Booking Terms & Conditions
CREATIVE CRUISING TERMS & CONDITIONS In these booking conditions Creative Cruising Pty Ltd (ACN 003 286 459) and entities that are related or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the “Company”, “Creative Cruising”, “we”, “our” or “us” and a person requesting or obtaining the services offered by Creative Cruising, all other persons (if any) included with that person in the request or booking and that person’s or those persons’ travel agent (if any) are included in the expression “you”, “your” or “passenger”.
1. Creative Cruising arranges bookings, ticketing and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). Creative Cruising is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on its website www.creativecruising.com.au (“Travel Products”). Creative Cruising acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”). Creative Cruising is not the agent of any such Suppliers.
2. Travel Arrangements & Travel Products: Booking of Arrangements shall be considered proof that your travel agent on your behalf or you (if booking directly) have read our booking conditions, that you accept them without reservation as constituting the entire agreement between you and Creative Cruising which can only be varied by an officer of Creative Cruising in writing. All Travel Products arranged by Creative Cruising are provided by Suppliers believed by Creative Cruising to be reputable and to operate in accordance with the standards set down by their own local authorities. Those Travel Products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and Creative Cruising accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those Travel Products is against those Suppliers and not against us. Creative Cruising recommends that all passengers take out adequate travel insurance cover valid for the entire duration of their travel arrangements.
3. Quotation, Changes in Price & Itineraries: Prices are in Australian dollars (except where stated otherwise). A quote is an indicative price only and prices may change up until the time a booking is successfully made. Prices are accurate at the time of booking. Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, the Company reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to and including the date of your departure, even if we have received full payment from you. We will notify you of schedule or price changes made by our Suppliers for any reason beyond our control. If the change or changes result in your Arrangements being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your deposit or balance of payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.
4. Deposit & Payment: A travel agent is not Creative Cruising’s agent for the purpose of receipt of the deposit, additional deposit or the balance of the price and Creative Cruising accepts no liability for those amounts until received by us.
SCHEDULE OF FEES are payable by you to us and are in addition to any fees charged by the Supplier
Deposit – per booking $100
Amendment/Transfer $ 75
Name Correction/Change $ 25
Documentation Reissue $ 25
Late bookings (within 7 days) $ 50
Cancellations – per booking $100
Credit Card payment: Fee of 1% non-commissionable surcharge applies to all payments by credit card. This surcharge is not shown on the invoice and will be calculated at the time of payment. This surcharge is not refundable in any circumstance.The Deposit must be paid within 5 days of your booking unless we specify an earlier day. Any additional deposit required by a Supplier must be paid within the timeframe required by the Supplier. You will be notified if any additional deposit (including Supplier advance payment) requirements apply. If the deposit or any Supplier advance payment or additional deposit has not been received by the Company within the time specified by us, the booking is subject to cancellation without notice. The balance of the price of your holiday arrangements is payable to the Company by the DUE DATE stated on your INVOICE. If for any reason we have not received payment by the due date, we reserve the right to treat the booking as cancelled and you must pay to us the appropriate cancellation charges. NOTE: All payments must be made by 12 Noon AEST (Mon-Fri) on the due date, to avoid auto cancellations by Suppliers. If a payment is made after 12 Noon AEST on the due date, you must call through to our Reservations on 1300 362 599.
5. Late Bookings: Bookings made within 90 days of departure will only be accepted if payment of the price in full is received by the Company at the time of reservation. If a booking is made within 7 days of departure, you must provide a credit card or other means approved by the Company that secures payment of any cancellation fees if the booking is subsequently cancelled. For bookings made within 7 days of departure a service fee of $50 (inclusive of Australian GST) applies.
6. Cancellations, alterations, reissues & other services: If you cancel or terminate your travel arrangements: Prior to final payment - there will be no refund of your deposit, additional deposit or any Supplier advance payment (where applicable). After final payment - there will be no refund of your deposit, additional deposit or any Supplier advance payment (where applicable), a cancellation fee of $100 per booking and there may be cancellation fees charged by Suppliers, airlines, hotels and ground/cruise operators of all or part of the price paid. This will delay the payment of any refund due. For this reason Creative Cruising strongly recommends that your travel insurance policy includes cover for cancellation charges in the event of cancellation due to illness or other circumstances. Amendments – Any alteration will incur a fee of $75.00 per booking, for an amendment or transfer to another cruise, in addition to any changes levied by Suppliers, hotels, ground/cruise operators or airlines. NOTE: Where a cruise line releases a promotional fare after you have booked, any transfer of that booking to a promotional fare on the same or new cruise is regarded as a cancellation of the first booking and subject to cancellation fees. Some cruise lines have strict policies regarding rebooking a cruise on promotional rates.
7. Refunds: No refund is available for cancellations after your travel has commenced or in respect of any Arrangements, tours, accommodation, meals or any other services not utilised whether by choice, or because of late arrival or early departure, including failure of any transport to operate according to schedule. Please note that employees of any Supplier are not authorized by Creative Cruising to make on behalf of Creative Cruising any undertakings in respect of refunds or other matters.
8. What’s Not Included in the Price: Airfares (unless otherwise stated) and anything not specifically included in the Arrangements such as excess baggage, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour directors, motor coach drivers and local guides and all other items of a personal nature including expenses, fees or costs incurred in case of illness. Items not included on regular menus; expenses for additional sightseeing not specified in the itinerary, premium spirits & premium wine (please refer to complimentary beverage program), meals not detailed in the itinerary; and health, accident, baggage, or travel protection plans.
9. Gratuities (unless otherwise stated) for on-board and onshore personnel (including but not limited to ship staff, crew, cruise/tour manager, local experts, drivers) are not included in Arrangements. When gratuities are included they may not cover all services or gratuities, both during the cruise and tour as well as on any pre or post-cruise land extensions. Some cruise lines have mandatory on board gratuities.
10. Insurance: We recommend you arrange travel insurance against loss of deposit and cancellation charges, baggage loss, theft, accident, injury and medical expenses. You must arrange your own insurance. Creative Cruising makes no representations or guarantees concerning risks covered or reimbursement available under any insurance and you must satisfy yourself in that regard. You agree not to hold Creative Cruising responsible for any decision made by insurers, and/or by any Suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.
11. Passports, Visa, Vaccinations & Baggage: Ensure you are aware of all PASSPORT and VISA requirements for your destination and allow time to obtain them prior to your departure. See: www.visalink.com.au www.tollvisadirect.com Many countries require your passport be valid for at least 6 months beyond your departure from that country. A visa does not guarantee you entry to or permission to remain in a country. Some countries may refuse entry because of your state of health or for other reasons, or may detain, expel or repatriate you. NOTE: It is your responsibility to find out about visa entry, health and other requirements of countries to which you intend to travel and you should make the appropriate disclosures as required. These matters are not our responsibility. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it. The Company accepts no responsibility and is not liable for any expenses, costs liabilities or loss incurred in relation to such matters or for your failure to comply with laws, regulations, orders and/or requirements of countries visited. You agree to not hold the Company including its servants and agents responsible in that regard. To ensure the safety of all passengers, including yours, it may be necessary for the Company or its servants and agents to disclose particulars of your health or any medical condition to Suppliers of other services forming part of your Arrangements. You authorise the Company or its servants and agents to make such disclosure on your behalf and agree that a disclosure by the Company or its servants and agents shall not amount to a breach of confidence or duty and you will not hold the Company or its servants and agents liable in respect thereof in tort or in contract or under any anti-discrimination laws. Neither the Company nor its servants and agents are responsible for any disclosures of a health condition made by Suppliers whose services are part of your Arrangements or for the acts of any governmental instrumentalities of the countries connected therewith.
12. Vaccinations: Are recommended for certain destinations. Please contact your local GP or the Travel doctor (www.traveldoctor.com.au ) who will advise you of these requirements. Please note that some vaccinations may be required weeks in advance of travelling.
13. Hotel Locations & Descriptions: Descriptions featured are based on current international hotel guides and information provided by hotels and Suppliers and any facilities shown as included are subject to change at any time. Hotel room photographs may not be specific to actual room occupied.
14. Room Bedding Guide: Prices are based on existing bedding in the room which is provided purely as a guide subject to hotel renovations or other circumstances. Requests for particular arrangements must be made at the time of booking. eg. twin (separate beds) or a double bed. Requested arrangements cannot be guaranteed, as hotels may have limited availability of bedding types. Additional rollaway beds for triple share may be arranged at time of check-in and charges are payable direct to the hotel.
15. Hotel Check-In & Vehicle Rentals: To guarantee charges for incidental items, Suppliers usually require validation of a current credit card upon check-in or pick up.
16. Accommodation & Other Services. As standards of accommodation, facilities and services within your Arrangements are based on various factors, Creative Cruising makes no specific representation with regard thereto or with respect to fitness for purpose of any that are available or provided. Reference to facilities in hotels such as gyms, spas or saunas does not imply their use is free.
17. Variations: If unforeseen circumstances beyond our control require us to make necessary changes to your Arrangements, we reserve the right to cancel or reschedule departures and itineraries. Where it is necessary to change a hotel the Company reserves the right to substitute accommodation of at least a similar standard.
18. Frequent Flyer Points: Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of the Company. You or your travel agent must check with the airline.
19. Passport Checks: You and your travel agent are required to ensure names used to make a booking are exactly as those appearing in the passports. You must pay us the name correction/change fee for any name or spelling changes and any re-issue fee charged by an airline or Supplier.
20. Law and Jurisdiction: The agreement between the Company and the passenger in respect of the services to be provided by the Company to the passenger and which is constituted by the terms and conditions contained on this website (and no other matters) is governed by the laws of New South Wales, Australia. The Company and the passenger submit to the exclusive jurisdiction of the Courts of New South Wales and Courts of appeal therefrom.
21. Complaints: We endeavour to ensure that the Arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the Supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the Supplier to resolve it) with your travel agent within 30 days of return to Australia.
RESPONSIBILITIES & LIMITATIONS OF LIABILITIY
22. Creative Cruising agrees to make reservations for the passenger with the Suppliers offering Travel Products described on our website on the terms in these booking conditions. Creative Cruising is not the agent of any such Supplier. All coupons, exchange orders, contracts, tickets or vouchers issued by Creative Cruising, including electronic issue (collectively “vouchers”) are issued subject to all tariffs terms and conditions contained in the contracts in use by the Suppliers when used, which may exclude liability for any acts, omissions or defaults (whether negligent or otherwise) and which are subject to the applicable laws, requirements and policies of governments, governmental authorities or their employees, including visa, entry, exit or transit requirements. Those tariffs, terms and conditions constitute the sole contract between the passenger and the Supplier and acceptance of such vouchers constitutes confirmation of such contract.
23. We are responsible to the passenger for arranging supply of the services described on our website, except where such services cannot be supplied or the itinerary is changed due to delays or other causes of whatever kind or nature beyond the control of Creative Cruising. In such circumstances, Creative Cruising will do its best to arrange supply of comparable services and itineraries, but there shall be no refund.
24. We accept no responsibility for and to the extent permitted by law excludes all liability of every nature including but not limited to liability in contract, tort or under any law for all loss of every nature, including but not limited to death, injury, damage, delay, additional expense, inconvenience, distress or disappointment resulting from or because of the acts, omissions or default (whether negligent or otherwise) of any person over whom Creative Cruising has no direct control, being acts, omissions or defaults occurring in connection with any Travel Product or in connection with any goods or services forming part of any Travel Product arranged by Creative Cruising including, but not limited to, those of any governmental authorities, travel agents, airlines, air carriers, coach operators, land carriers, shipping companies or operators, cruise or ferry operators, other transport providers, hoteliers or other providers of accommodation, providers of meals, other facilities, excursions or optional services, and of every officer, employee or agent of all of them.
25. If the law implies a condition or warranty that cannot be lawfully excluded, the Company’s liability for a breach thereof will be limited, as determined by the Company, to re-supply of the goods or services the subject of the Arrangement or payment of the cost of their re-supply.
26. The Company accepts no responsibility or no liability of any nature, including but not limited to liability in contract, tort or under any law for any loss of the nature described in paragraphs 11, 23 or 24 hereof resulting from or because of: (a) the acts, omissions or defaults of any passengers; or (b) any other events which are beyond the Company’s control including, but not limited to, war, civil disturbance, fire, floods, severe weather conditions, acts of God, acts of government or any other authorities, industrial action, failure of equipment or machinery.
27. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
28. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for loading, printing or typographical errors or errors arising from unforeseen circumstances. No airline by virtue of being depicted on our website represents itself either as contracting with any purchaser of Travel Products from or as having any other legal relationship with such purchaser.
29. ATAS – Accreditation Scheme ATAS or the AFTA Travel Accreditation Scheme is a national scheme which certifies Australian travel agents. It is administered by the industry association, the Australian Federation of Travel Agents (ATAS – A10343).
30. How does ATAS benefit you? ATAS is the stamp of approval that symbolises the Australian travel industry’s highest level of customer service, training, ethics and professionalism. By using a travel agent that bears the ATAS symbol you can be sure that you are booking through the best in the industry.
Website Usage Terms and Conditions
31. Website Availability: Our websites will only be available at such times as we may decide, and we do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our websites are available to you at any time.
33. No misuse: You must not misuse our websites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, under the courts of Australia. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.
34. Mandatory Information: When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.
35. Accuracy of your information: When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is. We will rely on your information provided.
36. Error Correction: When you are carrying out any enquiry, booking, order, registration or other process on our website, you may at any time before submitting use the back button on your browser to go back and correct or change any information. If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it
37. Requirement for registration: To use some of the services or features made available to you on our websites (such as accounts, forums, memberships, review and comment functionality, and loyalty programs) you may need to register with our website and accept any terms applicable to such registration as notified to you at the time of registration We may accordingly restrict access to some parts of our websites and functionality on our websites to persons who have registered with us for access to that part or functionality.
38. Updating your information: Should any of your registration information change, please update your details using functionality provided within your website or alternatively contact us.
40. Suspension and Termination: We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our websites at any time and for any reason, with or without prior notification to you.
41. Ordering process: Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our websites you must follow the procedure set out on our websites, and a contract will not be formed except in accordance with the procedure explained on our websites.
43. Not advice: Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.
44. Validity and Change: Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.
45. Errors: We do not guarantee that our websites or any website content will be free from errors or omissions There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any booking or order you have submitted or contract you have entered into with us to your material detriment, then we will give you the opportunity to cancel the booking, order or contract rather than accept the change.
46. Viruses: Whilst we make all reasonable attempts to exclude viruses from our websites and website content, we cannot ensure that they will be none or that our websites will not be subject to unauthorised access or modification. Thus, you are recommended to take all appropriate safeguards on your computer or other device (including installing appropriate protective software) before downloading any of our website content.
48. Our Copyright: You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property. You are granted no right, licence or interest in or to our website content or any intellectual property rights in it, except for the browsing licence detailed below, and all other rights are reserved. In particular you are not permitted to screen scrape or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the licence below.
49. Browsing Licence: We hereby grant you a licence to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browsing and using our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our websites, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licences at any time.
50. Linking to our site: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our websites must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
51. Use of our websites: You agree to use our websites only for lawful purposes reasonably connected to the intended purposes of our websites, and you must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.
52. Community functionality: We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality from time to time, which enable you and others to post content to our websites. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our websites. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to our websites on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our websites. Please exercise discretion when communicating with others using out community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
53. Your Content: You shall ensure that anything your post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or libelous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promoting and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software. Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law
54. Licence of your content: In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.