The website of www.creativeholidays.com ("the Site") is owned and operated by Creative
Tours Pty Ltd ABN 23 00 328 6459. On this website and in these booking conditions
Creative Tours Pty Ltd and entities that are related or affiliated with it in the
provision of the services it agrees to provide (where the context admits, together
with its and their employees and agents) are included in the expressions the "Company",
"Creative Tours", "we", "our" or "us" and a person taking advantage of 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) are included
in the expression "you", "your", a "client" or "passenger".
Creative Tours sells bookings, ticketing and other ancillary services of and for
travel, accommodation and other leisure activities (“Arrangements”). Creative Tours
is not a common carrier nor a private carrier and does not provide any of the travel,
accommodation or other activities described on this website or in it’s brochures
(“Travel Products”). Creative Tours acts as your agent in making the Arrangements
with third party suppliers who provide Travel Products as principals (“Suppliers”).
Creative Tours is not the agent of any such principal.
Travel Agreements and Travel Products: Booking of travel arrangements
and payment for Travel Products shall be considered proof that your travel agent
on your behalf or you (if booking directly) have read our booking conditions, that
you accept them without reservation as constituting the entire agreement between
you and the Company which can only be varied by an officer of the Company in writing.
All Travel Products arranged by the Company are provided by Suppliers believed by
the Company 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 passenger’s
person and/or effects) and the Company accepts no responsibility for them and does
not make or give any warranty or representation as to their standard. Any legal
recourse you may have in respect of those Travel Products is against those Suppliers
and not against the Company. The Company recommends that all passengers take out
adequate travel insurance cover valid for the entire duration of their travel arrangements.
Changes in Price and Itineraries: Prices are in Australian dollars
(except where stated otherwise) are correct at the time of printing and are subject
to change without notice. The price that is applicable at any time is that which
is quoted at that time by the Company’s computer based system. Some prices can only
be guaranteed at the time the booking is made and may differ from that quoted as
it is based on the “best available rate of the day from the supplier”. Government
taxes and charges imposed by Suppliers or third parties, including airline fuel
surcharges, taxes or ticketing fees are subject to change. If any increase in such
taxes or charges or any currency fluctuation increases the price of your booking,
the Company reserves the right to adjust your price by including additional charges,
together with any applicable service fee and GST, at any time prior to our issuing
your travel documentation following receipt of the balance of your price. We will
notify you of schedule or price changes made by our Suppliers for any reason beyond
our control. If the change or changes result in your travel arrangements costing
more, or otherwise being materially different from those prior to the change or
changes being effected (and in respect of which we have already accepted your deposit
or balance of payment) you may rearrange them or withdraw and monies already paid
will be refunded less any charges levied by Suppliers. Any quote given is an estimate
only of price and is subject to written confirmation, which will contain a unique
Creative Tours booking number, when accepted by a passenger within 5 days of the
quote being given. The Company reserves the right to correct any errors in amounts
quoted, calculated or billed in respect of a booking, even if full payment has been
Deposit & Payment
Online Bookings: All payments for bookings for any products acquired
via the Company website must be paid in full by Credit Card (American Express, Visa
or Mastercard). You must therefore provide us with all the required details. A credit
card fee of 2% is not included in pricing on this site, and will be added to the
total cost of the booking at time of payment.
Travel Agent Bookings: A travel agent making any booking is not
the Company’s agent for the purpose of receipt of the deposit, additional deposit
or the balance of the price. International bookings (for travel from Australia):
a deposit of $165 per person is payable within 5 days of confirmation of your reservation. Domestic
bookings: (for travel within Australia). a deposit of $55
per person is payable within 5 days of confirmation
of your reservation. You will be notified at the time of your reservation if any
additional deposit (including supplier advance payment) requirements apply. If payment
of the deposit or any supplier advance payment or additional deposit has not been
received by the Company within the time specified, the booking is subject to cancellation
Payment of the balance of the price of your holiday arrangements is due to the Company
no later than 35 days prior to departure. If for any
reason we have not received payment by the due date, we reserve the right to treat
the booking as cancelled and to apply the appropriate cancellation charges.
Late Bookings: Bookings made within 35
days of departure will only be accepted if payment of the price in full is received
by the Company at the time of reservation and, if made within
5 days of departure, is by credit card or other means approved by the
Company that secures payment of any cancellation fees if the booking is subsequently
Prices and Invoice Errors
- The Company endeavours to ensure that all prices listed on the Site
are accurate and up-to-date. However, due to exchange rate fluctuations or increases
in supplier rates, the Company reserves the right, up to and including the date
of check-in, to adjust any fees, charges or prices as necessary, even if the Products
acquired have been paid for in full, to reflect such cost increases passed onto
- The Company reserves the right to correct any errors in fees, charges,
rates or prices quoted or billed, even if the Products acquired have been paid for
Cancellations, alterations, refunds and reissues
If you cancel or terminate your holiday you will forfeit the full payment made.
For this reason the Company strongly recommends that your travel insurance policy
includes cover for cancellation charges in the event of cancellation due to illness
or other circumstances. This may result in a delay in processing any refund due
as we await advice of cancellation charges by airlines, hotels and ground/cruise
Cancellation prior to final payment: There will be no refund of
your deposit or of any supplier advance payment or additional deposit, where applicable.
Cancellation after final payment: There are no refunds available.
For this reason, the Company strongly recommends that your travel insurance policy
include cover for cancellation charges in the event of cancellation because of illness
or other circumstances.
Alteration of a booking after issue of booking documents (including electronic issue)
- in addition to any charges levied by hotels, ground/cruise operators or airlines:
- If the alteration is within the
same package, a service payment of $55 per booking
- If the alteration involves transfer
to another package, supplier cancellation fees may apply in addition to the service
payment of $55 per booking.
Refunds: No refund is available for cancellations after your travel
has commenced or in respect of any tours, accommodation, meals or any other services
not utilized whether by choice, or because of late arrival or early departure, including
failure of any transport to operate according to schedule. Please note that employees
of any supplier are not authorized by the Company to make any undertakings in respect
of refunds or other matters.
What's Not Included in the Holiday Price: Passport and visa fees,
insurance, laundry, phone calls, beverages, meals not detailed in the itinerary,
tips to Tour Directors, 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, detention in, or expulsion or repatriation from a country or
part of a country. The Company is not liable for any expense, costs or loss incurred
in relation to such matters. You agree not to hold the Company responsible for any
Insurance: You should arrange your own insurance. The Company recommends
travel insurance against loss of deposits through cancellation charges, baggage
loss, medical expenses and theft. The Company makes no representations or guarantees
concerning reimbursements of funds paid by you under any insurance claim. You agree
not to hold the Company responsible for any decision made by insurers, and/or by
any suppliers, or requirements of any overseas country or governmental authority
or overseas laws and policies.
Passports, Visa, Vaccinations and Baggage: A visa does not guarantee
you entry to a country or permission to remain in it. Some countries may refuse
entry because of your health, condition, or other circumstances or for other reasons,
or may detain, expel or repatriate you. It is your responsibility to find out about
applicable entry and other requirements of overseas countries you are intending
to visit. These things are not our responsibility. You should check with the embassies
or consulates or other authorities of the countries in which you intend to travel
for any health, entry or visa requirements that are applicable and you should make
the appropriate disclosures as required. A failure to disclose a health condition
may result in the applicable country refusing you entry, or in you being detained,
expelled or repatriated from it. The Company and/or its servants and agents accept
no responsibility if you are refused entry into the country/countries of your destination.
The Company and/or its servants and agents are not liable for any expenses, costs
liabilities or loss incurred in relation to such matters. You agree to not hold
the Company including its servants and agents responsible for any such thing. The
Company/and or its servants and agents are not responsible for any disclosures of
a health condition made by other suppliers who provide services on the holiday or
for the acts of any governmental instrumentalities of the countries connected to
your holiday. You are responsible for all visas, entry, health and other requirements
and any documents required by laws, regulations, orders and/or requirements of countries
visited. The Company and/or its servants and agents are not responsible for passport
and visa requirements or for any loss you sustain for failing to comply with laws,
regulations, orders and/or requirements of countries visited. To ensure the safety
of all passengers, including you, it may be necessary for the Company and/or its
servants and agents to disclose your condition of health to suppliers of other services
connected with your holiday. You authorise the Company and/or its servants and agents
to make such disclosure on your behalf and agree that a disclosure by the Company
and/or its servants and agents shall not amount to a breach of confidence or duty
and you will not hold the Company and/or its servants and agents liable in tort
(actionable wrong) or in contract or under any anti-discrimination laws.
Hotel Locations and Descriptions: Please note that maps on this
website are not to scale and are provided only as a guide to locations. Hotel descriptions
featured are based on current international hotel guides and information provided
by hotels and Suppliers and any facilities shown as included are subject to change
at any time. Hotel room photographs may not be specific to actual room occupied.
Hotel Check-In: To guarantee charges for incidental items, suppliers
require validation of a current credit card upon check-in.
Room Bedding Guide: Prices on this website are based on existing
bedding in the room. Requests for particular arrangements must be made at the time
of booking. eg. twin share - separate beds, additional rollaway beds may be arranged
at time of check-in and charges are payable direct to the hotel. Please note that
the ‘Bedding Guide’ is provided purely as a guide, which may change, subject to
hotel renovations or other circumstances.
Holiday Variations: If unforeseen circumstances beyond our control
require us to make necessary changes to your holiday, we reserve the right to cancel
or reschedule departures and itineraries. Where it is necessary to change a hotel
the Company reserves the right to substitute accommodation of at least a similar
Frequent Flyer Point: Airfares may or may not attract Frequent
Flyer points. This decision rests with the airline and is not the responsibility
of the Company. For further information please contact the airline directly.
Passport Checks: You are required to ensure names being used to
make a booking with the Company are exactly as those appearing in the passports.
Any name/initial or spelling changes will incur a $55
fee per change plus any airline imposed fees.
Limitations and Liability
The Company arranges your holiday, which will be provided by other suppliers. The
Company has offices in Sydney and USA. The Company sells holidays in Australia that
are arranged by the Company or by entities related to or affiliated with it. The
Company provides you and other passengers with bookings, arrangements, ticketing
and other ancillary and related services. The Company does not itself provide the
transport, accommodation, meals or other facilities described on this website that
you may receive on your holiday, all of which are provided by air and land carriers,
cruise operators, hoteliers or suppliers of other services as principals. The Company
agrees to make the reservations with the principals offering the services described
on this website on these terms and conditions. All coupons, exchange orders, contracts,
tickets or vouchers issued by the Company (collectively "vouchers") are issued subject
to all tariffs terms and conditions contained in the contracts in use by the principals
when used and constitute the sole contract between the principal and the passenger.
Acceptance of such vouchers constitutes acceptance of the foregoing.
Responsibility: The Company shall be responsible to the passenger
for arranging supply of the services described on this website, except where such
services cannot be supplied or the itinerary used is changed due to delays or other
causes of whatever kind or nature beyond the control of the Company. In such circumstances,
the Company will do its best to arrange supply of comparable services and itineraries
and there shall be no refund in this connection. In the absence of its own negligence,
neither the Company nor any agent or affiliate has any liability for any cancellations,
diversions, substitution of equipment, variations, postponements or any other act,
omission or default of air or land carriers, cruise operators, hoteliers or hotels,
transport companies or any other suppliers nor for any consequences thereof such
as changes in services, accommodation or facilities. In the absence of its own negligence
neither the Company nor any agent or affiliate shall be liable for any loss or damage
to baggage or property, or for injury, illness or death, or for any damages or claims
whatsoever arising from loss, negligence, delay or from the act, error, omission,
default or negligence of any person not its direct employee or under its exclusive
control, including any act, error, omission, default, or negligence of any country,
government or governmental authority, officer or employee. Neither the Company nor
any agent or affiliate is responsible for any criminal conduct by any third parties.
All bookings agreed to be made by the Company with the provider of any transport
or other services are subject to the terms and conditions imposed on such suppliers
in relation to matters that may not be expressly the subject of our agreement with
them and, in particular, to the applicable laws, requirements and policies of any
government, governmental authority or employee including, visa, entry, exit or transit.
Where the passenger occupies a motor coach seat fitted with a safety belt, neither
the Company nor any agent, affiliate or supplier concerned will be liable for any
injury, illness or death or for any loss damage or claim whatsoever arising from
any accident or incident if the safety belt is not being worn at the time of such
accident or incident. The Company accepts responsibility only for the services it
provides. The Company does not accept responsibility or liability for any acts,
omissions or defaults whether negligent or otherwise, of suppliers. Neither the
Company, nor any agent or affiliate accepts any responsibility or liability of any
nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise)
of any governmental authorities, their officers, or employees or of any employees,
or agents of airlines, air carriers, coach operators, other land carriers, shipping
companies or operators, cruise or ferry operators, any other transport providers,
hoteliers or other accommodation providers, any other facilities providers, tour
directors, tour guides, travel agents, or the providers to you of meals, other goods
or other services on your holiday or in relation to it and over whom the Company,
its agents or affiliates have no direct control. Neither the Company nor any agent
or affiliate accepts any responsibility or liability of any nature whatsoever including
but not limited to contract, in tort or under any other law for any injury, damage,
loss, delay, additional expenses or inconvenience caused by your own acts and/or
omissions, or other events which are beyond their control including force majeure
or other events including but not limited to war, civil disturbance, fire, floods,
severe weather, acts of God, acts of government or any other authorities, failure
of equipment or machinery. Neither The Company nor any agent or affiliate accepts
any liability or responsibility for any terms, conditions or requirements of any
third party who provides some service in the course of your holiday. If you decide
that you do not want to visit a country or part of a country you intended to visit
because of any law, condition or requirements of any government or governmental
authority, official, servant or agent, you are responsible for any costs, expenses,
charges, fees, losses or damage incurred as a consequence and any cancellation or
amendment fees. Neither the Company nor any agent, accepts any responsibility or
liability for your acts, omissions, defaults, conduct, state of health, condition
or circumstances. Every effort is made to ensure website accuracy at all times.
However, the Company cannot be held responsible for printing or typographical errors
or errors arising from unforeseen circumstances.
Other Conditions: It is your responsibility to comply with the
terms, conditions and requirements of any service provider, or any country or governmental
authorities, or to bear any costs or losses incurred as a consequence of you not
complying with them.
Standard of Service: The standard of service in your holiday is
based on various factors and neither the company nor its servants or agents represent
or guarantee the standard or fitness for purpose of the accommodation or services
Law and Jurisdiction: The agreement between the Company and the
passenger in respect of the services to be provided by the Company to the passenger
and which is constituted by the terms and conditions contained on this website (and
no other matters) is governed by the laws of New South Wales, Australia. The Company
and the passenger submit to the exclusive jurisdiction of the Courts of New South
Wales and Courts of appeal therefrom.
Complaints: 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 service provider.
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 service provider
to resolve it) with your travel agent or directly to the Company within 30 days
of return to Australia.
Your Privacy: We will handle your personal information in accordance
one or more of the products and/or services offered on the Site, you are indicating
User Agreement: By using our site to search for and/or book the
products and/or services offered, you are indicating -
- that you have read our User Agreement posted
on our Site and
- your acceptance of our User Agreement.
Financial Protection: The Company is a participant in The Travel
Compensation Fund (TCF). TCF is a fund administered by a regulatory body established
by government to protect consumer funds in the event of a member’s financial failure.
The Company’s clients can have complete confidence that the Company meets the strict
financial criteria necessary for participation in the TCF.