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Customer Terms and Conditions
If you wish to book (“Booking”) a tour
(“Tour”) with a tour operator (“Tour
Operator”) using Dive In Cairns and Tours to Go (“TTG”) then you
(“the Customer”) agree that the following terms and conditions
shall apply:
- Contract
- Booking Facility Only
TTG acts merely as the booking facility for the Tour Operator with whom the
Customer's Booking is placed through. Tours are sold through Tours To Go's
booking facility for Tour Operators and other businesses that provide the Tour.
TTG is not a Tour Operator and has no responsibility for Tours. TTG is not able
to influence or control a Tour Operator or Tour. The inclusion of a tour on this
site does not indicate that TTG endorses or recommends that tour or the company
providing the tour.
- Accuracy of Information and Limitation of Liability
- TTG does not accept liability to the Customer (or any other person) for any
act or omission on the part of the Tour Operator including (but not limited to)
any failure by the Tour Operator to provide the Tour, or any accident, loss or
damage which the Customer or any other person might suffer as a result of the
Tour and the Customer agrees to release and indemnity TTG from and against any
such claim in that respect.
- TTG does not warrant or represent to the Customer that the Tour is suitable
or fit for the Customer's purpose or corresponds with any advertising of the
Tour Operator and the Customer agrees to make their own enquiries with the Tour
Operator if required.
- In so far as TTG is unable by law or by statute to exclude its liability to
the Customer then the Customer agrees that the liability of TTG to the Customer
is limited to TTG providing the Tour (or a similar tour) again to the Customer.
- You the Customer will indemnify TTG if we suffer any loss or damage or incur
any costs in connection with your breach of these terms and conditions or any
other legal obligation by you.
- All Tours are provided by Tour Operators and based on dates of availability
the Tour Operator has provided on the TTG website or Tours To Go-affiliated
website. TTG is unable to guarantee the availability of any tour included on
these websites.
- TTG have taken all reasonable care to ensure that the content of this site
is correct, but all information is subject to change at any time without notice.
As a user of this website you acknowledge that TTG is unable to check the
accuracy of all information provided by a Tour Operator. You should make your
own independent enquiries with the Tour Operator and other third parties and use
your own judgment to assess the accuracy of any information accessed through
Tourstogo.com or any Tours To Go-affiliated website.
- Fees and Charges
The Customer agrees to pay to TTG the Tour Operator's advertised price
(“Price”) for the Tour plus a non-refundable booking fee of
AUD$3.85 including GST for placing the Booking (“Booking
Fee”).
- Tour Operator's Conditions
The Customer agrees to abide by all terms, conditions and directions of the
Tour Operator in respect of the Tour including but not limited to:
- All matters regarding the conduct of the Tour such as safety, use of
equipment, clothing, etc.
- Payment for the Tour - the Customer acknowledges and agrees that the Price
charged by the Tour Operator for the Tour may be subject to changes and TTG
gives no warranty regarding the accuracy of the Tour Operator's current
advertised prices. TTG will endeavor to abide by the Tour Operator's advertised
Price.
- Cancellation Fees - If the Customer cancels or changes a Booking then the
Customer agrees to abide by any cancellation or alteration policy of the Tour
Operator which may include the payment of a charge for the cancellation or
change. BUT the Customer agrees that notwithstanding any cancellation or refund
policy of the Tour Operator, TTG shall at all times be entitled to retain the
Booking Fee plus a deposit equivalent to 10% of the Price. In addition to this
the Customer agrees to abide by the cancellation policies set out in Clause 7
Cancellations, Amendments and Refunds following.
- Age and identity of Customer
- TTG will not accept any Booking from the Customer unless the Customer is at
least 18 years of age. The Customer warrants and assures TTG that they are at
least 18 years of age.
- The Customer will be required by the Tour Operator to provide photo ID at
check-in to ensure that their identity matches the booking identity. The
customer will also be required by the Tour Operator to sign the booking
confirmation/voucher and may be asked to present the credit card used to
purchase the tour. A copy of this photo ID and/or signature may be retained by
the Tour Operator to minimise the risk of credit card fraud or for verification
purposes with your credit card provider in the event of a dispute.
- Where there is a discrepancy between the photo ID and the booking identity,
or the signature on the credit card and the signature on the booking
confirmation form, the voucher can be confiscated and immediately cancelled
without refund.
- If the Customer wishes to pay by credit card for a tour (other than a Gift
Voucher) and the person who will undertake the tour is different to the
Customer, the Customer must contact TTG after the booking has been confirmed to
establish their identity.
- Cancellations, Amendments and Refunds
- Cancellation by you, the Customer - If you are not able to partake in a Tour
on the date and time you have booked you should contact the Tour Operator as far
prior to this date and time as possible. TTG cannot contact the Tour Operator on
your behalf nor refund or exchange should you fail to partake on a Tour on an
agreed date and time. Any requests for a refund in either of these circumstances
are at the sole discretion of the Tour Operator and TTG will not play any role
in organizing or facilitating this. The Customer agrees that notwithstanding any
cancellation or refund policy of the Tour Operator, TTG shall at all times be
entitled to retain at least the Booking Fee plus a deposit equivalent to 10% of
the Price.
- Cancellation by the Tour Operator (apart from weather) - In some cases a
Tour Operator may make alterations to a tour date, price, inclusions, itinerary,
minimum numbers, ages etc. TTG reserves the right to cancel, change, transfer or
substitute any tour that you have booked, at any time and for any reason. If you
choose not to accept the alternatives offered you will be entitled to a full
refund including the booking fee. Notwithstanding the above, if we receive
advance notice of a significant change to a tour, we will make a reasonable
effort to communicate this to you and to facilitate an amendment of the booking.
- Cancellation because of Weather - If the Tour you have booked is unable to
be taken because of weather, it may be rescheduled. You the Customer should make
contact with the Tour Operator prior to the date and time of travel using the
contact details provided on your booking confirmation to organise this. TTG is
unable to reschedule or assist in the reschedule of a Tour. The Tour Operator
will do all possible to reschedule the Tour to a date and time suitable to you
the Customer. If the rescheduled date is not suitable you may be entitled to a
refund BUT the Customer agrees that notwithstanding any cancellation or refund
policy of the Tour Operator, TTG shall at all times be entitled to retain the
Booking Fee plus a deposit equivalent to 10% of the Price.
- If TTG is notified within 72 hours of the date that a Tour was due to be
taken that the Customer did not take the Tour due to:
- Fraud AND the Tour Operator cannot produce a Booking confirmation form
signed by the Customer; or
- The Tour Operator had ceased to exist;
THEN TTG
will refund the Price and the Booking Fee in full to the Customer.
- If TTG is notified after 72 hours of the date that a Tour was due to be
taken that the Customer could not take the Tour for any reason whatsoever then
the Customer must seek any refund from the Tour Operator.
- In some instances bank fees and exchange rates may mean the amount refunded
is different to the amount originally paid for a tour, particularly in instances
where a currency exchange is involved. TTG warrants it has no control over any
bank fees or exchange rates and is unable to accept responsibility for any such
discrepancies in refunded amounts.
- Insurance
Some of the tours promoted by TTG as a booking agent may be potentially
dangerous. Prior to making and paying for a booking you the Customer should be
aware of this. You the Customer agree to be responsible for making independent
enquiries with the Tour Operator and other third parties regarding the need to
acquire your own insurance coverage.
- Jurisdiction
The Customer agrees that the terms of this agreement shall be governed by the
laws of Queensland and any dispute shall be heard by the court of appropriate
jurisdiction in Queensland.By using Tourstogo.com or any Tours To Go-affiliated website, you agree to be
legally bound by the following Terms and Conditions, which shall take effect
immediately. If you do not agree to be legally bound by all the following Terms
& Conditions, please do not access and/or use Tourstogo.com or a Tours To
Go-affiliated website. In all cases the person making the booking shall be
deemed to have accepted these Terms and Conditions on behalf of all the other
person(s) named in the booking and who partake in the booked tour(s).
For more information contact us at info@scubadivecairns.com
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