1. Terms and Conditions of services provided by Awake Tours Definitions
   These Terms and Conditions apply to any Relevant Agreement between you and Awake Tours. In these Terms and Conditions:

   (a) “Awake Tours Services” means Agency Services and Tour Operator Services

   (b) “Holiday” includes the travelling, accommodation, meals and refreshments, tours and other activities and all other benefits of the Awake Tours Services described in a Relevant Agreement.

   (c) “Agency Services” means arrangements or bookings that Awake Tours makes with Independent Operators as an agent on your behalf.

   (d) “Tour Operator Services” Means the arrangements, bookings and conduct by Awake Tours of holiday tours and other activities, some of which are described on the Awake Tours website.

   (e) “AwakeTours” Means Awake Tours, a business registered in Western Australia, ABN 80 907 283 771.

   (f) “Holiday Companion” Means a person accompanying you on a Holiday

   (g) “Independent Operator(s)” Means persons and entities (other than Awake Tours) that provide goods or services in the holiday industry, including, but not limited to, airline carriers, cruise operators, transport providers, hotels, restaurants and operators of tours and other activities.

   (h) “Relevant Agreement” Means any written agreement between you and Awake Tours for the provision of Holiday Services by Awake Tours, regardless of how that agreement is entered into (for example, by exchange of letters, e-mails or other written electronic communication).

   (i) “Unrecoverable Costs” Means all reasonable and direct costs Awake Tours incur in the course of providing you with Awake Tours Services (and includes, but is not limited to, amounts paid by Awake Tours to Independent Operators on your behalf) that are not recoverable where your Holiday (or an aspect of it) is cancelled.

2. Relevant Agreements
   For the avoidance of doubt:

   2.1. a Relevant Agreement is only entered into when:

   2.1.1 you have submitted a request for a Holiday on the Awake Tours website (or by any other means);

   2.1.2 Awake Tours has made you a written offer (by way of an invoice or otherwise) of a Holiday in which the relevant Awake Tours Services, dates, price and description of the Holiday are specified; and

   2.1.3 you have signified your acceptance of the offer in writing or by making any payment to Awake Tours or by your other conduct.

   2.2. Where you have requested a Holiday by submitting a booking request on the Awake Tours website (or by any other means), Awake Tours may decline your booking request for any reason, without giving a reason, in which case

   2.2.1 a Relevant Agreement will not have been entered into; and

   2.2.2 Awake Tours will within 14 days refund any payment you have made in connection with your request.

3. Deposit and full payment

    

   3.1. Where the Relevant Agreement stipulates payment of a Deposit: the Deposit must be paid by the date specified in the Relevant Agreement; the Deposit will be credited to the total cost of the Holiday; and the Deposit is non-refundable.

   3.2. The total cost of the Holiday specified in the Relevant Agreement must be paid by you no later than the date specified in the Relevant Agreement failing which Awake Tours will have the right (but not the obligation) to cancel the Relevant Agreement, in which case:

   3.2.1 you will forfeit your deposit to Awake Tours; and

   3.2.2 where the Unrecoverable Costs of your Holiday exceed the deposit, you must also pay the excess to Awake Tours on demand

4. Changing your Holiday If you change your Holiday

    

   4.1.  You must inform Awake Tours in writing if you wish to request any change to any aspect of your Holiday (but bearing in mind that many Independent Operators do not permit changes to once a reservation has been made.

   4.2.  In so far as it may be possible for Awake Tours to accommodate your request, Awake Tours will submit a written offer to you for variations of the Relevant Agreement, including all proposed adjustments to the costs of the Holiday (including any additional fees payable to Awake Tours, provided that Awake Tours will not itself charge a fee for changes requested more than sixty-two (62) days before commencement of your Holiday. For the avoidance of doubt, however, you will be liable for any additional costs or fees payable to Independent Operators for such variations.

   4.3.  If you signify your acceptance of the offer from Awake Tours in writing or by making any payment to Awake Tours or by your other conduct, then the Relevant Agreement will be considered to be varied according to the terms of the offer.

   4.4. Aspects of your Holiday may be subject to change due to unavailability of services offered by Independent Operators or other reasons that are outside Awake Tours’ control. In such circumstances, where Awake Tours is able to arrange for the provision of a service that is substantially the same as the unavailable service, Awake Tours may change the relevant aspect of your Holiday by written notice to you and there will be no other change to the terms of the Relevant Agreement or the cost of the Holiday.

5. Cancelling your Holiday
   If you cancel your Holiday

   5.1. You may cancel your Holiday at any time before its commencement.

   5.2. Where you cancel your Holiday, cancellation leaves Awake Tours with liabilities for Unrecoverable Costs and a loss of remuneration for the Awake Tours Services performed up to and as a consequence of the cancellation. Awake Tours therefore charges cancellation fees and costs as follows (which you agree are a reasonable and genuine pre-estimate of such liabilities and losses):

5.3. All payments under condition 5.2 above must be paid by you to Awake Tours within seven (7) days of invoice.

5.4. Awake Tours will not refund any amount paid by you to Awake Tours after commencement of your Holiday.

If Awake Tours cancels your Holiday

5.5. Where before the commencement of your Holiday:

5.5.1 Awake Tours receives notice that any goods or service to be provided under a Relevant Agreement by an Independent Operator will no longer be provided by that Independent Operator for reasons that are beyond the reasonable control of Awake Tours; and

5.5.2 Awake Tours is not reasonably able to make arrangements before commencement of the Holiday for the provision of a service that is substantially the same as the unavailable service at a cost that does not exceed the cost of the unavailable service, then:

5.5.3 Awake Tours will be entitled to terminate the Relevant Agreement and the Holiday by written notice to you, in which case

5.5.4 Awake Tours will provide you with a credit to be used within 24 months of the cancellation date.

1. Independent Operators Change and Cancellation FeesIf circumstances arise under the Relevant Agreement or these Terms and Conditions where you are entitled to a refund of any payment made to an Independent Operator:

6.1. Awake Tours will not remit any refund to you until Awake Tours receives the refund from that Independent Operator;

6.2. where Awake Tours hold funds received from you for an Independent Operator, Awake Tours will not provide you with a refund of those funds until Awake Tours is authorised by the Independent Operator to release such funds (under that Independent Operator’s change or cancellation policy); and

6.3. you acknowledge that it may take several weeks, or longer for an Independent Operator to make a refund or to authorise Awake Tours to release funds held for such Independent Operator, depending on the Independent Operator’s processing time.

6. Your independent travel agentIf you book any services through associated with your Holiday through a travel agent, then you acknowledge and agree that:

   7.1. your travel agent is independent of Awake Tours and Awake Tours accepts no responsibility for what your travel agent may or may not do;

   7.2. Awake Tours is not responsible if your travel agent fails to remit to Awake Tours any monies paid by you to your travel agent for the cost of the Holiday

   7.3. Awake Tours may, upon request by a travel agent claiming to represent you, disclose any information relating to your Holiday.

7. Information provided8.1. It is your responsibility to ensure that all information you provide to Awake Tours is correct and that personal particulars you provide correspond with those in your passport and other official documents and those of your Holiday Companions.

   8.2. You warrant that all contact details provided to Awake Tours (such as your telephone and email address and those of your Holiday Companions are correct.

   8.3. You indemnify Awake Tours against, and release Awake Tours from liability for, any loss, damage or inconvenience arising from any incorrect information given to Awake Tours by you or by any person acting on your behalf.

8. What is not included in your HolidayThe following are not included in your Holiday unless expressly provided for in the Relevant Agreement:

9.1. Flights or other travel to and from the Holiday destinations, and any associated taxes or fees;

9.2. Any other costs incurred:

1. 9.2.1  before you reach the agreed meeting point on commencement of your Holiday; or
2. 9.2.2  after you return to the departure point at the end of the Holiday;

3. 9.3.  Travel insurance, medical insurance or any other insurance for you or your Holiday Companions;
4. 9.4.  Costs of passports, visas, vaccination certificates or other regulatory requirements imposed by governments, airlines or other carriers;
5. 9.5.  Vaccinations or healthcare requirements before, during or after the Holiday;
6. 9.6.  Gratuities you choose to give to the provider of any service;
7. 9.7.  Additional taxes or surcharges that may be collected by foreign governmental and non- governmental entities.

10. Medical conditions and special needs

10.1. If you or a Holiday Companion suffer from reduced mobility or have any other disability or medical condition which may affect your ability to participate in any aspect of the Holiday, you must provide Awake Tours with full details before the Relevant Agreement is entered into so that Awake Tours can advise you as to the suitability of the Holiday and consid whether it is able to offer the Holiday to you.

2. 10.2.  You warrant that:
   1. 10.2.1  you have notified Awake Tours in writing of all relevant mobility, disability, ormedical conditions affecting you or a Holiday Companion; and
   2. 10.2.2  that you and your Holiday Companions are medically fit for all aspects of the Holiday.
3. 10.3.  You agree:10.3.1 to consult a medical practitioner not more than twelve (12) weeks prior to the commencement of your Holiday; and

   10.3.2 to promptly inform Awake Tours in writing of any material change in your mobility, disability or medical condition after the Relevant Agreement is entered into

10.4. You release Awake Tours from, and will indemnify Awake Tours again any liability for, any damage, injury, death, or loss of any kind resulting from your failure to fully disclose all relevant mobility, disability, or medical conditions affecting you or a Holiday Companion.

10.5. If Awake Tours has any reasonable doubt about your ability (or that of any of your Holiday Companions) to participate safely in any aspect of the Holiday, or if Awake Tours reasonably considers that your participation (or the participation of any of your Holiday Companions) may pose a threat to the health or safety of any person, Awake Tours may impose appropriate safety restrictions on you or your Holiday Companion/s and you will not make any claim against Awake Tours for imposing or enforcing any such restriction in good faith.

10.6. You warrant you and your Holiday Companions have researched, and are aware of, all health requirements and recommended precautions relevant to the Holiday locations, and you have all necessary and current vaccination documentation with you. (Some countries may deny entry to travellers who cannot present the required vaccination documentation).

10.7. Awake Tours does not provide personal devices (such as wheelchairs, hearing aids or prescription eyeglasses) 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 you if you require services of a personal nature.

10.8. Awake Tours does not employ medical personnel. Any necessary medical attention will be provided by a local facility at your expense. Awake Tours is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on Holiday, or for the quality of the care or services received.

10.9. You are aware that some Holidays include rough terrain, extensive walking over cobblestone streets, desert conditions, uneven pavement, steps, and locations which may not be easily accessible or accessible by wheelchair. Awake Tours does not represent or warrant the existence of disability access at any Holiday location.

10.10. Any special requests relating to your Holiday must be sent to Awake Tours in writing. While Awake Tours will give consideration to your reasonable requests, Awake Tours is not under any obligation to provide any goods or services not specified in the Relevant Agreement.

11. Complaints and Disputes

11.1. If you have a complaint about Awake Tours Services, you must notify Awake Tours in writing as soon as reasonably possible.

11.2. If Awake Tours has not resolved your complaint, you must notify us in writing within forty- two (42) days of the end of your Holiday, providing the full details of your complaint and any subsequent history to enable Awake Tours to investigate your complaint.

11.3. You release Awake Tours from any liability for the subject of any complaint in respect for which you have not complied with conditions 11.1 and 11.2 above.

12. Limitation of liability

12.1. Awake Tours is responsible for providing the Awake Tours Services with due care and skill. In so far as the Awake Tours Services include bookings and arrangements with Independent Operators:

12.1.1 such bookings and arrangement are made on your behalf, not on behalf of Awake Tours;

12.1.2 Awake Tours has no direct control and assumes no responsibility for the acts or omissions of any Independent Operator; and

12.1.3 You acknowledge and agree that your rights and obligations in connection with the services to be provided by Independent Operators are determined by their own terms and conditions.

12.2. Except to the extent attributable to Awake Tours’ own failure to exercise due care and skill ín providing Awake Tours Services, Awake Tours is not responsible for, and accepts no liability to you or any of your Holiday Companions in respect to any claims, losses, damages, costs or expenses arising out of;

personal injury, sickness, disease, accident, or death, however caused, including without limitation, where such event results from:

12.2.1.1 your own conduct or that of your Holiday Companions or fellow holiday-makers (including inappropriate or excessive consumption of alcohol);

12.2.1.2 any activities in which you participate voluntarily, whether on board a ship or at any other place;

loss or damage to, or delay in delivery, of baggage or other property;

government action, weather, mechanical breakdown, equipment failure, labor disputes, sickness, restrictions or regulations associated with the COVID-19 pandemic or any other disease, acts of war, insurrection, terrorism, detention, quarantine, criminal activity, Acts of God, interruption of air carrier service, closure of any border or any other cause beyond Awake Tour’s direct control;

acts or omissions, whether negligent or otherwise, of;

12.2.4.1 Independent Operators and other suppliers of services or their personnel (including, without limitation, services in connection with transportation, accommodation, tour guiding, festivals, bars or clubs); or

12.2.4.2 any other person or entity unless such a person or entity is employed by Awake Tours, or is an agent of Awake Tours, and is acting within the scope of his/her/its authority. (In no event is Awake Tours liable for the acts or omissions of Awake Tours own employees or agents acting outside the scope of their duties);

loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following:

12.2.5.1 any of the events or circumstances described in sub-paragraphs 12.2.1 to 12.2.4 inclusive above;

12.2.5.2 your failure to obtain the necessary documentation to travel;

12.2.5.3 your failure to arrive on time for any departure of transport or for connections to other transport or to stay within or join your Holiday group at any time during your Holiday;

12.2.5.4 your leaving your Holiday prior to its completion; 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 endeavors to cause minimum inconvenience to you and your Holiday Companions and to ensure that the replacement services are of similar quality;; or

12.2.5.6 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.

12.2.6 any contravention of any law or regulation of any of the locations visited on your Holiday;

12.2.7 your failure to obtain the necessary travel insurance specified in clause 13 of these Terms and Conditions;

12.2.8 any Misbehavior described in condition 15 of these Terms and Conditions.

12.3. Where the law implies a warranty into these Terms and Conditions which may not lawfully be excluded (in particular, warranties under the Australian Consumer Law), Awake Tours liability for breach of such a warranty will be limited to either;

12.3.1 supplying the relevant Awake Tours’ Services again;

12.3.2 paying the cost of having the Awake Tours’ Services supplied again by a third party; or

12.3.3 refunding you the portion of the total cost of the Holiday that should reasonably be apportioned to the result of the breach.

12.4. The liability of Awake Tours for breach of any provision (including a warranty) in a Relevant Agreement will not exceed the remuneration received by Awake Tours for the relevant Awake Tours Services (and for the avoidance of doubt, “remuneration” in this context does not include any charge by Awake Tours for disbursements to Independent Operators).

12.5. These Terms and Conditions are not intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth) and are subject to your rights under the Australian Consumer Law.

13. Travel Insurance13.1. You undertake to obtain travel insurance (including medical cover) appropriate to the Holiday prior to the commencement of your Holiday.

    13.2. Your travel insurance must include cover for, but is not limited to; cancellations, medical and repatriation expenses, personal injuries and accidents, disruption due to war & world events, death, loss of personal baggage and money, personal liability insurance and cover for all insurable risks associated with COVID-19.

14. Passport, visa, and immigration requirements14.1. Passports are required for all travellers departing Australia. Passport and Visa requirements are your responsibility.

14.2. A person travelling on a foreign passport may need a valid Australian Re-entry Visa.

14.3. You must ensure your passport and each of your Holiday Companion’s passports is valid for at least 6 months after the date of your planned return to Australia.

14.4. If Awake Tours provides you with any advice or assistance regarding visa or passport requirements relating to your Holiday, you acknowledge that Awake Tours provides such advice or assistance for guidance only and does not accept responsibility for any such advice or assistance as Awake Tours does not profess to be an expert on such requirements.

14.5. Any fines, penalties, payments, and expenditures or any costs in connection with replacing or changing any travel documentation whilst travelling (including travel documentation in connection with accommodation, meals, flights, and transfers) which are incurred as a result of your travel documents not meeting the requirements of any immigration and government authorities will be your sole responsibility. Awake Tours will not accept responsibility for any delay or loss that may occur in this connection. For the benefit of other people on the Holiday, it will not be possible for Awake Tours to delay or change travel arrangements or events which will affect others in the Holiday group.

15. Misbehaviour

15.1. Awake Tours will have the right to terminate any aspect of your Holiday or your entire Holiday if you or any of your Holiday Companions conducts themselves in any way that is unlawful or that in the reasonable opinion of Awake Toursis socially inappropriate and has, or is likely or designed to have, a significantly adverse affect on another person. Such conduct includes but is not limited to the following:

verbally abusive or offensive language towards anyone;

bullying behavior;

inappropriate or abusive behavior including uninvited physical contact, harassment, violence or threat of violence;

excessive consumption of alcohol or intoxication;

the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);

failure to comply with a reasonable direction given by representative of Awake Tours or an Independent Operator;

conduct which, in Awake Tours reasonable opinion, is not compatible with other guests’ general enjoyment and well-being or the smooth operation of the Holiday;

the possession, carriage or use of dangerous items (such as weapons); breaking the law of the Country in which you are travelling;

15.1.10 any behavior or conduct which brings Awake Tours into disrepute or damages

Awake Tours’ goodwill; and any other behavior that, in Awake Tours’ reasonable opinion, is generally abusive or aggressive.

(“Misbehavior”).
15.2. If Awake Tours exercises its right under condition 15.1 to terminate your Holiday or any aspect of it:

1. 15.2.1  you will remain liable for the full cost of the Holiday and will not be entitled to any refund; and
2. 15.2.2  Awake Tours will not be liable for any costs you may incur as a result of termination.

15.3. You indemnify Awake Tours for any liability incurred by Awake Tours to any Independent Operator or other person that has arisen as a result of any Misbehavior by you or any Holiday Companion.

16. COVID-19

16.1. You acknowledge that you are choosing to travel at a time where you may be exposed to COVID-19. You undertake acquaint yourself and your Holiday Companions (and keep yourselves acquainted) with all relevant COVID-19 risks. You acknowledge that your decision to travel is made based on your own consideration of these risks and you assume sole responsibility for such risks..

16.2. You warrant to Awake Tours that you and your Holiday Companions have familiarized yourselves with the requirements of governments, airlines and other Independent Operators regarding passenger safety and COVID-19, including the need to produce evidence meeting airline and border control requirements in relation to COVID-19 tests, both for transit and final destination passengers.

16.3. You acknowledge that such requirements are subject to change without notice so you undertake to update yourself and your Holiday Companions regularly regarding such requirements at all times before and during your Holiday.

16.4. You undertake to ensure that both you and your Holiday Companions will comply with the national and local requirements of governments, Awake Tours and Independent Operators relating to COVID-19 and will comply at all times with all such requirements including, but not limited to, specific requirements regarding personal protective equipment, such as use of face-masks, social distancing, maximum number restrictions

on the use of certain facilities or locations, designated alternative entrance and exit routes, mandatory hand sanitisation, limitations on entertainment and on consumption of food, alcohol and cigarettes.

16.5. Awake Tours will have the right to terminate any aspect of your Holiday or your entire Holiday if you or any of your Holiday Companions:

16.5.1 shows symptoms of COVID-19 or are either unable or unwilling to be tested when requested to do so by Awake Tours, an Independent Operator or a government official; or

16.5.2 fail to comply with a requirement referred to in condition 16.1 or 16.4 above.

16.6. If Awake Tours exercises its right under condition 16.5 to terminate your Holiday or any aspect of it or if your Holiday or any aspect of it is cancelled for any other reason related to the COVID-19 pandemic or other disease:

1. 16.6.1  you will remain liable for the full cost of the Holiday and will not be entitled to any refund; and
2. 16.6.2  Awake Tours will not be liable for any costs you may incur as a result of termination.

17. Jurisdiction

17.1. These Terms and Conditions are governed by the laws of Western Australia

17.2. Any dispute in connection with a Relevant Agreement or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Western Australia.