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Terms and Conditions


Terms and Conditions

Booking Terms and Conditions

“Us”, “we” or “our” means either Imagine Cruising Pty Ltd (ABN 48 614 987 718) and/or Imagine Cruising (WA) Pty Ltd (ABN 96 095 933 869) as appropriate

“Travellers” means all persons on whose behalf a booking is made or to whom a booking is added or transferred

“You" and "your" means the first named person on the booking and all Travellers

Our contract with you is comprised of these Booking Terms and Conditions, our Privacy Policy,* and any other written information we provided to you or otherwise brought to your attention before we confirmed your booking.   You must read all the documents comprising the contract with us carefully. The person making the booking must ensure that all Travellers do this as well.  The person making the booking represents and agrees with us that he/she has the authority to make the booking on behalf of all Travellers.

By making a booking, the person making the booking represents and agrees on behalf of Travellers, that:

  1. You have read all the documents comprising the contract;
  2. You consent to our use of information in accordance with our Privacy Policy;
  3. You are over 18 years of age and a resident in Australia**, and where placing an order for services with age restrictions you are of the appropriate age to purchase those services.

Our obligations to you will vary depending upon whether we package a cruise package holiday for you or otherwise act as an agent for another travel supplier.

We will tell you the capacity in which we act prior to confirming your booking.

The conditions which apply to different bookings are set out below in three separate sections. Section A sets out the conditions which apply to all bookings. Section B sets out the conditions which apply when we act as an agent for another travel supplier (in which case your contract will be with that other travel supplier). Section C sets out the conditions which apply when we package your cruise holiday (in which case your contract will be with us).

SECTION A – APPLICABLE TO ALL BOOKINGS

Booking

When a booking is made all details will be read back to the person making the booking. Once he/she has confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s) (where relevant). When making your booking each Traveller must pay the relevant deposit as specified at the time of booking. If any details on the confirmation receipt (or any other document) are wrong you must advise us as soon as practicable, as delays may impact our ability to make changes later and there may be increases in fees and charges payable by you or on your behalf (as set out below).

You must check that all names, dates and timings are correct on receipt of all documents and advise us of any errors as soon as practicable. Any changes to these details will incur the charges stated below, unless the error was made by us. You must ensure that the names given are the same as in the relevant passport.

If your flights are booked outside system range (being the date range available for booking flights at the time you make your booking) then we will contact the person making the booking 9 to 11 months prior to departure to confirm flight details. At the point flights come into system range each Traveller will be required to pay a further deposit. If we are unable to contact the person making the booking over a 3 week period then all flights will automatically be confirmed and ticketed.

The booking information provided to us will be passed on only to the relevant suppliers of travel arrangements or other persons necessary for the provision of travel arrangements, and will always be handled in accordance with our Privacy Policy. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This also applies to any sensitive information given to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.

Payment

You will be required to pay a deposit or make full payment for your booking at the time of booking. Subject to any statutory rights you may have, deposits are non-refundable. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date:

  • where we act as an agent, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions, and
  • where you have booked a package with us, you will be subject to our cancellation charges (see section C below).

Full payment is due 17 weeks prior to departure, or such earlier time as advised by us.

Accuracy

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

Special Requests

If you or any Traveller have any special requests (for example dietary requirements, room location), please let us know at the time of booking. We will pass on all such requests to the supplier and use reasonable endeavours to have them met, but we do not guarantee that they will be met and we will have no liability to you or any Traveller if they are not.

Insurance

Each Traveller must take out a policy of travel insurance in order to cover them against the cost of cancellation; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other reasonable and usual expenses.  You acknowledge and agree that failure to comply with this requirement constitutes a failure by you to comply with your obligation to mitigate any losses you might incur.

Elderly/Disabled Clients

Where we are acting as an agent we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking.

Where booking a package holiday with us and you or any Traveller has any disabilities, please let us know prior to making any reservation to ensure compatibility for the holiday that you choose.

Behaviour

Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of you or any Traveller falls below an acceptable standard. Suppliers will also often require you to pay for any damage you or any Traveller cause to the accommodation or cruise ship. You are responsible for the conduct of you and all Travellers, and you and all Travellers agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

Passports, Visas and Health

We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. To obtain a Visa you can visit http://www.cibtvisas.com.au or call 1902 211 133. You should always make yourself aware (before booking and before travel) of any specific travel advice issued by relevant authorities. Refer to https://www.smartraveller.gov.au/ for more information. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.

We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances, and you should refer to any specific requirements imposed by travel providers. Again, we do not accept any responsibility if you cannot travel because you have not complied with any specific health requirements for your trip.

Complaints

Where we are acting as an agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent as soon as practicable. We will of course use reasonable endeavours to assist you with this if you wish - please contact our Customer Support team.

Where you have booked a package holiday with us and have a complaint, please inform the relevant supplier as soon as practicable and also contact us on the numbers listed on our website or any confirmation documents that we send to you. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Support team giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst on holiday.  You acknowledge and agree that failure to comply with this constitutes a failure by you to comply with your obligation to mitigate any losses you might incur.

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay any Traveller compensation for a failure to perform, or delay in performing, an obligation if the relevant obligation is affected by any event which we or the supplier of the service could not, even with all due care, foresee or avoid, provided that:

  1. we or the supplier took all reasonable precautions against the relevant cause and the relevant party did its best to mitigate the consequences of the event (but this does not require the relevant party to settle a labour dispute if, in the party's opinion, that is not in its best interests); and
  2. we or the supplier gave you notice of the cause as soon as practicable after becoming aware of it.

These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, insurrection, civil commotion, act of public enemy, blockade, revolution, the act of any government or other national or local authority including port or river authorities, embargo, unavailability of any essential equipment or materials, unavoidable accident, lack of transportation, industrial dispute, strike, lockout, other industrial disturbance or labour difficulty, lock closure, an act of God, natural or nuclear disaster, fire, lightning, storm, flood, earthquake, explosion, pandemics, epidemics, chemical or biological disaster and all similar events outside our or the supplier concerned’s control.

Law and Jurisdiction

These terms of business are governed by the laws of the state of Queensland, Australia.  If any dispute arises between you and us, the laws of Queensland, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia, and waive any right that you may have to object to an action being brought in those courts.

Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers.  Those independent suppliers will have their own terms and conditions, which you will be required to comply with.  Compliance with those terms and conditions is your responsibility, and failure to do so might impact your travel experience.  If you fail to comply with those terms and conditions, you might be refused entry or ejected from your travel means or accommodation, and in those circumstances we will have no responsibility to you for that conduct.

In addition to the terms and conditions you are required to comply with, we will have our own arrangements in place with independent suppliers.  These arrangements underpin our ability to provide services to you, and are relevant to the compensation or alternate arrangements we can offer you in the event that the supplier has to make changes or cancel your booking from us or the supplier. The supplier might offer a cash refund (in full or in part), alternative arrangements for your booking (such as different dates, times, locations or specifics), credit to be used towards future holidays, or any combination thereof.  Each Traveller acknowledges and agrees that in those circumstances, we will only be able to pass on the offer from the supplier, and each Traveller agrees not to seek any alternative compensation or alternative arrangements.

Where we organise travel services to be provided to you by third party suppliers, you acknowledge and agree that we are not responsible for providing those services to you, and we are not responsible for the standard of any such services provided.  Further, to the maximum extent permitted in accordance with applicable laws, we do not make (and expressly disclaim) any warranties as to those services, including as to their fitness for any purpose. We may receive fees, commissions, gifts or financial incentives from third parties under this contract.

Limitation of liability

Under applicable laws (including, without limitation the Australian Consumer Law), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the Australian Consumer Law) may be implied into these terms and conditions (Non-Excluded Guarantees).  We acknowledge that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees:

  1. we make no warranties or other representations under these terms and conditions including, but not limited to, in respect of the quality or suitability of the travel services you are acquiring;
  2. our liability in respect of these warranties is limited to the fullest extent permitted by law.

Notwithstanding the above paragraphs but subject to laws applying Non-Excluded Guarantees, we shall not be liable for any loss or damage which may be caused or partly caused by or arise as a result of:

  1. you failing to comply with any provision of these terms and conditions; and
  2. any event beyond the reasonable control of either party (including a force majeure event).

We will not be liable to you for any acts or omissions of any person where that person is acting under your direction or control and you must indemnify us against any claims, damages, expenses or costs resulting from any such acts or omissions.

With the exception of the Non-Excluded Guarantees, we exclude:

  1. any term, condition or warranty that may otherwise be implied into this agreement;
  2. any liability for loss or damage incurred as a result of or in connection with our negligence or that of the supplier; and
  3. any liability for consequential loss.

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence.

SECTION B – AGENCY BOOKINGS

This section applies to bookings we make for you when acting as agent.

Your contract

When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise company or other supplier) named on your receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking (including limitations or exclusions in respect of the supplier's liability to you). Please ask us for copies of these if you do not have them. 

Cancellation and Amendment

You can communicate any cancellation or amendment request to us via telephone, to be followed up by also sending the request to us in writing. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.

Changes or Cancellations by the Supplier

We will inform you of any changes or cancellations as soon as reasonably possible. The supplier might offer a cash refund (in full or in part), alternative arrangements for your booking (such as different dates, times, locations or specifics), credit to be used towards future holidays, or any combination thereof.  Each Traveller acknowledges and agrees that in those circumstances, we will only be able to pass on the offer from the supplier, and each Traveller agrees not to seek any alternative compensation or alternative arrangements from us or the supplier. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

Our Service Charges

In certain circumstances we apply a service charge for the services we provide:

SERVICE

CHARGE

Booking 

 $0

Cancellation or Amendment

Late payment fee 

Debit Card Charge

Supplier’s charge + $100

$130 

0 %

Credit card charge (other than American Express)

1.5%

American Express

2.5%

Payment

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. All balances are due 17 weeks prior to departure, or such earlier time as advised by us. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for your travel arrangements with the relevant supplier will be held on behalf of the supplier(s) concerned.

Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. To the extent permitted by law, we accept no responsibility for any information about the arrangements that we pass on to you in good faith.

SECTION C: PACKAGE HOLIDAY BOOKINGS

When we package your cruise holiday for you, your contract will be with us and the following booking conditions set out at this section C will apply to your booking.

Pricing:

When you book travel arrangements with us, you must pay either a deposit (to be advised at the point of booking) or the full amount of the total advertised price, if booking within 17 weeks of departure. Where you pay only a deposit at the time of booking, full payment of the balance is due no later than 17 weeks prior to departure, or such earlier time as advised by us.

The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.

We will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday, if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and charges paid.

Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

Changes by You

If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $100 per person per change as well as any applicable rate changes or extra costs incurred (including any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers). You should be aware that these costs could increase the closer to the departure date that changes are made. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person. An administration fee will be charged, details available upon request.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. This could include but is not limited to flight costs and cruise costs.

If you Cancel

If you or any other member of your party decides to cancel a confirmed booking you can communicate your request to us via telephone, to be followed up by also sending the request to us in writing. Communications must arrive no later than 3pm, Monday-Friday (other than public holidays), to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday or public holiday will be deemed to have been received on the next working day. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).

Period before departure within which notice of Cancellation received by us

Amount of cancellation charge

119 days or more

Loss of deposit

118 – 36 days

75% of holiday cost

35 days or less

100% of holiday cost

Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You authorise us to deduct the cancellation charges from any monies you have already paid to us.

If We Change or Cancel Your Package Holiday

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 70 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.

Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday, or a change of accommodation to another of the same standard or classification.

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or in the case of cancellation, accept the alternative booking arrangements.

If we make a major change or cancel, less than 70 days before departure, we will also pay compensation as detailed below:

Period before departure within which notice of Cancellation or major change is notified to you if we make a major change or cancel your holiday

More than 70 days

Nil

From 69 to 43 days

$35

From 42 to 29 days

$50

Less than 29 days

$70

We will not pay you compensation where we make a major change or cancel more than 70 days before departure or in the event that we are forced to make a major change or cancel as a result of a force majeure event or failure by you to pay the final balance.

Subject to any statutory rights you may have, the above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable (and you authorise us to deduct such amounts in that regard). In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

We will not pay you compensation and the above options will not be available if we make a minor change, or cancel as a result of your failure to make full payment on time, or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge.

If you wish to transfer your Package Holiday

If you wish to transfer to another cruise, this will be treated as a cancellation. We, at our discretion, may allow the transfer to occur without treating it as a cancellation, if the new cruise to which the transfer is to be made, departs within 6 months of the original booking and is for the same or a higher price than the original booking. If you wish to amend or cancel an existing element of your holiday, your holiday cost will remain at the same value or higher than the price of the original booking and can not be reduced. Agreement to transfer a cruise would be conditional upon request, in writing from the lead passenger, being made more than 17 weeks before the original scheduled departure date. This is subject to availability and you paying any expenses (such as airline, hotel and cruise charges) incurred by us as a result of the request to transfer. A transfer would only be allowed on one occasion and any discount or promotion applicable to the original booking will not be applied to the new booking and in this case you will be required to pay any difference in price. Should a request be made for an amendment which is outside the above criteria, then it will be at the discretion of us as to whether this request is honoured or not.

Our Service Charges

In certain circumstances we apply a service charge for the service we provide: 

SERVICE

CHARGE

Booking Fee

$0

Late Payment Fee

$130

Cancellation or Amendment

Supplier's charge + $100

Debit Card Charge

0%

Credit Card Charge (other than American Express)

1.5%

American Express

2.5%

 

*Available on our website
**If you are based outside of Australia, please contact us before making a booking.