5th Element Expeditions – General Terms and Conditions of Service
- Contract: Your contract is with 5th Element Expeditions (ABN: #). We draw your attention to the following terms and conditions, which cover all information from, correspondence with and bookings made with us. Any contract with 5th Element Expeditions is subject to these terms and conditions from which no person has the authority to depart. Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any questions you may have with us). By asking us to confirm your booking you are liable to be regarded as having had the opportunity to do so and to have actually done so before the contract between us comes into existence.
- Booking Procedures: A binding contract comes into existence between us (and the pricing of an itinerary is final) when: (a) we receive a deposit of 30% of the quote price, or (b) when we receive full payment of the expedition when the booking is made less than 90 days before your departure date AND we confirm to you in writing that your itinerary has been confirmed. No contract will exist between the parties until such monies have been received and such confirmation has been issued. We require full payment to be made for your journey 90 days prior to the departure date. If full payment is not received 90 days prior to the departure date, we reserve the right to cancel your journey and apply the cancellation charges set out in paragraph 5. Cancellation will be without penalty to us and we will have no further liability to you. The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions.
- Medical conditions and disabilities: If you or any member of your party have any medical problem or disability which may affect your journey, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking.
- Documentation: Please carefully read the documentation we send you as soon as you receive it. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any liability if we are not immediately notified of any inaccuracy in any documentation. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.
- Cancellation by you: Cancellation of a journey must be made in writing and is effective from the date we receive the written notification. In all cases of cancellation, the deposit and any amendment charges will be forfeited. Cancellation charges are expressed at a percentage of quoted price as follows: More than 90 days or before final payment: Deposit only (30%). Less than 90 days or after final payment: 100%. If the reason for cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges. Notwithstanding the above, if we have issued your airline tickets and you choose at any time to cancel them then we will not refund you any monies for these tickets.
- Pricing Itineraries: The price of your itinerary will be based on known costs at the date of issue of the itinerary. At any time before a full payment of your journey has been made and you have received written confirmation that your itinerary has been confirmed, 5th Element Expeditions reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. We reserve the right to make changes to and correct errors in advertised prices at any time before your journey is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking. Matters influencing a surcharge would include, but are not limited to, increases in transportation costs e.g. fuel, scheduled air fares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports, or increases in park fees, reserve fees or concession fees.
- Amendments by you: If you wish to change your itinerary after a deposit has been made we will do our utmost to make the changes required, provided that notification is received in writing. Every change is subject to a change fee of $50 USD per person per occasion that a change is made. We cannot make alterations to your itinerary within 90 days of departure and any such request will, at our option, be treated as a cancellation of the original booking and will be subject to the cancellation charges set out in paragraph 5.
- Cancellation by 5th Element Expeditions: We reserve the right in any circumstances to cancel your journey for any reason at any time. Whilst we always endeavour to avoid changes and flight cancellations, we must reserve the right to do so. In these circumstances we will return to you all monies paid or offer an alternative journey of a comparable standard. We may cancel your confirmed Journey if you fail to comply with any requirement of these booking conditions entitling us to cancel.
We cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking conditions, force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid. Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, strike, breakout of an epidemic or pandemic disease, technical problems with transport, cancellation or amendment to any scheduled flight, closure, congestion of airports or ports, adverse weather conditions and all similar events outside our control. In the circumstances amounting to force majeure we will not refund any money to you although if we can recover any monies from our suppliers we will refund these to you.
- Amendments by 5th Element Expeditions: It is unlikely that we will have to make any changes to your Journey, although, we reserve the right to make changes at any time. Most of these changes are minor and we will advise you of these in writing at the earliest possible date. When a major change is necessary such as the alteration of your outward or return flights by more than 12 hours or a significant change in the standard of accommodation, provided it does not arise from conditions amounting to force majeure or as a result of an amendment to a scheduled airline timetable, you will have the choice of accepting the new arrangements, taking another Journey with us or cancelling your Journey and receiving a full refund of all monies for which we can recover. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel, or if the change is a minor one. A minor change is a change which, taking into account the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we would not reasonably expect to have a significant affect on your confirmed Journey. No compensation is payable for children aged 2 and under. Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:
(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or (b) did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers. Additionally, we cannot accept liability for any sums which relate to any business losses.
- Our responsibilities: 5th Element Expeditions accepts responsibility for ensuring your Journey is supplied as described prior to your departure and services provided will reach a reasonable local standard, however, we draw your attention to paragraph 12. Please note we cannot accept responsibility for any services, which do not form part of our contract. This includes, for example, any additional services or facilities, which your hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them.
The information contained on our website is correct to the best of our knowledge at the time. Our descriptions and other information provided or made available in a resort, often refers to other activities and excursions which are available in the resort. These activities and excursions are not run nor controlled in any way by 5th Element Expeditions. They do not form any part of your contract with 5th Element Expeditions, even where we suggest or recommend particular operators/centres/trips and assist you in booking such activities or excursions in any way. Accordingly, we regret 5th Element Expeditions cannot accept any liability in relation to these outside activities and excursions. Where we make or take any bookings for or from you in respect of any activity or excursion available, we do solely as booking agents. This is the case regardless of whether the activity is advertised or mentioned on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. 5th Element Expeditions has no liability for any such activity or excursion or for any acts or omissions of the supplier or operator or for it/their employees or agents or any other persons connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion for example in our capacity as booking agent, that liability is limited to the cost of the particular activity or excursion concerned. We would remind customers that the infrastructure in developing countries may not be up to the same standard as usually provided. Please note that we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: a) The fault of the persons affected or any members of their party, or b) The fault of a third party not connected with the provision of your journey, which we could not have predicted or avoided, or c) An event or circumstances which we or the supplier of the services in question could not have predicted or avoided, even after taking all reasonable care (see force majeure), or d) The fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your journey or suffer problems because of a reason you did not tell us about when you booked your journey, or where any problems you suffered did not arise from any breach of our contract, or other fault of ourselves or where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. In any case where we are deemed liable, our liability shall be limited to 200% of the journey price. Our suppliers, such as accommodation or transport suppliers, have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport providers or other suppliers liability to you. You can get copies of such conditions from any offices of the relevant suppliers. 5th Element Expeditions accepts liability as above only if a claim is notified to us in writing no later than one month after your return.
- Carriers: Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. 5th Element Expeditions accepts no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to 5th Element Expeditions, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. 5th Element Expeditions accepts no liability for death, injury or illness that derives from carriage by air or sea.
- Your Responsibility: You must ensure that your travel documents, passports, visas and vaccination certificates are in order and that you ensure that you have taken the advice of your doctor with regard to inoculations. We refer in particular to our pre-departure information sheet. 5th Element Expeditions will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure. ER does not accept liability for any advice given of a general nature prior to the journey commencing. You are responsible for a timely check in for all flights and for presenting yourself to take up all pre-booked components of your Journey. No credit or refund will be given to you should you fail to take up any component of your Journey or if you lose any travel documents. 5th Element Expeditions draws your attention to the fact that there are certain inherent risks involved in all of the Journeys that we supply and these must be accepted by you at your own risk. If you wish to discuss any such risks with us we would be more than happy to provide you with such advice.
- Insurance: 5th Element Expeditions requires clients to purchase travel insurance and medical insurance coverage. We can provide details of a suitable policy. You must purchase either this policy or a policy that offers at least comparable cover under all sections. We reserve the right to cancel your Journey at any time should such a policy not be taken out by you.
- The Law: The above booking terms and conditions together with all correspondence form part of your contract with 5th Element Expeditions. This contract and any matters arising from it shall be governed by and interpreted in accordance with State and Federal Australian Law and that of your country of residence. You agree that all actions or proceedings that may arise in connection with any matter between you and 5th Element Expeditions such as our contract or anything arising out of it shall be settled by arbitration proceedings to occur exclusively in Australia.
- Problems or concerns: If you have a problem during your journey, please inform the relevant organiser (camp/hotel manager/Safari provider) immediately and they will endeavour to make the necessary accommodations. If your problem cannot be resolved locally you must send full details to 5th Element Expeditions in writing within 7 days of your return. If you fail to follow this procedure, we will not accept liability as we have been deprived of the opportunity to investigate and rectify the problem.
Personal information we collect. Any personal information collected via our website or Facebook page will only be used in-line with the purpose, intent and agreement of which it was collected. The only personal information that we collect online is your email address and name if you opt to subscribe to 5th Element communications. This information is not collected without your consent and you may unsubscribe from our mailing list at any time. 5th Element Expedition does not collect any sensitive personal information via our website such as bank details or credit card information. Personal information provided. Any personal information provided as part of inquiry to an expedition, promotion offered by 5th Element Expedition or as part of a booking will be kept secure and will not be transmitted to third parties.