Terms & Conditions
Luxe South Coast – Tours of Berry & South Coast NSW
Please read the Terms and Conditions prior to booking your Luxe South Coast getaway.
These Terms and Conditions contain the entire contract between you and Luxe South Coast. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by Luxe South Coast.
1. The contract
Your booking is made on the basis of your representation that you have read carefully, understand and agree with the following Terms and Conditions.
The Terms and Conditions constitute a legally binding contract between Glamarama Getaways Pty Ltd (ABN 58167451774) trading as Luxe South Coast (‘Luxe South Coast’, ‘we’, ‘our’, ‘us’ etc) and each person specified in the Booking Application (‘you’, ‘your’ etc) for the services provided by us, when we accept your Booking Application.
These Terms and Conditions and the Booking Application, represent the entire agreement between Luxe South Coast and each person specified in the Booking Application. Your booking and payment of the deposit confirms your acceptance of these Terms and Conditions and your agreement to be bound by them.
These Terms and Conditions are current as of 1 August 2016 and will apply unless amended or withdrawn by Luxe South Coast. The tours promoted by Luxe South Coast are subject to availability at the time they are scheduled to take place.
2. Prices and components
Prices offered are on a per person basis, and are based on costs applicable as of that date. We will do everything within our control not to adjust prices.
Any prices quoted are estimates only, with the final price to be confirmed when the booking is made. We reserve the right to change the tour components, or any other aspect of the tour at our discretion before a booking is made. After we issue a booking confirmation, we reserve the right to adjust prices if a change in costs necessitates a change in price. We will generally only adjust prices in the event of marked fluctuations in operating costs such as fuel, taxes or accommodation charges on which prices are based, in line with fluctuations.
The tour cost does not include any of the following: fares for travel, any costs incurred en route to and from the place of departure and the destination, insurance, baggage charges, airport taxes, meals and beverages other than where included, gratuities other than where included, transport other than where included and optional activities and trips. It is your responsibility to ensure settlement of any charges made by a hotel or provider of any service, for extra services ordered directly by you such as room service, mini bar, business services, laundry, post, telephone charges, items of a personal nature or gratuities.
All prices quoted are in Australian dollars and include GST.
3. Travel is not included
Travel costs are not included in the tour price and travel and connections are the responsibility of the individual to book, as are arrangements to get to and from the departure point for the tour. Luxe South Coast takes no responsibility for any travel arrangements.
4. Deposits and payments
Upon acceptance of the booking, you will receive a booking confirmation from Luxe South Coast that will include the exact deposit required and the amounts and due dates for payments.
Receipt of the deposit from you will be taken as an understanding that you have checked your confirmed travel arrangements and have read and agree to abide by all of these Terms and Conditions.
The payment schedule is as follows:
- You are required to fill out the Booking Application form on the website and send it to Luxe South Coast.
- A 25% non-refundable deposit of the total tour package price is payable to Luxe South Coast within 7 days of our booking confirmation, to secure your booking. Your booking is not deemed to have been secured unless and until the 25% deposit has been paid.
- The remaining total tour package price is payable at least 60 days prior to the tour commencement date.
- Bookings made within 60 days of the tour commencement date will require full payment at the time of receiving your booking confirmation.
- We may cancel your booking if the payment is not paid by the due date.
All payments are to be made to Luxe South Coast directly.
Forms of accepted payments include cheque, direct deposit and funds transfer.
Late booking fees may also apply to cover any additional costs incurred. A fee of $50.00 per amendment to confirmed bookings will be charged in addition to any charges levied by hotels or ground operators.
5. Cancellation and refunds
If you decide to cancel all or any part of your booking or you are unable to travel, you must notify us of the cancellation in writing. The cancellation is effective on the date on which the written notification is received by us. You will be liable for the following cancellation fees and, if applicable, Luxe South Coast will issue any refunds that may be due:
- Cancellations received more than 60 days prior to the tour departure date will incur in a forfeiture of the deposit payable;
- Cancellations received 60-30 days prior to the tour departure date will incur a forfeiture of 50% of the total tour price payable;
- Cancellations received within 30 days of the tour departure date will incur a forfeiture of 100% of the total tour price payable.
Some cancellation fees payable by you may be reimbursed through your travel insurance depending upon terms of the travel insurance policy taken out by you.
We reserve the right to cancel a tour and will advise you of such cancellation no later than 14 days before the tour departure date. If the cancellation is due to ‘Force Majeure’, we reserve the right to cancel the tour at any time (even after it has commenced).
In the event of cancellation of a tour by us, where possible, we will offer you alternative arrangements such as the option to join another tour on a different date. If the price of your alternative arrangements is of lower value than the original booking, we will refund the difference to you. If the cost of the alternative arrangements is higher than the cost of the original booking, you will be required to pay the difference to Luxe South Coast. If you do not accept alternative arrangements we will refund all payments you have made. In the case of ‘Force Majeure’, refunds will be net of any unrecoverable costs. We will not be liable for any additional costs incurred by you.
No refunds will be made if you leave a tour for any reason after the tour has begun.
No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised for any reason.
Participants who do not conform to the itinerary will not be entitled to refunds for any parts of the tour missed. No variations are allowed.
6. Accommodation
Whilst every effort is made to ensure hotel accommodation is available on a twin share basis, no responsibility is accepted should the hotel change rooming arrangements. Special requests for rooms will be passed onto the hotel, but carrying out requests cannot be guaranteed. You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation.
Check in and check out times vary according to the individual hotel operator. Generally your accommodation check in is 3pm and check out is 10am. Please note that most properties will require a credit card authorisation on check-in and may need to see photo identification.
Descriptions of hotels and other facilities featured in our tour packages are based on current hotel and supplier guides and information provided by suppliers. Facilities described are subject to change at any time. Locality photographs that may be included are for general information and may not necessarily reflect actual location or services. Hotel or room photographs may not represent the particular hotel, room, view or other specifications included in your booking.
7. Single Supplement
The accommodation cost is based on twin share accommodation. If you are travelling alone and do not wish to pay a single supplement, we will endeavour to match you with another single participant to share a room. We accept no responsibility for the suitability of the rooming partner. If at any time during the tour you consider the rooming partner to be unsuitable, we will arrange single accommodation (if available), the additional cost of which will be borne by you. If we are unable to find a rooming partner prior to departure, you will be required to pay the applicable single supplement to undertake the tour.
8. Minimum group numbers
All tours are based on a minimum number of participants for the group. If minimum numbers are not achieved we reserve the right to re-schedule or cancel the tour as appropriate and all participants are entitled to a full refund, including any deposit paid. In all other circumstances your deposit is non-refundable.
9. Changes to the tour
If we are forced to change your booking or part of it for circumstances beyond our control, prior to, or during actual travel, we bear no responsibility for this and reserve the right to vary your holiday itinerary. We will give you prompt notice of the change. Such circumstances include without limitation the ‘Force Majeure’ circumstances of weather conditions, vehicle breakdowns, changes in transport schedules, act of God, act of war, act of terrorism, civil unrest, disease or pandemic, labour conflict, or any real threat of any of these occurrences. They also include government laws or regulations, and the acts or omissions of third parties involved in or providing services associated with your tour, including any travel provider, service provider, the availability of tickets and access to events or other circumstances beyond our control or which simply cannot be foreseen.
We do not accept any responsibility for loss of enjoyment, delays or compensation resulting from circumstances beyond our control. When it is necessary to change the hotel, Luxe South Coast reserves the right to use substitute accommodation of at least a similar standard.
10. Travel insurance
Travel insurance is not included in our tours in Australia. If you desire to have insurance cover in the events of illness, injury, death, loss of or damage to baggage and personal items, personal legal liability, cancellation, loss of deposit, medical and hospitalisation expenses, repatriation and curtailment expenses due to illness, the need to return home unexpectedly, evacuation expenses and accidental death or disability, then you need to obtain your own insurance.
11. Special events
Luxe South Coast will use its best endeavours to obtain tickets to any special event nominated in the tour. However there is no guarantee that a ticket can be obtained, or that it can be obtained on any date selected or at the price specified. In the event that Luxe South Coast is not able to provide a ticket to the participant for a particular event despite our best efforts, we will refund to the participant any cost paid by you for such a ticket.
12. Special requests
Please note that while every effort will be made to secure a special request on the tour, it cannot be guaranteed in advance of travel or on the tour.
13. Participation
It is your responsibility to ensure that you are fit for travel and have the physical capacity to participate fully in the tour without any assistance from the tour escort or other participants. You must inform us at the time of booking of any health, disability or condition/s that you have which may affect your ability to participate in the tour. We reserve the right to ask for a doctor’s clearance if necessary.
We may decide at our absolute discretion not to include you in a tour or in any activity, if we consider that you are unable to safely participate in that tour or activity as a result of a medical condition or otherwise, or if we consider that your participation may place the safety of other participants at risk.
We exclude all liability for any illness, injury or death sustained by you on tour as a result of any pre-existing medical condition. We will not be responsible for, and you agree to release us from, any liability arising out of any medical condition, illness or injury that you may suffer during the tour or as a result of the tour.
Luxe South Coast also reserves the right to remove from the tour any person whose conduct is deemed incompatible with the interests of the other passengers. If you fail to comply with a decision made by the Luxe South Coast tour escort, interfere with other participants’ enjoyment of the tour, jeopardize the safety of other participants, engage in illegal, unlawful or undesirable behaviour, or if you otherwise become a hazard to yourself or other participants, then the Luxe South Coast tour escort reserves the right to terminate this contract and order you to leave the tour immediately, with no right of refund. In such event, Luxe South Coast and the tour escort are not liable for any direct or indirect costs, losses or expenses incurred by the participant.
14. Unlicensed entity disclaimer
If you request Luxe South Coast to arrange for the provision of products or services by a person or company which is not licensed in accordance with any applicable law, Luxe South Coast accepts no liability (whether in contract for negligence or otherwise) for any loss or damage suffered by you as a result.
15. Responsibility
Luxe South Coast conducts tours in reliance upon arrangements made with independent third parties, whether they be travel providers, accommodation providers, transportation suppliers, event organisers or others. Luxe South Coast does not directly provide any services. The services that are provided are not controlled by Luxe South Coast, Luxe South Coast has used its best endeavours to ensure that all services provided are of a reasonable standard, are consistent with any services that have been represented by Luxe South Coast and conform with the tours promoted by it.
Luxe South Coast does not accept any responsibility, howsoever arising, in the event that the services provided by third parties do not meet the descriptions of any tours or any of your needs, requirements or requests, save to the extent that any such exclusion of liability is prohibited or restricted by law.
16. Assumption of risk and liability
In making a booking, you agree to accept these Terms and Conditions and acknowledge and agree that the services to be provided are not provided directly by Luxe South Coast but are provided by independent third parties, over whom or which Luxe South Coast has no control. You agree to accept, unconditionally, any risk associated with the tour for which you book and you accept liability for any matters that arise during the course of the tour, irrespective of how such matters arise and the consequences of such matters.
17. Website
We make every effort to ensure all information displayed on our site is accurate; however, as considerable information is accessed from our accommodation and service partners, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the site is free of errors or faults. We reserve the right to change information displayed on our site (including these Terms and Conditions) at any time without notice to you.
18. Privacy
You agree that Luxe South Coast, its agents and related entities may collect, retain and disclose your personal information in accordance with our Privacy Policy. In order to facilitate tour management services, we will collect, process and manage personal data. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided and/or to be marketed, but will not be used by us or them for any other purpose. We consider your personal information extremely sensitive and will never sell your personal information to third party providers. For more information please refer to the Privacy Policy on our website.
19. Publicity Approval
You agree that Luxe South Coast may collect, retain, use and disclose any photographs or video footage taken of you throughout the duration of the tour for the purposes of publicity/marketing/promotional/advertising/press in any and all media in perpetuity (including websites and all social media), without any further consent or compensation to you, unless you indicate your refusal in writing to Luxe South Coast prior to the commencement of the tour.
20. Complaints or Consumer Claims
It is important to us that you have a positive tour experience. Should you encounter any problems or have a complaint about your tour, you must make it known at the earliest opportunity to the Luxe South Coast tour escort. If you feel your complaint has not been properly dealt with, you must make it known to us before the end of the tour, then notify us in writing within 30 days of completing your tour.
21. Waiver
While on tour, there may be instances where you may wish to join the Luxe South Coast tour escort for activities in free time outside the tour program that may involve catching taxis or using public transport to dining/shopping/event locations or other destinations chosen at the time. The Luxe South Coast tour escort will not be liable for any accident, injury, death, property damage or loss in relation to such activities. You agree to take part at your own risk. This waiver also covers participation in any “optional activities” as part of the tour.
22. Governing Law
This contract is governed by and construed in accordance with the law of New South Wales, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia as regards any claim or matter arising under this agreement or out of the tour.
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Meet your guide
Founder of Luxe South Coast and lead Tour Guide, Justine Weller has over 20 year’s travel experience combined with 15 years’ experience working in PR and events across the travel, entertainment and lifestyle industries. A perfect fusion for organising fab trips!
The Luxe Blog
Follow the journey of Luxe South Coast on our blog as we explore the village of Berry and the stunning South Coast of NSW on our boutique tours for women.