Booking Terms and Conditions of BritJam Pty Ltd trading as Beautiful Journeys Australia, ABN 64679391274
These terms and conditions (“Terms”) govern the contractual relationship between BritJam Pty Ltd trading as Beautiful Journeys Australia (“the Company”, “we”, “us” and “our”) and its customers (“Customers”, “you”, “your”, “customer”, “person”, “booker” or “passenger”) means each person named on a booking request (including anyone who is added or substituted at a later date) or any of them as the context requires who purchase and participate in tours, extras and related services offered by the Company.
Services provided by the Company to Customers are limited too:
- Arrangement and coordination of tours and extras (extras being those items that are sold as extras, optional activities or products on our website).
- Delivery of the tours and extras that we directly control.
These services include preparatory work undertaken prior to the commencement of the tour.
Please read the terms and conditions carefully before making a booking request as they set out our respective rights and obligations.
Please also refer to the specific inclusions outlined for the tour you have booked. A link to the inclusions is here and also available on each tour page.
By booking a tour with the Company, Customers acknowledge that they have read, understood, and agree to be bound by these Terms.
1. Booking and Payment
1.1. Reservation Process To reserve a tour, Customers must complete the booking process through the Company’s website, or contact us directly via the inquiry form on the Company’s website or by email. Bookings are not confirmed until you have been issued a booking confirmation email.
1.2. Deposit Customers are required to make a deposit of at least 25% of the total tour price at the time of booking (or within 3 days of making the booking request if direct debit bank transfer is being used). Once the Customer has paid a deposit the price of the tour is guaranteed. The balance can be paid in instalments but the full remaining balance must be paid no later than 75 days prior to the tour commencement date. Refer to 1.7. Payments. If your booking is made within 75 days of the tour commencement date full payment is required at the time of booking.
1.3. Prices Tour prices are quoted in Australian Dollars (AUD). Prices include all applicable taxes and fees unless otherwise stated.
Prices include accommodation, transportation and other inclusions as per the itinerary published on the tour page. You can find the tour inclusions here.
Prices for group and independent tours are based on a twin or double share basis. A single supplement is payable for travellers who are travelling on their own or want their own room.
If you are a single traveller we can try to match you with another single traveller of the same sex and where possible same age, in a room match arrangement. Room match arrangements are made based on availability and on a first come first serve basis (based on the booking date). No liability is taken for any loss suffered due to the suitability of the travellers who agree to a room match. If a room match arrangement match is made, no adjustment can be made to this arrangement once the tour has commenced. If adjustments are made to this arrangement prior to the tour additional fees may also apply. If a room match arrangement is not made within 60 days of the commencement date of the tour, the single supplement is payable as per our payment terms and conditions. Please contact us to discuss this service.
For Design your own tours, the price and inclusions are as per the quote and itinerary provided to you at the time of confirming your booking request.
We reserve the right to release specials which are applicable to new bookings only. We also reserve the right to correct any obvious 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.
Personal costs associated with your travel including but not limited to flights, passports, visas, vaccinations, insurance, meals and drinks (other than those stipulated), emergency evacuation costs, gratuities/tips, and all other items of a personal nature are not included.
1.4. Design your own tour additional costs We are happy to assist you to Design your own tour and will provide up to 2 quotes free of charge. Further quotes will be charged at $100 each which will be credited against your confirmed booking.
1.5. Extras We offer some optional activities, pre and post tour accommodation and transfers at an additional cost. These are bookable at any time and we prefer that they are booked up to 7 days prior to the start of your tour so we can make arrangements. These are subject to these terms and conditions.
1.6. Price changes Tour and extras prices are subject to change without notice.
1.7. Payment The Company accepts payment via credit and debit cards, direct debit bank transfers, or other payment methods specified by the Company.
Full payment of the tour must be paid no later than 75 days prior to the tour commencement date. We reserve the right to request this earlier if required, particularly if we need to book through other providers.
If we do not receive the full remaining balance 75 days prior to the tour commencement date we will assume that your booking is cancelled. You may be subject to cancellation fees (see 3. Cancellations, Refunds and Amendments).
If you book within 75 days of the commencement of the tour full payment is required at the time of booking.
Payment reference will show as BritJam Pty Ltd.
1.8. Processing Fees Some payments are subject to a processing fee. These are as follows:
- Direct debit 0% (preferred payment method)
- Credit or debit card 2.2%
- AfterPay 6%
- PayPal – Australian customers 2.6%
- PayPal – International customers 3.6%
2. Booking on Behalf of Others
2.1. Responsibility The person making the booking (“the Booker”) is authorised to request a booking subject to these Terms and Conditions by all persons named in the booking request and must be at least 18 years of age when the booking is made. The Booker must ensure that all persons named in the booking request have read and agree to these Terms and Conditions. The Booker must also provide information or take other actions as directed by the Company in accordance with these Terms and Conditions for all persons named in the booking.
2.2. Minors If there are people under 18 years of age (“Minors”) at the time of the booking who are part of the booking request the Booker must also be authorised by the parents or guardians of these Minors to make the request subject to these Terms and Conditions. All Minors must be accompanied on the tour by a person aged over 18. Documentation evidencing the parental, guardianship or other rights allowing these minors to travel may be requested and provided before the minors are able to book and or travel on the tour.
2.3. Responsibility for payment The Booker is responsible for all payments owing under a booking request by all party members. After we receive your booking request and all appropriate payments (see 1.7 Payments above), we will issue a confirmation email if the booking arrangements are available. When we email your confirmation email to the Booker or a binding agreement will come into existence between us a that time.
2.4. Declining booking requests We reserve the right to decline any booking at our discretion.
3. Cancellations, Refunds and Amendments
3.1. Cancellation Policy Cancellations must be made in writing to the Company. The following cancellation fees apply (noting that Independent and Design your own tours may have different cancellation policies and these will be advised at the time of booking):
|
Cancellations made more than 75 days prior to the tour commencement date |
$50 per person |
|
Cancellations made 74 to 45 days prior to the tour commencement date |
$500 per person |
|
Cancellations made 44 to 30 days prior to the tour commencement date |
50% total cost of the tour per person |
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Cancellations made 29 days or less prior to the tour commencement date |
100% of total tour fee per person |
|
No show for tour |
100% of total tour fee per person |
3.2. Cancellation by the Company The Company reserves the right to cancel a tour due to unforeseen circumstances, including but not limited to adverse weather conditions, natural disasters, or insufficient bookings. In such cases, Customers will be entitled to a full refund or the option to reschedule the tour.
3.3. Force Majeure – Prior to Travel In the event of circumstances beyond the Company’s control, including but not limited to natural disasters, political instability, or acts of terrorism, the Company may cancel or modify the tour itinerary, and neither the Company or customer will have a claim for damages against the other for the cancelled arrangements.
Customers will be entitled to a refund or the option to transfer the credit to a future tour. The refund or transferred credit will be attributable to the cancelled tour and extras amount less:
(a) unrecoverable third-party costs and other expenses incurred by us for the cancelled travel arrangements;
(b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and
(c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
3.4. Force Majeure – During Travel If unforeseen circumstances arise during the tour, the Company reserves the right to modify the itinerary for the safety and well-being of Customers. The Company will make reasonable efforts to provide suitable alternatives, and but no refunds will be provided for missed activities or accommodations except for recoverable third-party costs. You agree that we have the right to pass on any costs we incur for alternative arrangements that we arrange for your benefit in these circumstances.
3.5. Minimum Numbers The Company reserves the right to cancel a tour if the minimum number of participants required to run the tour is not met. Customers will be notified at least 60 days prior to the tour if it is not running. In such cases, Customers will be entitled to a full refund of any recoverable third-party costs for cancelled tours and extras only.
3.6. Company amendments 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 our 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 arrangements we provide which you accept. We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
3.7. Company amendments – Prior to Travel On occasion we may need to make amendments or modifications to the tour itinerary and its inclusions and you acknowledge our right to do this. We will communicate within a reasonable time any significant changes to you tour itinerary as soon as we become aware them prior to the commencement of the tour (where the tour can still proceed).
3.8. Company amendments – During Travel Once the tour has commenced changes may need be required to transport, accommodation and/or the tour’s inclusions due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns and you acknowledge our right to do this. You agree that we have the right to pass on any costs we incur for alternative arrangements that we arrange for your benefit in these circumstances.
3.9. Customer Amendments – Prior to Travel Where possible we will work with you to make any amendments and additional requests but please acknowledge that these may not be possible to fulfil. We deem a transfer of a booking from one tour to another to be a cancellation. An administration fee of $50 per change will be charged for any changes to bookings. You may also be charged where additional costs are incurred due to these changes (such as cancellation charges, re-issue fees or charged by suppliers).
3.10. Customer Amendments – During Travel Once your tour has commenced no refunds will be made for any part of the tour or extras that you have booked which you choose not to use or which you cannot use for any reason other than a reason within our control.
3.11. Health restricting ability to travel At the commencement of the tour, or anytime during the tour if you are unwell or not in good physical and mental health to allow you to join, or continue with the tour, we have the right to stop you from joining or remove you from the tour. You will not be entitled to a refund. You may be subject to additional costs that are incurred in relation to any alternative arrangements made in addition to administration fees. We will also not be responsible for any loss or other costs you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing the tour in these circumstances.
3.12. Refusal of Carriage We reserve the right to decline any booking at our discretion. Anytime during the tour if your conduct on the tour is not in accordance with that outlined at 4.7. Conduct we have the right to remove you from the tour. You will not be entitled to a refund. You will be subject to additional costs that are incurred in relation to any alternative arrangements made in addition to administration fees. We will also not be responsible for any loss or other costs you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing the tour in these circumstances.
3.13. Refunds We are a small tour operator and therefore there are no exceptions to our cancellation, refund and amendment policy. Cancellation charges and fees cannot be waived. Refunds can only be approved and issued directly from the Company, Britjam Pty Ltd trading as Beautiful Journeys. Refunds can only be made in the same payment method as the initial payment was made.
4. Customer Responsibilities
4.1. Provision of information All Customers are required to provide requested information at least 14 days prior to the commencement of the tour, or when requested if this is at an earlier date. If this information is not provided prior to the commencement of the tour you will not be permitted to join the tour. This information is collected and retained as per our Privacy Policy.
Information that we will request includes the following for each Customer (this list is not exhaustive and we will request and require all information we require to book and operate your travel):
- General information for each traveller. Names and date of birth must be as per what is in your passport.
- Emergency contact details.
- Copy of flight schedule, passport and visa.
- Copy of your certificate of insurance including details of the issuer, policy number, coverage details, underwriter and a 24 hour emergency contact number.
We will collect some of this information at the time of the booking request being made and some once we have confirmed your booking request. The remainder must be provided to us at least 14 days prior to the commencement of the tour, or when requested if this is at an earlier date.
Information will need to be provided digitally through an electronic form or by email.
Changes to any information provided are required in writing at least 14 days prior to the tour. Where additional costs are incurred due to these changes you may be responsible for any fees charged (such as cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
We may also be required to obtain information or have you sign terms in relation to services delivered by Third Party Suppliers. Refer to 5.3 Third parties.
4.2. Obligation to ensure your information and details are correct Please review all correspondence from us carefully as soon as you receive it to ensure that we have your correct information recorded. If you identify any errors or issues in relation to your information please contact us immediately. If you do not inform us of any errors we cannot accept any liability. We will do our best to rectify any errors notified to us, but where additional costs are incurred due to these not being notified to us in a timely manner you may be responsible for any fees charged (such as cancellation charges or re-issue fees) in addition to our administration fees. Changes or cancelations for any arrangements may also mean you incur additional costs or a cancellation charge (See 3. Cancellations, Refunds and Amendments).
4.3. Travel Insurance Requirement Comprehensive travel insurance is mandatory for all Customers participating in tours. You cannot join the tour unless insurance information has been provided. At minimum the policy should have a high level of medical cover including repatriation. We will require a digital copy of your Certificate of Insurance including details of the issuer, policy number, coverage details, underwriter and a 24-hour emergency contact number at least 14 days prior to the tour departure date.
4.4. Passport and Visa Customers are responsible for ensuring they have the necessary travel documents, including passports, and visas, where required. The Company accepts no liability for Customers who are unable to participate in the tour due to inadequate documentation. Your passport will need at least 6 months validity and 2 blank pages available. Customers must provide a digital copy of their passport and visa to the Company at least 14 days prior to the travel date. Further visa details will be collected once you enter India. Note that you will be required to show your passport at most hotels and some other venues in India.
4.5. Health and safety We recommend that you be familiar with the travel advice and destination information provided by your government. For those travelling on an Australian passport this is: http://smartraveller.gov.au/
The Smart Traveller website also provides other general useful information when travelling internationally.
Please consider the itinerary and physical requirements for the tour and assess whether the tour or itinerary is suitable for you.
Activity level: Light Tours rated as light physical activity means you will have a moderate level of fitness and need to be capable of the following:
- walking up/down multiple flights of stairs and slight inclines while sightseeing
- walking for several kilometres as part of general sightseeing and walking tours (this may be in one stretch or on and off walking)
Activity level: High Tours rated as high physical activity means you will need to be capable of the following:
- navigating steep inclines and uneven terrain
- undertaking activities that require a high level of fitness
Most tours also require travel in a car, van or bus, often for many hours at a time (usually up 6-8 hours). You need to be able to travel seated for extended periods.
Please consult your doctor to advise you on any medical requirements that are required to travel to India. You will also need to check any requirements in relation to carrying personal medication during your tour.
You need to advise us of any medical condition that you may reasonably expect will impact you during the tour or that which may have a higher risk of needed medical assistance during the tour. We may request that you get an independent assessment from a qualified medical practitioner on your ability to travel. Based on this assessment we may cancel your booking if we do not think we can reasonably provide support for your medical conditions. You should not make a booking request if you have been advised by your doctor not to travel.
If you are taking a group tour we cannot make modifications to accommodate different physical health requirements.
Please refer to 3.11 in regards to health restricting your ability to travel.
4.6. Travel arrangements prior and post tour All flights (other than those mentioned in the tour itinerary and/or the specific inclusions outlined for the tour you have booked) are the Customers responsibility. You will need to ensure that your flight arrival and departure times allow for adequate time for you to join the tour, and travel to the airport at the end of the tour.
Accommodation, ground transport, meals and layovers before and after the scheduled tour dates are the Customers responsibility.
The tour commencement location will be in the city that is noted in your itinerary. We will advise you of the tour commencement location approximately 60 days prior to the tour commencement.
4.7. Conduct Customers are expected to conduct themselves in a respectful manner towards other tour participants, tour hosts and guides, and local communities visited during the tour. This includes but is not limited to behaviour that threatens physical or mental safety of the tour participants, unsocial or unruly behaviour, or consumption of prohibited substances and materials. You are also required to adhere to all laws of the countries you visit. The Company reserves the right to refuse service to any Customer who engages in disruptive or inappropriate behaviour. The tour host has the final authority to make decisions about these matters. Refer to paragraph 3.12. Refusal of Carriage for more information.
4.8. Personal Belongings: Customers are responsible for their own personal belongings during the tour. The Company accepts no liability for loss, theft, or damage to personal property.
4.9. Dietary requirements and preferences You must inform us of any specific dietary requirements, allergies, or food intolerances. Lacto-Ovo Vegetarian preferences can be catered for at all times. Most other food preferences are unable to be met. We advise you to communicate directly with the staff at restaurants or food service providers during the tour to confirm that your dietary needs are understood and met. In some remote or less-developed areas, the availability of specific dietary items or substitutes may be limited. We recommend bringing any necessary specialty food items with you, especially if your dietary requirements are critical.
4.10. Consent to Photography and Videography By participating in our tours, you consent to the capture of photos and videos by our staff and third-party photographers/videographers. These photos and videos may include images of you individually or as part of a group.
We reserve the right to use any photos and videos taken during our tours for promotional, marketing, and advertising purposes. This includes, but is not limited to, use on our website, social media channels, brochures, and other promotional materials. Photos and videos may be edited, altered, copied, exhibited, published, or distributed without your inspection or approval.
All photos and videos taken during our tours are the property of Brittjam Pty Ltd or the respective third-party photographers/videographers. You will not receive any compensation for the use of your likeness in these photos and videos.
Opt-Out Option: If you do not wish to be photographed or filmed, please inform our staff or the photographer/videographer at the beginning of the tour. We will make reasonable efforts to accommodate your request and ensure that you are not included in photos or videos. If you realize during the tour that you have been inadvertently photographed or filmed, please notify our staff as soon as possible to address the situation.
We respect your privacy and will not use photos or videos in a manner that is defamatory, obscene, or otherwise objectionable. We aim to portray all participants in a positive and respectful manner.
We may share photos and videos with our partners, affiliates, and third-party service providers for the purpose of promoting our tours. These parties are also bound by similar terms and conditions regarding the use of these images.
5. Liability
5.1. Assumption of Risk Participation in tours involves inherent risks, including but not limited to accidents, injuries, and unforeseen events. Customers acknowledge and accept these risks and agree that the Company shall not be liable for any injury, loss, or damage sustained during the tour, except where caused by the negligence or wilful misconduct of the Company.
5.2. Indemnity You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
5.3. Third parties We contract with a network of companies, activity, transport and accommodation providers, airlines, tour and local guides, government agencies, independent contractors and individuals to assist in the operation of our tours as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in 4.1. Provision of information. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.
5.4. Vicarious liability We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
5.5. Optional activities Optional activities not included in the tour or extras do not form part of the tour or extras or this contract. You accept that any assistance, recommendations or advice given by your tour host or leader, driver or other local representative in arranging optional activities (including before or after a tour) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
6. Complaints Policy
6.1. We are committed to continually improving the products and services we provide by welcoming feedback from Customers and our community. We want to ensure that any person or organisation using our services or affected by our operations, has the right to lodge a complaint or to appeal a decision of the organisation. We value your feedback and commit to resolving issues quickly, fairly, efficiently and with courtesy. Your rights to confidentiality, access, equity, and transparency shall be maintained throughout the complaints handing process.
6.2. Where you are not satisfied with any arrangements during your tour you should inform the tour host, or other local provider (i.e. hotel or restaurant manager) in the first instance. Where this is not resolved or you wish to make a further complaint this needs to be done in writing to travel@beaufituljourneys.com.au within 30 days of the completion of your tour. Please provide any documentary evidence with your complaint.
7. Privacy
7.1. We collect information from you as noted in this contract in order for us to make your tour arrangements. Refer to our Privacy Policy for more information.
8. Governing Law and Jurisdiction
8.1. Applicable Law These Terms shall be governed by and construed in accordance with the laws of Australia.
8.2. Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Australia. This contract is governed by the laws of the state of Queensland and any legal action arising therefrom shall be litigated only in the appropriate court in that state having jurisdiction in that claim.
9. Severability
9.1. Invalid Provisions If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.
10. Amendments
10.1. Changes to Terms: The Company reserves the right to amend these Terms at any time without prior notice. Any such amendments will be effective immediately upon posting on the Company’s website.
By booking a tour with BritJam Pty Ltd trading as Beautiful Journeys Australia, Customers acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.