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Terms and Conditions

Terms and Conditions

Imagine Cruising PTY LTD


Booking Terms and Conditions

These Booking Conditions, together with our privacy policy any other written information we brought to your attention before we confirmed your booking set out the details of your booking with Imagine Cruising PTY LTD.  Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "the client”, “you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  • 1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
  • 2. He/she consents to our use of information in accordance with our Privacy Policy;
  • 3. He/she is over 18 years of age and a resident in Australia (if you are based outside of Australia, please contact us before making a booking) and where placing an order for services with age restrictions declares that he/she and all members of the party 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 you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s) (where relevant). When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the confirmation receipt (or any other document) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.

The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give 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 traveling 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 (i) 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 (ii) 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.

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 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 but we do not guarantee that they will be met and we will have no liability to you if they are not.

Insurance

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Subject to any statutory rights you may have against us, if you fail to travel with adequate insurance cover we will not accept liability for any losses in respect of which insurance cover would otherwise have been available.

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. You must make all such requests in advance before a booking is confirmed.

Where you are booking a package holiday with us and you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact our offices on the customer service number before completing any reservation to ensure compatibility for the holiday that you chose.

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 your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation or cruise ship. We are under no obligation to you if any event such as this occurs. You 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. Neither we nor the principal(s) or supplier(s) 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.

Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.

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 immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may also be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact our Customer Support team.

Where you have booked a package holiday with us, please inform the relevant supplier immediately 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. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Should you have cause to complain, please contact us using the following email address:  customersupport@imaginecruising.com.au  

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. 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, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, 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 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 suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

Data Protection and Privacy

Please see our privacy policy for full information regarding the way in which we use and store your personal data.

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. Please ask us for copies of these if you do not have them.

Cancellation and Amendment

You can communicate any cancellation request to us via telephone, however for any cancellation to take effect this must be followed up by also sending the request to us in writing, and we recommend that you do so by way of recorded delivery or by way of e-mail. Any amendment request may also be sent to us in writing or alternatively communicated to us by telephone. 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. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. 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

Amendment

Late payment fee 

Debit Card Charge

Supplier’s charge + $100

$130 

0 %

Credit card charge

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. 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 arrangements 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. With the exception of any rights you may have against us under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded, we exclude:

(a)        any term, condition or warranty that may otherwise be implied into this agreement;

(b)        any liability for loss or damage incurred as a result of or in connection with our negligence or that of the of supplier; and

(c)        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 or that of any of our employees whilst acting in the course of their employment.

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.

Definition of Package:

A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.

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 balance 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 is due no later than 17 weeks prior to departure.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. 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. The level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including but not limited to tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports.

We will absorb and you will not be charged for any increase equivalent 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 any amendment charges and/or additional services or travel arrangements.

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. This should be done by the first named person on the booking. 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 as well as 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 and you should contact us as soon as possible. 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 provided that written notice is given. 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.

If you Cancel

If you or any other member of your party decides to cancel your confirmed booking you can communicate your request to us via telephone; however, for the cancellation to take effect, this must be followed up by also sending the request to us in writing. We recommend that you use recorded delivery or alternatively e-mail. Your notice of cancellation will take effect 2 days after it has been sent by you by way of recorded delivery. Communications must arrive no later than 3pm, Monday-Friday, to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday 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 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. We will 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 or overall length of your arrangements of twelve or more hours. 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 of twelve hours or less, 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 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 change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 70 days before departure).

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. 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 and, if appropriate in all the circumstances, will pay you reasonable compensation.

If you wish to transfer your Package Holiday

If you wish to transfer to another cruise, this will be treated as a cancellation. "we" /"us ", at its 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 any expenses (such as airline, hotel and cruise charges) incurred by "we" /"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 "we" /"us "as to whether this request is honoured or not. The criteria for allowing transfers may be changed by "we" /"us "at any time without notice.

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 1.5%
American Express 2.5%

Photographs and Publicity

You agree that you may be photographed in the course of a Tour for the purpose of Imagine Cruising's future publicity and that any written comments you make about the Tour or Imagine Cruising may be published by us.

My Booking

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