Terms and conditions
Introduction
Ab Fab Andrea Pty Ltd ABN 54 635 805 480 (“Ab Fab Andrea” or “we” or “our” or “us”) offers tours known as “Ab Fab Andrea Art Adventures.
You and everyone on whose behalf you make a booking (“you” or “your”) accept and agree to be bound by these Terms and Conditions when you make a reservation on our tour; and, accept and agree with the “Statement of Acceptance of Risk” set out below.
Please read these Terms and Conditions carefully before making your booking reservation as they will govern the responsibilities and liabilities in the Contract between Ab Fab Andrea and you.
The person making the booking reservation warrants that they have full authority to make the booking reservation on behalf of all persons named and to bind those persons to these Terms and Conditions.
1. Deposit, Payment & Booking Acceptance
To make a booking for the tour, you must complete the online reservation form and pay a non-refundable tour deposit of AUD$800. Upon receiving your completed reservation form and tour deposit, we will inform you by email that your booking application is either confirmed or denied. If your booking application is denied, your tour deposit will be refunded in full. A booking confirmation will signify that a legally binding contract for the tour has been entered into.
Full payment of the tour price is due 60 days prior to the tour commencement date. For bookings made less than 60 days and more than 30 days prior to tour commencement date, full payment must be made within 7 days following the booking confirmation. For bookings made 30 days or less prior to the tour commencement date, full payment is required at time of booking.
If the balance tour price is not received as required, we may cancel your booking and forfeit your tour deposit.
Payments are to be paid though direct deposit (or international transfer) into our Australian bank account, in Australian currency. Please refer to your booking confirmation email for further details.
2. Prices
Our tour prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means that our tour prices may be varied at any time in accordance with variations in exchange rates and market conditions. For up to date tour prices, always refer to our website.
Once you have paid your tour deposit and your booking confirmation has been issued, your tour price will not change. Any increase or reduction in pricing or discounts that may become available after you have paid your tour deposit will not apply to your booking. If you wish to cancel your booking to take advantage of a cheaper price, cancellation conditions will apply.
3. Surcharges
We reserve the right to apply price surcharges at any time if, and in line with, increases in costs due to unforeseen events such government action, currency movements, transportation costs, increases in local operator costs, taxes, fuel cost increases or other unexpected price rises after the booking confirmation. Any price surcharge will be limited to the net cost to Ab Fab Andrea.
We will not apply a surcharge for any amount up to 2% of the increase in the tour price.
If any price surcharge represents an increase of more than 8% in the tour price you may cancel the booking within 14 days of notification of the price surcharge, and obtain a full refund of the tour price.
If you cancel, we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance or non-refundable flights.
4. Tour Inclusions & Exclusions
The tour price includes: full accommodation + taxes; all transport + taxes in relation to scheduled activities unless listed as “optional”; airport/hotel transfers as listed; all tour guide fees; all breakfasts + taxes; all site entrances and scheduled activities unless listed as “optional”.
The tour price does not include: international flights; lunch and dinners other than those specified in the itinerary for your chosen tour; alcohol; visa and passport fees; travel insurance; optional activities; personal expenses and spending money.
5. Tour Kitty
Contribution to a ‘Kitty’ is requested to cover all meals, except breakfast, when we eat as a group, which is the majority of the meals. It also covers tips for the hotel staff. The ‘Kitty’ is collected and put into a central fund which is overseen by the travelers and our team. Payment into the ‘kitty’ is usually about AU $300 per person for 16 days. It does not fund alcohol or beverages out of meal times.
6. Age & Health requirements
You must be a minimum of 18 years of age to participate in our tour. You must be of able body and mind to participate in the scheduled activities as outlined in the itinerary and have no pre-existing medical conditions which may be worsened as a result of travel in India.
It is your responsibility to obtain a full health check from your G.P. before travel.
We will not be held liable for any medical conditions caused or exacerbated as a result of travel in India.
7. Cancellation by You
If you choose to cancel your tour booking for any reason, you are required to notify Ab Fab Andrea via written email communication. Verbal notification will not be accepted.
The following cancellation fees apply if you cancel the tour:
• 60 days or more prior to the tour commencement date, we will retain the deposit but refund any additional payments made.
• 31 - 59 days prior to the tour commencement date, we will retain 50% of the tour cost.
• 30 days or less prior to the tour commencement date, we will retain 100% paid by you in connection with the tour booking.
If you leave a tour for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.
8. Cancellation by Ab Fab Andrea
Ab Fab Andrea tours reserves the right to cancel the tour if minimum participant requirement is not met or proceed with the tour with less participants.
All Ab Fab Andrea tours generally require a minimum of 8 participants to run. In the event that Ab Fab Andrea cancels a tour because the minimum participant requirement has not been met, notification will be given no less than 30 days prior to the tour commencement date and will refund all payments made by you.
Ab Fab Andrea may cancel a tour at any time prior to the tour commencement date if, due to circumstances outside of our control, such as but not limited to: terrorism, political instability, war, strikes, accident or natural disasters, it is deemed unsafe or not viable for us to operate the tour. If we cancel a tour due to any reasons outside of our reasonable control, you will receive a refund on amounts paid, less any unrecoverable costs to Ab Fab Andrea tours, such as but not limited to: hotel reservations and tour guide fees.
Ab Fab Andrea is not liable for any other incidental costs paid by you which are irrecoverable as a result of its cancellation of your tour, including but not limited to; non-refundable flight tickets, visas, travel insurance, vaccinations and purchases, and Ab Fab Andrea will not be liable for any loss of enjoyment due to cancellation.
9. Tour Booking Amendments
If you wish to transfer from one tour to another or transfer your tour booking to a third party you must notify us at least 60 days prior to the proposed tour commencement date. A fee of $100 per person per transfer will apply. If you notify us less than 60 days prior to the tour commencement date the refund policy applicable to a cancellation by you will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the tour.
10. Change of Itinerary, Tour Guide or Group Leader
While we endeavor to operate all our tours as described, we reserve the right to alter, re-route or shorten any itinerary due to reasons outside of our control such as, but not limited to, transport delays, strikes, weather conditions, safety concerns and travel advice of “Reconsider your need to travel” or “Do not travel” issued by a Government Authority. Any extra cost incurred in doing so will be treated as a price surcharge.
If your tour guide or group leader is, for whatever reason, unable to travel with your party, we reserve the right to provide a replacement of similar professional expertise.
11. Insurance
It is a condition of participating in an AbFab Andrea tour that you hold valid travel insurance for the duration of the tour. Your travel insurance must provide comprehensive cover for: Cancelled or rescheduled Travel Arrangements (cancellation fees and lost deposits); Delayed or interrupted travel (and resumption); Altered travel arrangements; Loss of or damage to baggage, personal effects and travel documents; Medical, dental, pharmaceutical, hospital expenses (hospital cash allowance); Repatriation (evacuation and medically assisted travel); Accidental death or permanent disability; and Personal Liability. Please carry your travel insurance document with you at all times and provide a copy to AbFab Andrea.
12. Visa and Passport
Visitors to India of most nationalities require a visa to enter India. It is your responsibility to obtain a valid visa from the Indian Consulate General Office in your country. We can assist you with information regarding the visa process, but not make the application.
Please also ensure your passport is valid for a minimum of 6 months beyond the due date of your return home.
We accept no responsibility if you are refused entry to India because you have an invalid passport, the absence of a visa or other invalid travel documentation.
Please leave a photocopy of all travel documents at home as it will assist if replacements are required.
13. Emergency Contact
It is a condition of participating in an Ab Fab Andrea tour that you supply the contact details for two next of kin or emergency contacts. This information will only be used in case of emergency.
14. Travel Details
At least 30 days prior to tour commencement your tour, we will require a copy of all relevant travel documents, including your visa, passport, flight details, travel insurance and next of kin details.
15. Privacy policy
We may need to share your personal details with relevant booking agents in order to complete your tour bookings or in case of medical or other emergency. We respect your privacy and will only ever share your details when necessary and will never sell your details to a third party. Refer to our Privacy Policy.
16. Photos and Marketing
You consent to us using images of you taken during the tour for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
17. Optional Activities
Optional activities which are not included in the tour price do not form part of the tour. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider. We are not responsible for any loss, death, injury or damage which you may suffer as a result of participation in an optional activity.
18. Flexibility
You appreciate and acknowledge that the nature of travel in India requires considerable flexibility and you should expect for alternatives and alterations. The itinerary provided for each tour is representative of the types of activities undertaken, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
19. Claims & Complaints
If you have a complaint about your tour please inform your group leader at the time in order that they can attempt to deal with the complaint. If satisfaction is not reached through these means then your complaint should be put in writing to us within 30 days of the end of the tour.
20. Limitation of Liability
You are aware that we operate tours in India and are aware that dangers and risks may be present when traveling in India. As such, we, our group leaders, guides, staff and volunteers are not responsible, to the fullest extent permitted by law, for any liability for any loss, death, injury, damage, delay or inconvenience which you may suffer (directly or indirectly) in connection with or arising out of your participation in our tour.
We contract with a network of businesses, companies and individuals in and outside of India that assist in the running of our tours. We are not responsible for the acts and omissions of these third parties.
21. Severability
In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
22. Australian Law
All matters arising from your contract with us are governed by Australian law and are subject to the exclusive jurisdiction of the Australian Courts.
23. Statement of Acceptance of Risk
“I acknowledge that traveling with AbFab Andrea requires travel within India and as such involves a degree of personal risk above and beyond those I might encounter in my daily life or in other regions of the world. I understand that I am traveling in a region of the world where the standard of cleanliness, hygiene, accommodation, transport, safety, medical facilities, telecommunication and infrastructure is not of the same standard I am used to in my home country. I have read and understood all the Ab Fab Andrea information for the tour and travel in this region. I will provide details of any pre-existing medical conditions in writing to Ab Fab Andrea prior to commencement of the tour. I acknowledge that my decision to travel on an Ab Fab Andrea tour is made in light of considering all risks and I assume full responsibility for any outcomes as a result of these risks. I release Ab Fab Andrea, its group leaders, guides, staff and volunteers from any liabilities connected to these risks to the fullest extent permitted by law.”
