Terms and Conditions - Handmade Holidays Australia

Travel Indochina
A division of Stella Travel Services (Australia) Pty Ltd ABN 84 003 237 296

The information contained in this website is offered to you, the client, by Travel Indochina ABN 84 003 237 296 (“Travel Indochina”, “we”, “us” or “our”) of 403 George Street, Sydney, NSW, 2000, Australia.

Important Notes –
·          The travel industry in Vietnam, Cambodia, Laos, Thailand, China and India, is still in its infancy. Whilst the freshness of novelty of tourism in these countries is part of the appeal to many visitors, others might see things differently.  It is important to recognise that the level of service and standards in some areas, whilst improving, is not yet comparable to service standards in more mature travel destinations.
·          The information contained in these conditions of reservation (“Conditions of Reservation”) is an invitation to you to travel with us and can only be accepted by us. Once we have accepted your booking and you have paid your deposit there will be a legally binding contract between us.
·          The Conditions of Reservation can only be varied or modified in writing by us. You must not vary or modify the Conditions of Reservation without our prior written agreement.
·          It is your responsibility to read the Conditions of Reservation carefully and if you do not understand them you must contact your travel agent for further information.

Reservations – Bookings can be made by calling 1300 365 355 or through one of our preferred travel agents.

Deposits & Balance – A deposit of $100 per person is required to request a booking. For bookings at a value of less than $300, full payment is due at time of booking. By paying a deposit it will be understood that you have read and accepted these Conditions of Reservation. Your balance is due and payable to Travel Indochina 65 days prior to the scheduled date for departure from Australia notified to you in your confirmation of booking. Failure to pay in full by the due date may result in the automatic cancellation of your booking. Please note that different deposit and payment terms may apply to selected products. In these cases terms are made clear in the product description text in this brochure or at the time of making a reservation.

Late Bookings – Applications for bookings that are made 7 days or less prior to the scheduled departure from Australia will be subject to a late booking fee of $50 per application, and full payment is required at the time of booking. Please note that we are unable to accept cheques for late bookings. 

Minimum Booking Fee – Bookings of 3 nights or less will incur a minimum booking fee of $50.

Agent Responsibilities – It is the responsibility of the travel agent to ensure that all invoice and itinerary details issued to the traveller/s are correct and that travellers are aware of amendment and cancellation conditions, and other key terms in these Conditions of Reservation.

Prices & Fluctuation – Prices in this website include all government levies and airport taxes as at the date of brochure publication. Please note that these levies and taxes are subject to change. Additionally, due to the unstable nature of the Australian dollar, regrettably currency surcharges may be necessary. Travel Indochina will without guarantee try to give clients who have paid deposits a grace period to pay in full in order to avoid any surcharge. However, the best way to avoid surcharges is to pay in full as soon as possible.

Amendments – Once itineraries are requested one free change is allowed. A fee of $60 is required for every change thereafter and a deposit must be paid on the booking before it can be changed.  If an amendment is requested within 60 days of the scheduled departure date a cancellation fee may also apply.

Cancellation & Refunds – Requests for cancellation of confirmed bookings must be made in writing and will be subject to the following cancellation fees applied per person, per confirmed booking:
·          For requests for cancellation made more than 60 days before the scheduled date for departure from Australia – the deposit will be forfeited to Travel Indochina
·          For requests for cancellation made between 30–60 days before the scheduled date for departure from Australia  – a cancellation fee of 25% of the travel and booking fee or $300 (whichever is the greater) will be payable
·          For requests for cancellation made less than 30 days before the scheduled date for departure from Australia – 100% of the travel and booking fee will be payable
Cancellation of air arrangements will be subject to fees charged in accordance with the type of airfare used and airline tariff regulations. Refunds will not be given for unused or cancelled services after your tour arrangements have commenced. 

Airfares, Cancellations & Amendments – The prices in this website do not include airfares from or to your departing destination.  Check with your agent for fares with all carriers to Asia.  Ask us for the best deals to match your chosen holiday. Separate terms and conditions will apply to your airfares. It is your responsibility to carefully read and understand the terms and conditions that relate to your airfare and contact the relevant airline if you require further information. Cancellation and refund policies associated with airfares vary according to airfare terms and conditions and the relevant airline. Discounted airfares are often non-refundable and non-changeable after ticket issue.  Depending on the reason for airfare cancellation and the type of insurance policy you possess, air cancellation fees may be recoverable from your insurance company.

Insurance – Medical facilities across Asia are often unable to provide the full range of medical services that are available in developed countries, making evacuation a requirement in many non-life threatening medical situations. The costs of evacuation as well as international standard care are extremely high.  In the most serious emergencies, travellers may not be capable of authorising payment for an appropriate medical response that is urgently required.  This may delay or prevent the provision of critical and possibly life-saving medical attention.  For these reasons, regardless of the type of your holiday arrangements, we strongly recommend that you take out travel insurance at the time of booking.
Note that travel insurance ‘attached’ to credit cards is often limited in scope (e.g. not covering serious medical, repatriation or evacuation expenses) and in any case is usually effective only if travel arrangements have been purchased with the card. Please note also that government regulations in Asia do not always require or enforce the possession of liability insurance by hotels, transport and other suppliers. Even when insurance is in place, it can be for very limited coverage only. Travel Indochina does its best to work with suppliers who possess liability insurance, however it is not always possible to find and contract with such suppliers. Contact your travel agent to organise insurance for your holiday.

Special Needs – If you have special travelling needs, you are obliged to make us aware of these at the time of booking request.

Bedding Configuration – Requests for specific bedding types must be made at the time of booking. We may not always be able to accommodate your needs, depending on the room types available at particular hotels. Note that double rooms can be fitted with either double or twin beds, and note also that single rooms are often smaller than other rooms. Triple rooms usually comprise a twin bed room with an additional sofa bed, roll-away bed or a fold-away bed for a third person, and can sometimes be crowded.

Travelling with Children – Where a child stays for free in a room sharing with two paying adults, generally the hotel will expect the child to share the parent’s bed and will not provide an extra bed. Additional charges may be levied for child meals. Where a child rate is provided in this website, an extra roll or fold-away bed is usually provided. Children are charged an adult rate if staying in a room without adults.

Documents – Travel documents will be issued after final payment has been received and are normally sent two weeks prior to departure.

Consumer Claims – We strive to ensure your arrangements are delivered smoothly, however there are times when problems arise on the ground. You should first try to resolve service problems with the provider of the service. If the problem cannot be resolved you should contact the emergency contacts provided in your detailed itinerary.  If you fail to take these steps you may be affecting your recourse for a future claim. If a problem is not resolved during your journey you should send us written correspondence detailing the nature of your complaint as well as the efforts you went to resolve the problem while in Asia. Please send this correspondence to us, with supporting documentation, via your travel agent, within 30 days of the date of service delivery.  We will not consider claims made after this period.

Destination Advice – All the countries featured in this website are at various stages of economic development. Whilst most accommodation and transport utilised in the programs meet international standards, the destinations themselves do not provide infrastructure of the same standard as Australia. Specifically roads, wharves, hospital facilities and other infrastructure may be below western standards. Travellers should check with the Department of Foreign Affairs and Trade (www.dfat.gov.au or phone 1300 555 135) for the latest advice about a particular destination. Please ensure that you are aware of health and entry/exit requirements that may apply to places you are visiting and check with the World Health Organisation at www.who.int. You are responsible for meeting any requirements recommended by these websites.

Visas – At the time of publication Australian passport holders require visas for Vietnam, China and India, which must be acquired prior to your departure. Visas for Cambodia and Laos are also required and can be obtained on arrival through one of the international airports or land borders. No visa is required for Thailand provided you are staying less than 30 days. Your Travel Agent or Travel Indochina can assist you with acquiring visas. However, the timely acquisition of a valid visa and other official travel documents remains your responsibility. It is highly recommended that you allow a minimum of 10 working days for visa processing. Please note if you leave and re-enter any country that requires a visa you may need to obtain a double entry visa for that country.  Please also note that most countries in Asia insist that passports are valid for at least six months after date of entry into Asia.

Liability Disclaimer – To the extent permitted by law and subject to the statutory warranties referred to below, Travel Indochina:
a)       does not guarantee the accuracy of, and disclaims all liability for any inaccuracies relating to the information contained in this brochure including, without limitation, descriptions of accommodation, photographs and general product and service descriptions, much of which is provided by the respective suppliers
b)       disclaims all warranties, terms and conditions with regard to such information, products and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement
c)       excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with use of the information contained in this brochure or your participation in a journey
d)       in relation to all other loss or damage, limits its liability to a maximum of the cost of the journey booked
e)       disclaims all liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other cause beyond its direct control and will have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority

Travel Indochina acts as contractor only for the persons or companies providing or offering the means of travel conveyance, transport, accommodation or other services (‘Suppliers’) and all receipts, tickets, vouchers and coupons are issued subject to the terms and conditions under which such transportation and services are offered by such persons. Some of these Suppliers limit or exclude their liability, and action against these Suppliers may be subject to international convention between countries. To the extent permitted by law, Travel Indochina excludes all liability in respect of any acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injury, death, property damage or other expenses resulting from the supply of goods or services by these Suppliers or by any third party.
The inclusion or offering of any products or services in this brochure does not constitute any endorsement or recommendation of such products or services by us.
You are solely responsible for the suitability of any travel services which you purchase from or through Travel Indochina. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services.

These Conditions of Reservation must be read subject to any statutory provisions.  If such statutory provisions apply to limit the disclaimer referred to above, to the extent that Travel Indochina is entitled to do so, the liability of Travel Indochina will be limited at its option to:
a)       in the case of supply of goods, the replacement of the goods, or supply of equivalent goods, the payment of the costs of the replacing the goods or requiring the goods, the payment of the cost of having the goods repaired, or the repair of the goods
b)       in the case of services, the supply of the services again, or the payment of the cost of having the services performed again

Indemnity – You agree to indemnify, and keep indemnified, Travel Indochina and any of its officers, directors, employees and agents from and against any claims, causes or action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses or any kind arising out of our in relation to any action, inaction or omission by you including, without limitation, your breach of:
a)       these Conditions of Reservation
b)       any laws or the rights of a third party

Our Privacy Policy – You consent to our processing personal information about you and other members of your party. We will hold your name, address and any other details you supply us with on our database. This information will be used to make your travel arrangements and to send you information about Travel Indochina. In order to make your travel arrangements we will need to pass your details to companies and individuals outside Australia, where less stringent data protection controls may be in place. We will not pass on your details to any third parties that are not responsible for your travel arrangements. Full details of our privacy policy can be found on our website www.travelindochina.com.au

Errors & Omissions – We reserve the right to correct any errors in rates quoted or calculated for any service, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.

Governing Law – These Conditions of Reservation are governed by the laws of New South Wales, Australia. You herby submit to the exclusive jurisdiction of New South Wales’ courts in all disputes or any other action arising out of or in relation to these Conditions of Reservation or any journey.

Assignment – We may, and you may not, assign, convey, subcontract or delegate any rights, duties or obligations hereunder.

Performance of these Conditions of Reservation by us, our affiliates and suppliers is subject to existing laws in New South Wales, Australia and any destination of your journey. Nothing contained in these Conditions of Reservation is in derogation of the right or requirement to comply with law enforcement requests or requirements relating to your journey or information provided to or gathered by us in relation to your journey.

If any part of these Conditions of Reservation is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely reflects the intent of the original provision and the agreement shall continue in effect.
Travel Indochina reserves the right to change the terms, conditions, and notices contained herein and will use its reasonable efforts to notify you of any material change.

Any rights not expressly granted herein are reserved.

All contents of the publication are © 2007 Stella Travel Services (Australia) Pty Ltd ACN 003 237 296. Except as permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced, copied, stored or transmitted in any form or by any means, electronic, mechanical, photocopying, or otherwise, without the prior written permission of the copyright owner. Travel Indochina is a trade mark of Stella Travel Services (Australia) Pty Ltd.