Awake Tours

info@awaketours.com
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Terms & Conditions

Travel Insurance: Travel Insurance is required before any tour commences. You will not be allowed on tour if you do not have valid travel insurance at the time of tour commencement. Awake Tours will not be liable for any loss as a result of your failure to get Travel Insurance. 

Awake Tours acts as an agent on behalf of accommodation / transfer and additional services provider unless otherwise indicated. Please read the booking terms and conditions carefully. They apply to all bookings made with Awake Tours and each individual member of your party. 

Legally Binding Contract: When you purchase a tour your booking is confirmed immediately and it is at this time a binding contract comes into existence, email confirmation of your booking will also be sent. The contract is subject to these booking terms and conditions, all booking conditions will apply to each and every booking made with Awake tours. Once the contract is made, it is Awake Tours responsibility to provide you with what you have booked and it is your responsibility to pay for the service in full 8 weeks before you travel. All relevant documentation will be sent to you via e-mail, it is important to check carefully all the details of your booking once you receive it. Awake Tours will not be responsible for any information you do not receive, as a result of your failure to provide a valid (e-mail) address.  

Pricing: Prices are quoted in AUD. 

Cancellation and Refund Policy: In the event you wish to cancel your tour/event we require written confirmation via email.  

Cancellation Policy: 
Over 62 Days: Deposit is forfeited 

62 Days-Day of Departure: 100% of tour is forfeited 

Tour Changes: Awake Tours may have to change items described as included in your tour. We have the right to change any activities advertised or listed in your tours’ “ What’s Included” list. You will not be refunded or compensated for lack of joy from our choice of any chosen alternative. 

Late Arrivals: You must be prompt with all transfers on tour. Awake Tours accepts no liability for transfer or tour missed due to your lateness. Awake Tours will not be responsible for any additional costs incurred nor will compensation be due. 

Misbehavior: We reserve the right to terminate without notice the arrangements of any customer whose behavior, in our opinion, is likely to cause annoyance, distress or danger to other customers or any third party. If you are prevented from travelling because you appear to any person in authority to be unfit to travel, or likely to cause discomfort or disturbance to other passengers, our responsibility for your tour will cease. Full charges will apply and we will be under no obligation to provide a refund, compensation, or any further assistance. 

Indemnity: When you book a tour/event service through Awake Tours you accept responsibility for any damage to the transfer vehicle / hotel / land / boat / property or any associated contractor or tour element caused by you or a member of your party. Awake Tours reserves the right to terminate the service booked or that of any member of your party due to your or their misconduct, within their reasonable opinion. In these circumstances, full cancellation charges will then apply and no refund will be given. Furthermore, Awake Tours shall be under no obligation to pay compensation or meet any costs or expenses you may incur as a result of the service being terminated. You agree to indemnify us against any claims (including legal costs) made against us or a contractor which aids your tour/event. Finally you are also liable to make a reimbursement to Awake Tours for any damage caused, before you return home. 

Disputes: In the event of any dispute our liability shall not exceed the charge for the service provided. Any litigation will be subject to the Australian Law. 

Limitation of Liability  

Awake Tours is responsible for providing its services with due care and skill. As a Trip Operator, Awake Tours makes arrangements on your behalf with carriers, hoteliers and other independent suppliers to provide you with the travel services you choose. These parties are independent suppliers over whom Awake Tours has no direct control. Except to the extent attributable to its own failure to exercise due care and skill, Awake Tours is not responsible for and accepts no liability in respect to any claims, losses, damages, costs or expenses arising out of: 

  1. personal injury, sickness, disease, accident or death, however caused, including without limitation, where such event results from: 
  1. your own conduct or that of your fellow holiday-makers (including inappropriate or excessive consumption of alcohol); 
  1. activities in which you participate voluntarily, whether on board ship or at any other place; 
  1. loss or damage to, or delay in delivery, of baggage or other property; 
  1. government action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, acts of war, insurrection, terrorism, detention, quarantine, criminal activity, Acts of God, interruption of air carrier service or any other cause beyond Awake Tour’s direct control; 
  1. acts or omissions, whether negligent or otherwise, of: 
  1. suppliers of services or their personnel (including, without limitation, services in connection with transportation, accommodation, tour guiding, festivals, bars or clubs); or  
  1. any other person or entity unless such a person or entity is employed by us, or is an agent of ours, and is acting within the scope of his/her/its authority. (In no event is Awake Tours liable for the acts or omissions of its own employees or agents acting outside the scope of their duties); 
  1. loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following:  
  1. any of the events or circumstances described in sub-paragraphs (a) to (d) inclusive above; 
  1. your failure to obtain the necessary documentation to travel;  
  1. your failure to arrive on time for initial departure or for connections within your trip or to stay within or join your trip at any time after initial departure; 
  1. your leaving the trip prior to its completion; 
  1. change of, or delays to, itineraries or substitution of accommodation or other services by Awake Tours to the extent reasonably necessary (in which event Awake Tours will use reasonable endeavours to cause minimum inconvenience to the relevant tour group and to ensure that the replacement services are of similar quality); 
  1. your failure to acquaint yourself with the health risks associated with the places you will be visiting on your trip or to take adequate precautions against such risks. 
     

Travel Agents: Any travel agent you use in connection with your Tour acts solely for you and is deemed your agent. We are not responsible for the financial condition or integrity of any such travel agent. In the event that an agent fails to remit to us any monies paid by you to the agent, you remain liable for the fare due us, regardless of whether we demand payment before or after Initial Departure. Any refund made by us to an agent on your behalf is considered, for purposes of this contract, as being the same as payment to you whether or not the monies are delivered by the agent to you. Receipt of any documents or information by your travel agent, including but not limited to this contract, shall be deemed to constitute receipt by you. 

Contracted Suppliers: Awake Tours acts purely as the customers (i.e YOUR) Agent & Awake procures Tour Activities & Inclusions on behalf of the customer. Awake Tours is not selling the entire tour as an Awake Tours Product & the  providers of services we contract out like transport,  accommodation, parties, night clubs, yachts  etc are NOT acting as Awake’s agents. Awake is not liable to you for defects in the services and negligence on the part of your agents & service providers.. 

Monies: All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us when we see fit, in respect of the services to be provided &/or fees payable under the tour program or any of our tours for that year or years following.  

Medical: Passengers are required to advise Awake Tours, in advance, of any physical, medical or other special needs that require accommodation. 

All guests must ensure they are medically & physically fit for travel. We may impose safety requirements necessary for the safe operation of the tour. We may also exclude an individual from participating in a tour or an activity if that individual’s participation poses a direct threat to health or safety. 

Awake Tours does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing such assistance must accompany any passenger who requires services of a personal nature. 

Awake Tours does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the passenger’s expense. Awake Tours 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 received. 

Passengers should be aware some tours include rough terrain, extensive walking over cobblestone streets, desert conditions, uneven pavement, steps & locations which may not be easily accessible or accessible by wheelchair. During the tour, Awake Tours may make arrangements with carriers, hotels & other independent suppliers to provide travel services. These parties are independent entities over which Awake Tours has no control. Accommodations on international tours may differ from those in Australia. Awake Tours cannot guarantee disability access or accommodations for passengers travelling on international tours. 

Costing: You are responsible for all travel arrangements & costs to/from the point of commencement/conclusion of the holiday. We do not include flights. 

Motor coachWhere the passenger occupies a motor coach seat fitted with a safety belt, neither the operator or service providers, agents or co-operating organisations shall be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident. 

Passport/Visas: It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws. Awake Tours is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas whilst on tour (including accommodation, meals, flights and transfers incurred due to associated delays) are at your own expense. 

Complaints: Should you have a complaint in respect of the holiday, you should inform the Awake Tours Tour Manager or Awake Tours Representative during the course of the holiday & if the matter cannot be resolved after the representative’s best endeavors to do so during the holiday, your complaint should be made in email form to info@awaketours.com as soon as is reasonably possible after the holiday but within 42 days thereof so that your complaint can be investigated.   

Legislation & Legality: The contract & all matters arising in respect hereof shall be subject to Australian Law, unless we agree otherwise in writing. If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity & enforceability of the other provisions shall not be affected. If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs. 

Ilness & Absenteeism: In the event of your withdrawal from a holiday after the commencement as a result of illness no refunds will be made for any absence from the tour. 

What’s Not Included: Airfares & everything else not listed in the ‘What’s Included’ section of the itinerary pages on our website for your chosen tour. 

Weather: Under no circumstances can we be held responsible for snow or weather conditions, nor can any holiday be cancelled or amended by you at any time on the basis of snow or weather conditions.