The www.creativeholidays.com website (the “Site")
is owned and operated by Creative Tours Pty Ltd (ABN 23 003 286 459) trading as
Creative Holidays. In these booking terms and conditions the expressions "Company",
"Creative Tours", “Creative Holidays”, "we", "our"
or "us" include Creative Tours Pty Ltd and entities that assist or participate
with Creative Tours Pty Ltd in the provision of the services it agrees to provide
(where the context permits, including its and their employees and agents) and the
expressions "you", "your", "client" or the "passenger"
include a person seeking or requiring the services offered by Creative Tours, all
other persons (if any) included with that person in the booking and that person’s
or those persons’ travel agent (if any).
Creative Tours arranges bookings, ticketing and other
ancillary services of and related to travel and accommodation including but not
limited to, air travel, transfers, car hire and leisure activities (“Travel Products”).
Creative Tours is neither a common carrier nor a private carrier, and does not itself
provide any of the Travel Products described in its brochures or on the Site. Creative Tours acts as your agent in making
the arrangements with third party suppliers, who provide the Travel Products to
you as principals (“Suppliers”), and is not the agent of any such Supplier.
By booking any Travel Products, you (if booking directly
or through a travel agent) and your travel agent on your behalf (if booking through
a travel agent) acknowledge and confirm that you have read our booking terms and
conditions, that you accept them without reservation as constituting the entire
agreement between you and us which cannot be varied other than by an officer of
the Company in writing.
Bookings of all Travel Products we arrange are provided
by Suppliers we believe to be reputable and to operate in accordance with the standards
set down by their own local authorities. Those Travel Products are provided subject
to those Suppliers’ terms, conditions and limitations (some of which may exclude
or limit liability in respect of death, injury, delay, loss or damage to person
and/or effects) and we accept no responsibility for them nor do we make or give
any warranty or representation as to their standard, quality or fitness for any
particular purpose. Any legal recourse you may have in respect of those Travel Products
is against those Suppliers and not against us.
We recommend all passengers take out adequate travel insurance
for the duration of their travel.
All Travel Products shown in our brochures and on the
Site may be booked, subject to availability at the time of booking.
QUOTES AND PRICES
We endeavour to ensure the accuracy and currency of all
prices displayed in our brochures and on the Site. Prices are:
specified in the currency stated in
the brochure or on the relevant page of the Site (generally either in Australian
dollars or New Zealand dollars) and are subject to change without notice;
indicative only and subject to change
until all of your booking details have been provided to us and we have confirmed
your booking; and
for the number of persons or items on the conditions stated
in the brochure or on the relevant page of the Site, including but not limited to
any hover box.
The expression “from” with respect to a price means the
lowest price for the Travel Product we believe is available at the time of publication,
based on information we have received from Suppliers.
Itineraries and Quotes
You may build an itinerary on the Site and obtain a quote
from the Site or by contacting our Call Centre or through a travel agent. Any quote
is an estimate only of the current price and subject to change until a booking is
confirmed and you receive a unique Creative Tours booking number or, if a quote
for an airfare, until it is paid and ticketed. Payment
terms are subject to individual Supplier requirements and will be advised at the
time of booking.
Taxes, Charges and Currency Fluctuation
Government taxes and charges imposed by Suppliers or third
parties (including ticketing fees and airline fuel surcharges) are subject to change.
If there are any increases in such taxes, charges or Supplier rates or any currency
fluctuation which increase the price of your booking, we reserve the right to change
the price you must pay by including the additional charges or amount (together with
any applicable service fee and GST) at any time prior to and including the date
of your departure, even if we have received full payment from you.
We will notify you of any such price changes that result
in your travel arrangements being materially different from those prior to the change
being effected and in respect of which we have already accepted your deposit or
full payment. If so, and you do not wish
to alter your travel arrangements, you may cancel them and monies you have already
paid, less any charges levied by Suppliers, will be refunded. Any refund will be
calculated at the currency exchange rate that applied when the booking was confirmed.
We reserve the right to correct any errors in fees, charges,
rates or prices quoted or billed, even if we have received full payment from you.
What's Not Included
in the Holiday Price
The price does not include airfares (unless otherwise
stated), passport and visa fees, insurance, laundry, phone calls, beverages, meals
not detailed in the itinerary, tips to tour guides, motor coach drivers and local
city guides, items of a personal nature, excess baggage, expenses, fees or costs
incurred in case of illness, or of refusal of entry to, detention in, or expulsion
or repatriation from a country or part of a country. We are not liable for any expense,
costs or loss incurred in relation to such matters and you release us from all liability,
damages or responsibility in relation to them.
Payment for all Travel Product bookings can be made via:
American Express, MasterCard, Visa
For credit cards a fee of up to 2% of the total costs
of the booking will be applied at time of payment.
Depending on the Supplier’s terms and conditions
of booking, you may be able to hold a Travel Product without payment, pay a deposit
for it or you may be required to make an immediate payment in full.
You will be notified whether a Travel Product may be held and the period it may
be held. If held, you must pay a deposit or full payment in accordance with these
terms and conditions and the notification (generally within 5 days of it being held,
unless your date of travel is less than 10 days from notification).
– Unless otherwise notified you must pay a deposit to secure the booking.
The deposit is a minimum of $165 per person, together with any prepayment
specified by the relevant Supplier. You must pay the balance of the price at least
14 days prior to the earliest travel date or earlier if we or the relevant Supplier
Immediate payment – You will be notified if any Travel Product within a booking
requires immediate payment in full. You must
make that payment immediately to secure the Travel Product at the notified price.
If you fail to make any required payment outlined above,
your booking is automatically cancelled unless we notify you otherwise in writing.
A travel agent who makes a booking at your request is
your agent and is not the Company’s agent for the purpose of receipt of the deposit
or any part of the price.
Except during peak seasons (such as Christmas-New
Year), for special events (such as cultural or sporting events) and other “black
out” periods nominated by a Supplier, the following benefits apply to any Travel
Product identified with our “Creative Club” logo:
Price Match Guarantee
Except for bonus offers and inclusions offered by a Supplier
exclusively to a third party, we will match our gross
price to a third party’s gross price for a Travel Product if:
it is based on the same currency as
our quote or the offer on our Site (i.e. Australian or New Zealand dollars);
the third party’s Travel Product (including
any bonus offers, added value or inclusions) and ours are identical;
you provide us with the third party’s
written quote, which indicates its availability at the time of the price match in
the country of the currency you require the price matched;
you have not booked that Travel Product;
the Travel Product has not previously
been price matched; and
you pay for the Travel Product in full when we have matched
Added Value Bonuses and Special Upgrade Offers
Subject to availability and to these terms and conditions,
we will use reasonable endeavours to ensure you receive the added value bonuses
and upgrade offers referred to in the description of Travel Products identified
with our “Creative Club” logo. We may, at
our sole discretion, withdraw any added value bonus or upgrade offer for any reason
and at any time.
AMENDMENTS, REISSUES AND REFUNDS
If we are entitled to cancel the booking of any Travel
Product and we cancel it or if you cancel it (unless these terms and conditions
otherwise specify) the following applies:
Cancellation after Deposit is Paid
You must pay any Supplier/airline
Your deposit ($165 per person) will
be available to apply to the cost of other Travel Products for 90 days after the
date of cancellation and, if not so applied, will thereupon be forfeit to us.
Cancellation after Full Payment
You must pay any Supplier/airline
is no refund of or credit for the deposit.
return to you any amount refunded to us by the Supplier.
Amendments to a Booking
After your travel has commenced, there can be no refund
in respect of any Travel Products not utilised whether by choice or because of late
arrival or early departure, including failure of any transport to operate according
to schedule. Employees of any Supplier are not authorised by us to give any undertakings
in respect of refunds or other matters.
Liability AND RESPONSIBILITIES
We arrange the provision of Travel Products which are
provided by Suppliers. We do not ourselves provide the Travel Products you may receive
on your holiday.
Suppliers Terms and Conditions
Supply of the Travel Products is made, and all itineraries,
coupons and exchange orders (collectively “vouchers”) are issued to you,
upon the Supplier’s terms and conditions that are then in use, including as to the
applicable laws, requirements and policies of any government authority related to,
among others, visas, entry, exit or transfer requirements.
Your acceptance of the vouchers constitutes those terms and conditions as
the entire agreement between you and the relevant Supplier and you bear all costs
or losses incurred as a consequence of your failure to comply with them.
Exclusion of Liability
In the absence of our negligence, we are not liable for
any cancellations, diversions, substitution of equipment, variations, postponements
or any other act, omission or default (whether negligent or otherwise) of any Supplier
nor are we liable for any loss or damage to baggage or property, injury, illness
or death, or any other loss (including consequential loss) damage or claim whatsoever
arising from the act, error, omission, default or negligence of any person not our
direct employee or under our exclusive control.
We are not responsible for any criminal conduct of any
Where a motor coach seat is fitted with a safety belt,
neither we nor any Supplier concerned will be liable for death, injury, or any loss
or damage whatsoever you suffer from any accident or incident if you are not wearing
the safety belt at the time of such accident or incident.
We are not liable for any injury, damage, loss, delay,
additional expenses or inconvenience caused by your acts, omissions or defaults,
your state of health, medical condition or circumstances or other reasons which
are beyond our control, including force majeure events or failure of equipment or
To the extent permitted by
law, all express and implied warranties, guarantees, representations or terms are
Where the law implies any warranty
guarantee or condition which cannot be excluded, our liability to you for breach
thereof is limited to supplying the services again or payment of the cost of having
the services supplied again.
Despite any other provision
of these terms and conditions, to the extent permitted by law, our maximum liability
to you or any third party is limited to the price you have paid us for the booking.
We reserve the right to cancel or reschedule departures
and itineraries if required by circumstances beyond our control.
Where it is necessary to change a hotel we will endeavour to substitute accommodation
of no lesser standard.
We recommend you purchase travel insurance against forfeiture
of payment, loss of deposits, cancellation charges, baggage loss, medical expenses,
theft and other contingencies. We make no representations as to what you may recover
under any insurance. You agree not to hold
us responsible for any decision of insurers, and/or any Supplier, or the requirements
of any foreign government authority, foreign law or policy.
You must ensure names used to make a booking are exactly
as appear in passports.
Any name/initial or spelling changes made after booking confirmation may result in Supplier
imposed fees and/or you being unable to travel.
Passports, Visa, Vaccinations and Baggage
A visa does not guarantee you entry to, or permission
to remain in, a country. Some countries may refuse entry or may detain, expel or
repatriate you because of your state of health, medical condition or other reasons.
You are responsible for all visas, entry, health and other requirements and all
documents required by the laws, regulations, orders and/or requirements of countries
you intend to visit. You should check the
requirements of those countries with their embassies or consulates or other authorities.
We accept no responsibility if you are refused entry into
any country you intend to visit and you release us from all damages, expenses, costs,
liabilities or loss you incur in relation to such matters.
To ensure the safety of yourself and others, it may be
necessary for us to disclose details of your health or medical condition to Suppliers. You authorise us to make such disclosure and
you agree that our doing so is not a breach of confidence or duty and that you will
not hold us liable in tort, in contract or under any privacy or anti-discrimination
Brochure and Site Accuracy
We endeavour to ensure that the brochure is accurate at
the time of publication and that the Site is and remains
accurate at all times. However, we cannot be held responsible for printing or typographical
errors or errors arising from unforeseen circumstances.
Hotel Locations and Descriptions
Maps in our brochures and on the Site are provided only
as a guide to locations and maps on the Site are powered by Google maps. Hotel descriptions
featured are based on current international hotel guides and information provided
by hotels and Suppliers. Descriptions are provided as guidelines only and any facilities
shown as included are subject to change at any time. Hotel room photographs may
not be specific to rooms booked.
To guarantee charges for incidental items, Suppliers require
validation of a current credit card upon check-in.
Room Bedding Guide
Prices in the brochure and on the Site are based on existing
bedding in the room. Requests for particular arrangements must be made at the time
of booking and are not guaranteed. Requests such as twin share - separate beds,
additional rollaway beds may be made at time of check-in and charges are payable
direct to the hotel. The ‘Bedding Guide’ is provided as guidelines only and are subject to change at any time.
Standard of Service
The standard of service in your holiday is based on various
factors and we do not represent or guarantee a particular standard or fitness for
purpose of the accommodation or services provided.
Frequent Flyer Points
Airfares may or may not attract Frequent Flyer points.
This decision rests with the airline and is at the sole discretion of the airline.
Supplier Loyalty Programs
Travel Products may or may not be eligible for credit,
rewards or points in a Supplier’s own loyalty program or a third party Frequent
Flyer program. This decision rests with the supplier and is at the sole discretion
of the supplier.
We endeavour to ensure that the arrangements we have made
for you are implemented as arranged. If a problem occurs, the most practical way
to deal with it is to attempt resolution locally with the Supplier. If you fail
to follow this course, any claim for compensation may be reduced or denied. If you
have any unresolved complaint, details should be lodged in writing (with supporting
documentation, including efforts made with the Supplier to resolve it) with your
travel agent or directly with us within 30 days of your holiday concluding.
We will handle your personal information in accordance
request. Your booking of any Travel Product constitutes your representation to us
By using the Site to browse and/or book any Travel Product,
you represent to us that you have read our User Agreement posted on the Site and
you accept its application to you.
Law and Jurisdiction
The agreement between us and you in respect of the services
to be provided is constituted solely by these terms and conditions and is governed
by the laws of New South Wales, Australia. We and you submit to the exclusive jurisdiction
of the Courts of New South Wales and the Courts of appeal therefrom.
Understanding these Terms and Conditions
If you do not understand any aspect of these terms and
conditions you should seek advice from an appropriately qualified person.