 You are aware that your tour inherently may involve risks that may arise in the normal course of any overseas tour. You accept all the inherent risks and the possibility of personal injury, death, property damage, or loss. You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks associated with such travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for your participation.
2.4 Notwithstanding any other provisions that may exist, you release Toursmith International from any and all liability to you or anyone claiming through or under you by way of subrogation or otherwise, including by your insurer, for any loss or damage for which you are entitled to receive compensation under a travel and/or cancellations insurance policy.
2.5 Toursmith International will not be responsible or liable for loss, damage or robbery of travel documents, baggage or other possessions.
2.6 In entering into the Contract, you are not relying on any oral, written or visual representations or statements by Toursmith International or its staff or other agent or representative or any other inducement or coercion to go on the tour other than its official published material. In deciding to book a tour with Toursmith International, you have made your own enquiries as to the suitability of the tour and all aspects of it and you have satisfied yourself, based upon those enquiries, that it is a tour that you wish to undertake.
2.7 You confirm that you are over the age of 18 years and that you have read and understood the terms and conditions of the Contract prior to signing the booking form and agree that the Contract will be binding upon your heirs, next of kin, executors, administrators and successors.
3. Booking Confirmation and Payment Terms
3.1 In order to confirm your booking, you are required to complete a booking form and make a deposit payment as described on the booking form.
3.2 Final payment is due as quoted on the booking form.
3.3 Credit card payments are accepted. Merchant fees and bank surcharges apply.
4. Booking Transfer or Cancellation by You (the Client)
4.1 If you wish to cancel your tour, cancellation will take effect upon receipt by Toursmith International of your written notice.
4.2 Toursmith International conducts and/or facilitates small and specialised tours. The conduct and pricing of the tours are dependent upon a minimum number of clients booking for the tours. As such, once a client has signed and delivered the booking form and paid the booking deposit, Toursmith International will consider that that client together with any other clients listed in the booking form will proceed with the tour. Toursmith International will, in reliance upon such matters, provide confirmations and make arrangements. As a result, any decision by a client to cancel, for whatever reason, may potentially affect the viability, conduct or costing of any specific tour. For that reason, the client acknowledges that if he or she seeks to cancel the tour, for any reason, he or she will still be liable to pay the full cost of the tour. The client acknowledges the reason for this provision and acknowledges that the reason is, in the circumstances, reasonable.
4.3 Notwithstanding clause 4.2, if the client is able to provide a suitable replacement traveller to take their place on the tour, or if Toursmith International is able to resell the cancelled place, then the client will be entitled to a refund of monies paid, less any reasonable administrative or third-party costs incurred.
4.4 Toursmith International requires all clients to take out suitable travel insurance (see clause 7.1) that covers cancellations and curtailments.
5. Cancellation by Toursmith International
5.1 Toursmith International will use its best endeavours not to cancel any tour but it may need to do so in the event of:
5.1.1 An act of force majeure; or
5.1.2 It not obtaining a sufficient number of clients for a tour for which the client has booked.
5.2 In the event of cancellation as a result of an act of force majeure, Toursmith International will refund to the client all amounts paid by the client to Toursmith International save to the extent that it is not able to recover amounts from third party suppliers.
5.3 In the event of cancellation as a result of Toursmith International not obtaining a sufficient number of clients for a tour for which the client has booked, Toursmith International will refund to the client all amounts paid by the client to Toursmith International, including a refund of the deposit.
6. Force Majeure
6.1 Toursmith International will not be responsible for the performance of the contract if prevented or delayed by acts of God, strikes, or other industrial relations matters, accidents, weather, traffic, airport conditions, lack of performance by third party suppliers, whether suppliers to Toursmith International or otherwise, also to include cancellations of or variations to any proposed flights or other forms of transport, or other circumstances beyond its control, including cancellation by a third party.
7. Mandatory Travel Insurance
7.1 Due to the adventurous style of travel offered by Toursmith International, it is a condition of travel with Toursmith International that all clients are covered by travel insurance prior to departure, and that they maintain such insurance for the duration of the tour. Insurance must cover personal accident and medical expenses, evacuation and repatriation, baggage loss, and cancellation or curtailment of holiday sufficient to indemnify you, for any reasonably foreseeable loss. Your insurance details must be supplied to us prior to final payment and if you fail to provide the requested insurance information at the time requested, we reserve the right to cancel your booking. In that event, you will not be entitled, unless Toursmith International otherwise agrees in writing, at its sole discretion, to any refund and you will remain liable to pay any amounts that are due and payable in accordance with these terms and conditions.
7.2 If you are not, for whatever reason, covered by a travel insurance policy, the responsibility remains with the client and Toursmith International specifically declines any responsibility whatsoever.
8. Optional Activities
8.1 Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
9. Health, Fitness, and Medical Conditions
9.1 It is your responsibility to ensure that you are suitably fit to participate in the tour. By making a booking, you warrant that you are in good physical and mental health and that you have disclosed to Toursmith International any medical conditions, dietary requirements, or other circumstances which may affect your ability to fully participate in the tour.
9.2 Toursmith International reserves the right to decline a booking or remove a client from a tour if, in the reasonable opinion of the tour leader, the client’s health, conduct, or condition may endanger the health, safety, or enjoyment of themselves or other participants. In such circumstances, no refund or compensation will be payable.
9.3 It is your responsibility to obtain any vaccinations or other medical precautions required for travel to the destinations included in the tour.
10. Passports, Visas, and Travel Documentation
10.1 You are solely responsible for ensuring that you are in possession of a valid passport, visas, permits, and all other documentation required for the tour.
10.2 Toursmith International does not accept any responsibility if you are refused entry into a country due to incorrect, insufficient, or missing travel documentation. Any costs, expenses, or losses incurred as a result will be entirely your responsibility.
11. Compliance with Laws, Customs, and Behaviour
11.1 You agree to comply with all local laws, regulations, customs, foreign exchange, and drug regulations of each country visited.
11.2 You agree to respect local cultures, traditions, and sensitivities. Any behaviour deemed dangerous, offensive, disruptive, or threatening to other participants or local communities may result in your removal from the tour without entitlement to any refund or compensation.
11.3 The authority of the tour leader or local representative is final on all matters likely to affect the safety, well-being, or enjoyment of the tour. Failure to comply with instructions may result in your exclusion from the remainder of the tour.
12. Third-Party Suppliers
12.1 Toursmith International acts as an agent only in securing or arranging services provided by third-party suppliers such as airlines, hotels, transport providers, and local operators.
12.2 These third parties are independent contractors and are not agents or employees of Toursmith International. Toursmith International is not responsible for the acts, omissions, negligence, or failures of any such third-party suppliers.
12.3 Any services provided by third-party suppliers are subject to the terms and conditions of those suppliers, and you agree to be bound by those terms and conditions.
13. Wildlife Experiences and Natural Phenomena
13.1 Some tours offered by Toursmith International include opportunities to experience wildlife in their natural environment, such as swimming with whale sharks or viewing Komodo dragons. We will always use our best endeavours to give you the best possible chance of such encounters.
13.2 You acknowledge, however, that wildlife and natural phenomena are beyond the control of Toursmith International and therefore sightings or encounters cannot be guaranteed. The absence of wildlife sightings or natural events shall not constitute a failure by Toursmith International to perform its obligations under this Contract, nor shall it entitle you to any refund, price reduction, or other compensation.
13.3 You further acknowledge that wildlife encounters may involve inherent risks, and by choosing to participate you do so voluntarily and at your own risk.