Terms & Conditions
LUXE ASSOCIATES TRAVEL PTY LTD BOOKING TERMS AND CONDITIONS
1.1. The following terms and conditions (Terms) as set out below will apply to all tour services provided by Luxe Associates Travel Pty Ltd (ACN 601 617 074 ) (Luxe), such services will hereinafter be referred to as the Luxe Tours (Luxe Tours). In these Terms, “we” “us” and “our” refers to Luxe.
1.2. Luxe reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times or make other alterations, amendments and cancellations to the Luxe Tours without notice. However, reasonable effort will be made to maintain arrangements as advertised.
1.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any bookings placed through the Website. You agree to provide us with current, complete, and accurate details when asked to do so by the Website.
1.4. In certain circumstances, we may need to reject your booking request. This may happen where the Services are not available or if there is an error in the price or the description posted on the Website.
1.5. If we reject your booking request, then we will endeavour to notify you of that rejection at the time you place the booking request or within a reasonable time after you submit your booking request.
1.6. A booking is only considered accepted after receipt of an email confirmation from Luxe.
1.7. Each booking placed through the Website that we accept results in a separate binding agreement incorporating these Terms between you and Luxe for the supply of Luxe Tours.
1.8. For each booking accepted by us, we will:
a. supply the Luxe Tour in that booking to you in accordance with these Terms; and
b. provide you with an email confirmation of that booking.
1.9. Luxe Tours or rights or entitlements to Luxe Tours must not be offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion of any supplier or any supplier’s products or services, without Luxe’s prior written permission.
2. TOUR PRICES AND PAYMENT
2.1. All prices are in Euro (EUR) and may be subject to change. We endeavour to ensure that our price lists are current and reserve the right to amend our prices at any time.
2.2. All prices are inclusive of GST & other relevant taxes unless otherwise stated.
2.3. All payments are to be made in Euro.
2.4. Luxe offers the option of either PayPal or Stripe payment services for transactions on the Website. You will be bound by the terms, conditions, and fees described on by PayPal & Stripe websites in addition to these Terms. Please note that we do not store your credit card information on our server.
2.5. Payment is deemed to be confirmation that you have read and accepted these Terms.
3. GIFT CERTIFICATES
3.1. Gift certificates will be sold either for a specific Luxe Tour or for a specific amount. Gift certificates are non-refundable but transferable. Gift certificates must not be resold or used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without Luxe’s prior written permission.
3.2. A gift certificate must be redeemed within 6 months from date of purchase and the Tour must take place within the following 6 months.
4.1. All participants in the Luxe Tours (Participants) must hold a Luxe issued gift certificate or confirmation letter. All Participants will be required to disclose to Luxe prior to the commencement of the Luxe Tours whether the Participant suffers from any medical condition or food allergies which may prevent the Participant from undertaking the Luxe Tours. For tours involving food, the participant must inform Luxe of any food related allergies or preferences at time of booking.
4.2. The Participant acknowledges and agrees to participate in the Luxe Tours at their own risk.
4.3. A Luxe Tour Participant must:
4.3.1. prepare for the Luxe Tour by bringing any items specified in the booking confirmation voucher;
4.3.2. accept the physical risks involved in the Luxe Tour;
4.3.3. will not commence the Luxe Tour if they are unfit or become unfit to participate in the tour by reason of ill health or injury;
4.3.4. be responsible for the safekeeping against loss and protection against damage of all personal effects of the Participant; and
4.3.5. have travel insurance covering cancellations, inability to travel or continue with the Luxe Tour (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability. Luxe will not be held responsible for any of the above or related expenses.All Luxe Tours endeavour to begin exact at the time specified by the confirmation letter, Tour Participants will need to come to the meeting point at least 10 minutes prior to the specified tour time. If Tour Participant does make Luxe aware of any delays or travel issues prior to the commencement of the Tour, Luxe is under no obligation to provide a refund or replacement tour.
5. CONDUCT AND SAFETY
5.1. Please take care of all your personal property. Luxe will not be liable for any theft, loss or damage to the personal property of any Participant of a Luxe Tour.
5.2. During the tour all Participants must obey the directions and instructions of the Guide, must not disturb other participants or interfere with the Guide’s ability to conduct the tour in a safe manner.
5.3. Each Participant is responsible for maintaining their safety at all times. By agreeing to take part in the Luxe Tour, you are agreeing to exercise due care and attention for the duration of the Luxe Tour.
5.4. Luxe may, at its discretion, exclude any Participant from the Luxe Tour if Luxe deems his or her conduct to be offensive or a nuisance to other participants or should circumstances be deemed to compromise tour safety.
Cancellation by Luxe
6.1. Luxe may cancel a tour the weather makes the participation in the Luxe Tour unsafe or for any other reason at Luxe’s sole discretion. Weather conditions that may be inclement however are not unsafe by Luxe will mean that the tour will run.
6.2. Should a Luxe Tour not proceed, then participants will either be re-booked at the earliest possible time taking into account available times, or be issued with a refund voucher in the case of purchases bought through an agent
6.3. The relevant party who has sold the tour to the Participant will make all reimbursements.
Cancellation by You
6.4. Clients are entitled to full refund (100%) if tour plans are cancelled 15 to 30 days prior to start time and date of tour; clients are entitled to partial refund (30%) if tour plans are cancelled 8 to 14 days prior to start time and date of tour; clients are entitled to partial refund (15%) if tour plans are cancelled 7 days prior to start time and date of tour; and client will NOT be entitled to ANY refund (0%) if tour plans are cancelled 0-6 days (168 hours) prior to start time and date of tour.
6.5. Entry Tickets: Entry tickets to museums or sights that have been purchased in advance for clients cannot be refunded under any circumstances.
6.6. Amendments to Tour Arrangements: Any amendments to travel plans received 14 days prior to tour start time incur no fee; amendment to travel plans received between 7 and 13 days prior will incur a 10 euro per person amendment fee.
6.7. If a force majeure event causes the cancellation of the Luxe Tour then the Participant must rely upon travel insurance they hold for compensation and
where possible, Luxe will endeavour to substitute an itinerary with similar experiences. In these circumstances, we ask for the courtesy of an immediate email or phone call to advise. email@example.com firstname.lastname@example.org or +39 346 377 2357, Skype: luxeassociates
7. LIMITATION OF LIABILITY
7.1. You acknowledge that to the extent permitted by law, Luxe will not be subject to, nor incur, and you release Luxe from, any loss, claim, action, or liability for consequential loss or damage to you or any third party, including any loss of business, revenue, profits, non-delivery, conduct or things done, permitted or omitted in relation to providing of the Luxe Tours no matter how caused. Further, but only to the extent permitted by law, Luxe will not be responsible for loss or damage arising from any negligent act or omission of Luxe or any person for whom Luxe is responsible.
7.2. You acknowledge that any statement made by Luxe in relation to the Luxe Tours are made in good faith to assist you and Luxe will not be bound or held to those representations whatsoever.
7.3. Luxe will not be liable for any illness, injury or death sustained on a Luxe Tour by reason of a Participant’s medical condition. Travel insurance is the responsibility of each Participant. If you have any specific food or drink related allergies, the Tour Participant must make Luxe aware of these at time of booking. Luxe will not be responsible for, and the Participant releases Luxe from, any liability arising out of any medical condition suffered by the traveller during the Luxe Tours or as a consequence of the Luxe Tours.
7.4. Luxe is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled Tour taking place.
8. WARRANTIES & DISCLAIMER
8.1. You acknowledge that to the maximum extent permitted by law (including the Australian Consumer Laws); all implied conditions and warranties regarding the provision of Luxe Tours under these Terms are excluded. Luxe’s liability in relation to any non-excludable conditions or warranties is strictly limited to (at Luxe’s option) either delivering the services again, or paying the cost of providing similar services again. In any event, Luxe’s total liability under this Agreement (including for loss or damage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the Participant to Luxe.
8.2. Luxe is not responsible for the actions, defaults or negligence of any travel or accommodation providers it engages for the purposes of the Luxe Tours. Participants should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers.
9.1. The Participant indemnifies and holds harmless Luxe and its officers, employees and suppliers against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against Luxe) as a result of, or arising in relation to, whether directly or indirectly, the Participant booking or participating in the Luxe Tour or any act or omission by the Participant in relation to the Luxe Tour.
9.2. Where an agent on behalf of Luxe enters into a sale, booking or any other transaction then that agent shall indemnify Luxe for any loss, damage or expense incurred by Luxe as a result of any misrepresentation, breach of contract or act of negligence by the agent.
10. MODEL RELEASE
10.1. All Participants acknowledge and agree that Luxe is expressly authorised to take photographs of the Participants during the tour and utilise such photographs for the purposes of advertising and promoting the tour, including but not limited to being displayed on the Website.
11.1. Participants are bound by these Terms by booking in their own right or having a booking made on their behalf by another person from the time of booking.
11.2. These Terms are the complete and conclusive statement of the agreement between you and Luxe in relation to the Luxe Tours provided by Luxe to You. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of Luxe. For the avoidance of doubt, to the extent of any inconsistency between these Terms and the Luxe general Terms and Conditions, these Terms will apply.
11.3. These Terms shall take effect and be construed in all respects in accordance with the laws of the State of New South Wales, Australia. Luxe and each Participant irrevocably submit to the jurisdiction of the State of New South Wales for all proceedings arising in connection with these Terms.