Terms and Conditions
New Zealand Rail Adventure – October 2022

This document sets out the terms and conditions by which you contract with us to provide you with services relating to our international escorted group fly/cruise/tour departures. By making a booking through us (in-store, by phone, by email or online via our website) you acknowledge that you have read, understood and you agree to be bound by them. A list of terms are defined at the end of these Booking Conditions.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). 

“We”, “us” and “our” means Travelations Pty Ltd trading as Cruise Express (ABN 31 095 788 177).

Travelations Pty Ltd t/a Cruise Express (herein referred to as the Facilitator) is a member of the Australian Federation of Travel Agents (AFTA), an accredited member of the AFTA Travel Accreditation Scheme (ATAS) and a member of the Cruise Lines International Association (CLIA). We are committed to the provision of excellent service and quality travel products.

PRICING & ITINERARY: All prices are listed in Australian dollars and are based on operator prices and currency exchange rates correct at the time of publication. In the event that operators, service providers or currency fluctuations alter prices, the Facilitator reserves the right to correct any errors, inaccuracies or omissions and to change or update fares, fees and surcharges at any time, up to and including the day of departure, without prior notice. 

The Facilitator will use all reasonable endeavours to provide the tour you have booked in accordance with the advertised itinerary. However, due to the nature of travel, it may not always be possible for the Facilitator to adhere strictly to the original itinerary or tour inclusions. When circumstances beyond the control of the Facilitator occur, the Facilitator reserves the right to make alterations to the tour inclusions or itinerary accordingly, before or after the commencement of the tour. Any changes to the itinerary will be notified to you

1. if prior to your tour departure date, by phone or email  or
2. if during your tour, personally by your Tour Manager

To the maximum extent permitted by law, you agree that the Facilitator is not liable to you for, and you release the Facilitator from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to your tour inclusions or itinerary or substitution carried out in accordance with this clause. This includes without limitation any claim for distress, disappointment or loss of enjoyment arising from the alteration(s). This is also applicable to any personal expenses incurred by you including food, beverages and personal items or costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by you for cancelling or changing those other arrangements or arising from a failure to meet a connection.

BOOKINGS: All bookings must be made directly with the Facilitator and are subject to availability of the appropriate services (eg. airline seats, cruise and hotel accommodation, coaches and touring activities) at the time of booking.

DEPOSIT PAYMENT & BOOKING CONFIRMATION: A non-refundable deposit will be payable per person at the time of booking. This deposit may be refundable up to 70 days prior to departure, only in the event that Extraordinary and Unavoidable Circumstances directly impact our ability to operate the tour. All refunds will be subject to a small administration and processing fee.

Payment can be made to us in the following ways:

– by direct deposit into our bank account (allow one working day for funds to clear)

Travelations Pty Ltd Client account
BSB – 032020
Account – 148332

Please quote your surname with your deposit so we can identify your payment. Please also email a copy of your deposit slip to groups@cruiseexpress.com.au or advise us that you have made a direct deposit payment.

– by credit or debit card with a small processing fee (Visa and MasterCard 1.2% or American Express 2%) allow one working day for funds to clear

– by Cruise Express future travel credit certificate

The Facilitator will then forward a written confirmation and any additional paperwork that may be required.

Additional deposit payments may be required at intervals after booking and prior to final payment, in order to secure included or optional Travel Arrangements such as flight bookings and seating requests, and additional pre or post tour services. Specific deposit requirements and related details will be discussed and confirmed in writing at the time.

CANCELLATION & AMENDMENT SERVICES: If you wish to cancel, please notify the Facilitator in writing of your booking cancellation request. Your deposit will be non-refundable, and any further cancellation fee will generally be dependent on the amount of notice of cancellation you give. Cancellation fees can be one hundred percent of the booking value. This is why we strongly encourage you to obtain travel insurance with comprehensive cancellation protection as soon as your booking is confirmed (see TRAVEL INSURANCE section below). 

If you wish to make amendments to already booked Travel Arrangements, please contact us and we will endeavour to facilitate them as part of our Cancellation and Amendment Services. While we will endeavour to facilitate all amendments, please note that some amendments are subject to agreement by our Travel Providers. If you request us to make amendments to your booking, you agree to pay us an amendment fee of $55 per amendment.

EXTRAORDINARY & UNAVOIDABLE CIRCUMSTANCES: In the event of Extraordinary and Unavoidable Circumstances, the Facilitator may cancel or modify your Travel Arrangements. 

If your Travel Arrangements are cancelled due to Extraordinary and Unavoidable Circumstances, then we will use reasonable endeavours to obtain a future travel credit to the value of funds paid to date less any third-party Travel Provider costs incurred. If cancellation occurs due to Extraordinary and Unavoidable Circumstances after a tour has commenced and the Facilitator provides any alternative travel services (such as transport or accommodation) you agree to pay for these additional costs. The Facilitator will use reasonable endeavours to provide a future travel credit for any unused portion of your Travel Arrangements, subject to the refunds the Facilitator is able to recover from Travel Providers.

Your rights to a credit may be limited under the Travel Provider Booking Conditions. We make no guarantee and expressly disclaim any warranty that we will be able to obtain a credit from a Travel Provider.

Please note that any credit issued by the Travel Provider may be partial only and may be subject to specific conditions. We have no control over these conditions.

FINAL PAYMENT: Final payment for your Travel Arrangements will be due 70 days prior to departure unless otherwise specified and you will be notified prior to this date when final payment is due. Payments can be made to us in the following ways:

– by direct deposit into our bank account (allow one working day for funds to clear)

Travelations Pty Ltd Client account
BSB – 032020
Account – 148332

– by credit or debit card with a small processing fee (Visa and MasterCard 1.2% or American Express 2%) allow one working day for funds to clear

– by Cruise Express future travel credit certificate

DOCUMENTATION: Final tour documentation will be distributed to you by email or mail approximately 3-4 weeks prior to departure. Any additional documentation will be distributed to you in person on the first day of the tour.

SPECIAL REQUIREMENTS: From 1 January 2022, ​​as a condition of carriage and participation in this tour, all passengers and tour staff MUST have received at least two doses of a TGA approved COVID-19 vaccine. You will be required to provide proof of vaccination prior to boarding; failure to do so will result in boarding being denied.

An exemption is available for passengers and tour staff if they are unable to be vaccinated with any COVID-19 vaccine available in Australia due to a medical contraindication. You will be required to provide evidence of a medical contraindication via a certificate from a medical practitioner, in a form approved by the NSW Chief Health Officer, that specifies the medical contraindication. Non-vaccinated passengers without evidence of a medical contraindication will be denied boarding. 

HEALTH, FITNESS AND PARTICIPATION: The Facilitator reserves the right, at the discretion of the Tour Manager, to deny boarding to you if, upon arrival at the start of the tour or at any time during the tour, you are deemed to be physically unable to participate safely in the tour. No refund will be given in these circumstances so please carefully consider the following:

You may NOT rely on the Tour Manager or fellow passengers for personal physical assistance. You warrant that you are in good health and/or fit to travel on tour. While this tour does not require a special level of fitness, for your own safety and the overall benefit of the group, you must possess a moderate level of mobility, including the ability to

– embark and disembark coaches, trains and other methods of transportation without assistance
– climb and descend steps and stairs unaided
– undertake walking tours of 2-3 hours duration including using stairs, walking over cobblestones and other uneven surfaces
– stand for long periods in museums and other tourist sites
– handle your own luggage
– use combined shower/bath facilities (it is not always possible to guarantee walk-in shower facilities)

TOUR INCLUSIONS: Your Travel Arrangements include group coach transfers, hotel accommodation, meals, sightseeing and other activities as specified and the services of at least one Tour Manager. Accommodation is allocated on a twin-share basis unless otherwise requested and confirmed. Hotels are capacity controlled, subject to change and some room types may have additional costs.

NOT INCLUDED IN TOUR COSTS: All items not specifically referred to as Tour Inclusions including airfares, airline taxes and government charges, excess baggage, meals, gratuities and tips except where indicated, travel insurance, laundry, drinks and items of a personal nature.

TOUR MANAGER: It is intended that your tour will be accompanied by at least one Tour Manager nominated by the Facilitator. However, should minimum group numbers not be reached, the Facilitator reserves the right to operate the itinerary as an unescorted group departure utilising local independent tour guides.

TRAVEL INSURANCE: The Facilitator strongly encourages you to be adequately insured for the duration of your trip and recommends you consider comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your first deposit. This is because cancellation fees and charges may be imposed from that time.

The Facilitator is a distributor of nib Travel Services Australia. nib Travel Insurance Distribution Pty Ltd (ABN 40 129 262 175, AR 336467) is an authorised representative of nib Travel Services (Australia) Pty Ltd (ABN 81 115 932 173, AFS Licence No 308461). We act as nib Travel Services’ agent and not as your agent. The insurance advice given is general advice and you should consider if this product suits your needs. Before purchasing, please read the PDS available from https://www.nibtravelinsurance.com.au/pds .This insurance is underwritten by Pacific International Insurance Pty Ltd (ABN 83 169 311 193).

DINING: Where meals are included, vegetarian, gluten free and dairy free dietary requirements can be requested and this must be done at the time of booking. The Facilitator will notify all relevant Travel Providers of your requirements and they will endeavour to provide these alternate meal types, but they cannot always be guaranteed.

ACCOMMODATION: All bedding requests will be forwarded to the accommodation provider(s) but room allocations and bedding configurations will be at the discretion of the individual hote(s); the Facilitator cannot be held responsible if your particular request is not accommodated. In such a case, the Facilitator will endeavour to work with its Travel Providers to rectify the issue(s) as soon as is practicable.

AIRLINE SEATING: All seating requests will be forwarded to the airline(s) but cannot be guaranteed; they will be confirmed at the airline’s discretion. Additional charges may apply to some seat requests.

BAGGAGE ALLOWANCE: All Economy class passengers are permitted one piece of check-in luggage restricted to 23kgs per person. In addition to this, passengers are also allowed one piece of carry on luggage restricted to 8kgs per person. Any additional luggage may only be carried on the understanding that passengers are personally responsible for additional porterage costs and/or excess baggage charges imposed by the airline(s) and other carriers.

PASSENGER BEHAVIOUR: As the tour involves travelling in a group you agree to accept the full authority of the Tour Manager as designated by the Facilitator. You are expected at all times to behave in a courteous manner toward other passengers, tour staff and other persons with whom you have contact during the tour. Any passenger exhibiting rude, offensive or aggressive behaviour may be disembarked at the next available location. In such circumstances the Facilitator will not be liable for any refund, compensation or reimbursement of additional costs incurred by you and/or your travelling companions.

TRAVEL WARNINGS: The Australian Department of Foreign Affairs and Trade (DFAT) issues regular updates for overseas travel. Please refer to the DFAT website – www.smartraveller.gov.au – for the most up-to-date travel advice. If you do not have website access please contact the Facilitator for a print out of the latest advice relating to your travel destination(s).

NOTICE OF RESPONSIBILITY: The Facilitator is not itself a carrier or hotelier, nor does it own aircraft, cruise ships, hotels, coaches or trains. The Booking Services that the Facilitator supplies consist of arranging and coordinating flights and cruises, train travel, accommodation, transfers and tours, making bookings and issuing documents to be redeemed by Travel Providers. 

The Facilitator exercises every care in the selection of reputable Travel Providers. However, it is important to note that all bookings with the Facilitator are subject to the terms, conditions and limitations of liability imposed by the Travel Providers whose services we utilise, some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage of baggage.

OUR LIABILITY: 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:

– The Facilitator does not accept any liability under these Booking Conditions, in tort (including negligence) or at law for any injury, loss (including indirect losses), delay or additional expenses caused directly or indirectly by the actions or omissions of a third party over whom we have no direct control (including a Travel Provider); and

– our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to resupplying the Booking Services or Cancellation and Amendment Services (as applicable) or paying to have them resupplied.  

GENERAL: The contract between the Facilitator (Travelations Pty Ltd trading as Cruise Express) 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.

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 here https://cruiseexpress.com.au/privacy-policy/

Please read all booking terms and conditions carefully.

DEFINITIONS
“Booking Services” means the following services:

– providing advice on Travel Arrangements and Travel Providers that may be appropriate for your requirements;
– facilitating your purchase of Travel Arrangements from Travel Providers; and
– providing a mechanism for you to pay for Travel Arrangements.

“Amendment Fees” means the fees payable to us for endeavouring to arrange amendments.

“Cancellation and Amendment Services” means the following services:

– endeavouring to arrange amendments to booked Travel Arrangements with Travel Providers;
– cancelling Travel Arrangements with Travel Providers; and
– processing any refunds or issuing any credits due to you from Travel Providers. 

“Unavoidable and Extraordinary Circumstances” means circumstances pursuant to which your Travel Arrangements 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, or any law, order, decree, rule or regulation of any government authority (including quarantine requirements or government travel advisories), or for any other reason beyond the Travel Provider’s control. 

“Travel Arrangements” means any travel arrangements booked through us to be supplied by a Travel Provider, which may include (but are not limited to) rail travel, accommodation, meals, transfers, guides, activities, tours, flights and cruises.

“Travel Provider” means a third party who principally contracts with you for the provision of Travel Arrangements subject to the Travel Provider Booking Conditions.

“Travel Provider Booking Conditions” means the booking conditions of a Travel Provider.

Updated: February 2022