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Please read these booking conditions carefully, as they apply to all bookings accepted by Crooked Compass Pty Ltd ACN 608 054 646 (t/a Crooked Compass by Air). By making a booking you accept these Booking Conditions. We reserve the right to amend these Booking Conditions from time to time.
How to book
Please call our reservations line on 1300 855 790 or contact your travel agent who will request a reservation on your behalf. A booking is only accepted when we issue a written booking confirmation and invoice. It is at this point that a contract between us and you comes into existence. We reserve the right to decline any booking request at our discretion. No employee of Crooked Compass by Air other than a director has the authority to vary or omit any of these Booking Conditions or promise any discount or refund.
Services
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
Prices
All published rates are in Australian dollars and include GST where applicable and are subject to change prior to us accepting your booking. We reserve the right to increase the price of your booking following confirmation due to increases in , taxes, negative currency fluctuations of more than 5%, airline fuel surcharges or a reduction in numbers of passengers travelling below the minimum passenger numbers (see below). Prices are protected against currency fluctuation surcharges once payment is received in full, but remain subject to increase due to any tax changes or levies imposed by any government or their agencies or any airline, or due to minimum numbers not being achieved.
Crooked Compass by Air reserves the right to correct any errors in rates quoted or calculated, or any omissions made at any time during your booking. Any verbal quote given is an indication only of the final price and is subject to confirmation in writing.
Pricing Validity
Itineraries and prices advertised are based on exchange rates as at 1 October 2019. Crooked Compass by Air reserves the right to make alterations to itineraries and prices due to circumstances beyond their control, including a drop in exchange rate of more than 5%. Once a customer has paid in full, the price of the tour is guaranteed, subject to any tax changes or levies imposed by any government or their agencies or any airline.
Deposits
A non-refundable deposit of 30% per person, per tour, is required to secure your place on each tour within 7 days of us issuing your booking confirmation. For tours that include domestic flights or permits, payment in full for these is required at the time of deposit. Some hotels may require pre-payment in peak seasons. You will be advised of this at time of booking. For bookings under the value of $1000, full payment is required to secure your place.
International or domestic flights that form part of your itinerary, permits and any accommodation that requires pre-payment must be paid for in full at the time of deposit and are non-refundable. Airline seats are limited, prices are subject to change and not guaranteed until full payment is received. Flight confirmation is subject to availability.
Final Payment
Final payment must be made no later than 60 days prior to on the first day of your Crooked Compass by Air tour unless otherwise specified. We are under no obligation to remind you of payments becoming due. Should you not make your final payment by this deadline, Crooked Compass by Air reserves the right to cancel your booking and cancellation fees (as specified below) will apply.
Credit cards
Credit and debit card payments attract a merchant fee which is determined by our merchant facility depending on your card type. Visa, MasterCard and American Express and Diners Club are accepted. International credit cards are accepted with varying merchant fees dependent upon your location.
Cancellations by You
All cancellations must be received in writing and will be subject to the following cancellation charges from the date the written cancellation is received:
- More than 60 days prior to the first day of your tour; loss of deposit and any related permits or airfares plus any fees incurred by us in administering your cancellation
- 60 days or less prior to departure; 100% of total tour cost
- Any ‘no show’; 100% of total tour cost.
Regrettably cancellation charges and fees cannot be waived by Crooked Compass by Air, and you agree are reasonable these cancellation fees are reasonable to protect the legitimate business interests of Crooked Compass by Air.
Cancellations by Us
Force Majeure – Prior to travel
If 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 our reasonable control (Force Majeure), we may elect to:
- Reschedule your travel arrangements, in which case we will issue you with a credit equal to amounts paid; or
- Cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
Any credit issued by us:
- Must be redeemed within three years of date of credit issuance
- Is redeemable against the same travel arrangements only, unless otherwise agreed by us
- Is not redeemable for cash
- Is not redeemable against flights or travel insurance
Force Majeure – During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
General
If we provide you with any alternative services or assistance where travel arrangements are cancelled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we cancel your travel arrangements for reasons beyond Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal or better quality if appropriate.
We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
Illness Preventing Commencement or Continuation
If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19):
- An airline or other common carrier refuses you carriage;
- A hotel or vessel refuses to accommodate you; or
- We or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- If you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- If you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
Amendments by You
The following fees will apply:
- Amendments to confirmed and deposited itineraries outside of 60 days prior to departure where the value of the booking is decreased – $250 per change, per person (a change to the booking that increases the value will incur no fee)
- Amendments within 60 days prior of departure – $550 per change per person plus any cancellation fees incurred by local parties (fees may be up to 100% of the cost paid)
- Reissue of airline tickets – $100 per person (airline and other fees may also apply)
- Booking of only 3 nights’ accommodation or less – $30 per person
- Amendments after departure, loss of cancelled services, plus a fee of $50 per person per change.
NOTE: Once a booking is confirmed, name transfers are not permitted as this will be regarded as a cancellation – See ‘Cancellation’ for applicable fees and details.
Once a tour has commenced, all amendments must be made locally with your guide.
Amendments by Us
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time [and give you the choice to accept the change, to receive a refund of the land portion of your trip or to accept an alternative trip if offered].
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.
General
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.
Requests
Any special requests are made on a request basis only. Crooked Compass by Air cannot guarantee special requests nor will it assume any responsibility or liability if passengers’ special requests are not fulfilled.
Travel documents
Travel documents are electronic and will be emailed to you or your travel agent approximately 21 days prior to the first day of tour (providing full payment and required paperwork has been received). If you are leaving home earlier, please advise us so that we can email your documents before you leave home.
Unused Services
To the extent permitted by law, no refund is available for cancellations after travel has commenced or in respect of any tours, accommodation, meals or any other services not used by you. This includes where we have excluded you from the tour as permitted under these Booking Conditions. No overseas supplier or associate is authorised to promise a refund on behalf of Crooked Compass by Air.
Airport transfers
On tours that offer airport transfers as an inclusion, an airport transfer to/from your hotel will be provided on the arrival and departure day of the tour (within the ground supplier’s operating hours). Flight details must be provided to Crooked Compass by Air at least 21 days prior to your arrival. Documentation will not be released until this information is provided. Once transfers are booked, they cannot be changed. Only one inbound and one outbound transfer will be included as a group transfer. In the event of flight delays outside Crooked Compass by Air’s control, the transfers will be deemed to be cancelled. All transfers are based on group transfers, and no refund is available for missed transfers or passengers not using the transfer service. Airport transfers are provided as a service to passengers and it is the responsibility of the passenger to ensure that any airport transfer will allow them enough time to connect with their flights. Crooked Compass by Air s will not be responsible for any flight delays or cancellations caused by the late arrival or departure of an airport transfer, or for cancellation fees associated with a missed flight. You should make any other transfer arrangements at your own cost.
Airline Fuel Levy Surcharge
Since 2004 all airlines servicing flights have been charging a fuel levy surcharge, on top of the normal airline ticket price, in order to cover the increased cost of aviation fuel. As fuel prices have fluctuated, so too has the amount the airlines charge for this levy. This amount is detailed against every tour featured and will also be advised to you at the time of your booking and is subject to change until your airline ticket is issued.
Product descriptions, maps and photographs
Descriptions of tours, attractions and accommodation provided on this website are based on information provided by hotels and suppliers. Any facilities shown as included may change at any time. Crooked Compass by Air makes no representation as to the standard, class or description of accommodation or services provided by third parties. Maps are shown for general information and do not necessarily reflect actual routings, locations or services provided. Photographs may show places in the general area visited, but not necessarily included in the tour. Many of the images on our website and brochures are supplied courtesy of tourist bureaus, hotels and tour operators. Every effort is made to ensure the accuracy of the information provided to passengers; however, Crooked Compass by Air cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.
Travel insurance
It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy for duration of travel. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance is taken out at the time of booking to provide full cover. You must provide us with the insurance company name, policy number and emergency contact number relating to such a policy within 14 days of commencement of the tour.
Health Requirements
All passengers are required to familiarise themselves with any health requirements specific to countries being visited. All passengers should visit their doctor for these purposes and/or to confirm that they are physically able to undertake the day-to-day requirements of the tour. You should obtain any required or recommended vaccinations.
Crooked Compass by Air does not employ medical personnel. You must continuously notify Crooked Compass by Air if you have any pre-existing medical conditions that might reasonably be expected to affect the tour arrangements. We reserve the right to cancel your booking if your changed circumstances mean you will require special assistance from our personnel during the tour. We suggest that your travel insurance (which you are obliged to have in place under these Booking Conditions) includes comprehensive cancellation coverage.
You release Crooked Compass by Air from any liability for anything relating to a pre-existing health condition. Any necessary medical attention will be provided by a local facility at the passenger’s expense. Crooked Compass by Air is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services provided.
Passports and Visas
It is the responsibility of the passenger to have a valid passport (which is valid for at least six months from your last day of travel to the passport expiry date) and all visas, permits and certificates required for the selected tour. Ask your travel agent for further information. Note that your passport name must match your airline ticket name or you may be denied boarding. Responsibility for documentation accuracy, passport validity and dispatch of documents rests with the customer. Crooked Compass by Air accepts no responsibility for any failure in this respect.
Baggage
Please check with your airline for applicable baggage allowances. Where a tour includes hotel porterage, this includes one standard suitcase per person, and only applies when the passengers are travelling as part of the group. Porterage is not included when passengers check in and out of a hotel at the start and end of a tour. All baggage and personal effects are at all times and in all circumstances at the risk of the tour participant. Baggage insurance is recommended.
Refusal of Carriage
Crooked Compass by Air retains the right to remove customers from our tours for reasons that impact on the enjoyment or safety of other passengers, such as, but not limited to, the physical, medical, mental inability of customers to undertake the arrangements of the holiday, unsocial or unruly behaviour, or the carriage of prohibited substances or materials. Onward travel arrangements will be at the expense of the traveller removed from the tour.
Pre-departure contact
You must provide a telephone number, email or address where you can be reached, if necessary. Documentation will not be released until this information is provided.
Not included in the price
Anything not specifically included in the tour is at your own expense. Tours sold as ‘land only’ do not include airfares.
Air travel – Scheduled Services
Air travel is subject to the conditions and limitations set out in the airline’s conditions of carriage. Airfares are subject to change at any time.
Air travel – Crooked Compass by Air Tours
You acknowledge that Crooked Compass by Air is not an air carrier, neither is it an operator of aircraft, and accordingly is not deemed to undertake any carriage of passengers.
Crooked Compass by Air’s obligations in respect of air components forming part of an Crooked Compass by Air trip are limited to using reasonable endeavours to select a reputable aircraft operator(s) (Independent Aircraft Operator) and arranging for the Independent Aircraft Operator to perform the air components.
You agree that if the published aircraft becomes unavailable due to technical or operational reasons, then a replacement aircraft may be made available. If the replacement aircraft is of inferior comfort, then we will provide you with a refund proportionate to the reduction in value as reasonably determined by us, and you will have no further claims against us.
You acknowledge that you will be subject to the Independent Aircraft Operator’s conditions of carriage, which may limit the Independent Aircraft Operator’s liability to you. Please contact us if you would like us to provide you with a copy of the Independent Aircraft Operator’s conditions of carriage.
You accept that, to the fullest extent permitted by law, Crooked Compass by Air is not in any way responsible for the acts, omissions or defaults of the Independent Aircraft Operator or the failure of the Independent Aircraft Operator to operate the aircraft with due skill and care. You acknowledge that the Independent Aircraft Operator has the exclusive responsibility for the maintenance and operation of the aircraft.
You waive any claims you may have against Crooked Compass by Air for the Independent Aircraft Operator’s acts, omissions, negligence and defaults, including but not limited to technical failure of the aircraft or operational errors resulting in an accident, cancellation or delay.
Booking arrangements
The person making a booking (Lead Booker) will be deemed to have accepted these booking conditions on behalf of everyone named in the booking. The Lead Booker indemnifies Crooked Compass by Air against damages incurred due to the Lead Booker not bringing these Booking Conditions to the attention of all people in the booking prior to placing the booking request. Only the Lead Booker is authorised to make changes to or cancel the booking. If you book through a travel agent, all communications from us will usually be sent to the travel agent. The travel agent is responsible for forwarding payments made by you to us.
Photography of Travelers
Local guides may request to take photos of you which form part of their duty of reporting. No such images will be used for any marketing purposes without written consent from the traveler. Should you not wish for your photo to be taken, please inform your guide.
Recreational Services
Each Crooked Compass by Air Tour includes services that are recreational services for the purposes of section 139A of Competition and Consumer Act (2010) (Recreational Services). You acknowledge and agree that in relation to the supply of any Recreational Services to you, we exclude and will not be held liable for your: (a) death, or (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), or (c) contraction, aggravation or acceleration of a disease, or (d) the coming into existence or the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that (i) is or may be harmful or disadvantageous to you or to the community or (ii) that may result in harm or disadvantage to you or the community.
Optional Activities
When on tour, you may be offered the opportunity to engage in optional or non-itinerary activities. You acknowledge and agree that such activities are operated by third parties and do not form part of the travel arrangements operated by Crooked Compass by Air. Crooked Compass by Air makes no warranty as to the quality of the operators of optional activities. Optional activities may be inherently risky and Crooked Compass by Air will not be responsible to you for any loss, damage, injury or accident that may occur as a result of your participation therein. Any claim you may have in connection with the optional activity must be brought against the activity operator and you indemnify Crooked Compass by Air for any loss or expense incurred by Crooked Compass by Air due to any claim being brought against us as a result of your participation in an optional activity.
Responsibility
Services supplied by independent suppliers:
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) and common carriers.
We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.
Services we directly supply:
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
General liability limitation:
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
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, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
Destination advice
Crooked Compass by Air makes no representations as to the safety, conditions or other issues that may exist at any destination. You should obtain travel advice, including from the Department of Foreign Affairs and Trade (www.smarttraveller.gov.au). Any information provided by us is given in good faith and may not be relied upon as being accurate and does not constitute formal advice. Crooked Compass by Air does not take responsibility if you rely upon this information and fail to obtain your own independent advice.
Complaints procedure
Should you have a complaint while on the tour, you should inform your tour guide immediately or contact the assistance number on your documentation for an immediate response. If the matter cannot be resolved after the tour guide’s best endeavours to do so during the tour, your complaint can be made in writing to Crooked Compass by Air.
Crooked Compass by Air will not be held responsible for issues that were not brought to our attention during the course of a tour.
Agent Responsibility
It is the travel agents’ responsibility to ensure that all invoice and itinerary details and documentation issued by Crooked Compass by Air are correct and that the customer is aware of amendment and cancellation conditions and other clauses in these Booking Conditions.
ATAS
Crooked Compass Pty Ltd t/a Crooked Compass by Air is a member of the Australian Travel Accreditation Scheme (ATAS) which is administered by the Australian Federation of Travel Agents (AFTA). ATAS travel agents have met strict standards and criteria in order to become nationally accredited. Their accreditation means they are the best in the industry, financially viable, credible, well trained and professional businesses. This means you can book your travel knowing you’re in the safe hands of a trusted and reputable travel agent. See www.atas.com.au for more information.
Australian and New Zealand Bookings
All components purchased through Crooked Compass by Air’s Australian office are protected by a client trust account where monies are held until your departure or the full cost of your services have been paid for by us, whichever is the earlier. This relates mainly to bookings from Australia and New Zealand.
Travel Agents
All clients booking and making payments through a travel agent should satisfy themselves that they are financially protected by the travel agent’s own protection scheme, which you should check carefully before purchasing your travel arrangements. Crooked Compass by Air is not financially liable for bookings due to the insolvency of the travel agent.
Privacy Policy
Crooked Compass by Air is committed to protecting your personal information. 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.
General
These conditions cannot be varied, altered or waived by any servant, agent or representative of Crooked Compass by Air or any other person providing services on the tour.
The contract between you and Crooked Compass by Air is deemed to have been made in the State of New South Wales, Australia, and shall be governed by the laws of the State of New South Wales, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of New South Wales, Australia.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.
Crooked Compass Pty Ltd t/a Crooked Compass by Air is a limited liability company registered in Australia. Registered Office Level 5, 131 York Street, Sydney NSW.