Varaus- ja matkaehdot

1. Terms

1.1 By making a booking with us, you and any other person covered by the booking agree to be bound by the terms and conditions set out below (Terms).

1.2 In these Terms, a reference to “we”, “our” or “us” is a reference to Project Matka Pty Ltd ACN 652 661 615 (Project Matka).

1.3 A reference to ”you” or ”your” in these Terms is a reference to any person to which a booking relates.

1.4 These Terms also incorporate and include the following:

1. Project Matka Website Terms and Conditions and
2. Project Matka Privacy Policy

2. Bookings and Payments

2.1 Bookings must be made via email to us at [email protected].

2.2 All bookings require a non-refundable deposit of 30% of the total booking price within 7 days. A booking is not confirmed until the full deposit has been paid and confirmed as received by us. Failure to pay the deposit by the due date may result in your booking being cancelled.

2.3 Some travel service suppliers require a deposit of more than 30%. We will let you know if this is required.

2.4 The balance of the price of your booking is due 60 days prior to your scheduled travel departure date.

2.5 For bookings made within 60 days of your scheduled travel departure date, full payment is required to confirm your booking.

2.6 All payments are to be made by direct deposit or credit card.

2.7 Prior to making your booking we will inform you of whether your chosen itinerary requires a minimum number of travellers. If your itinerary is cancelled for failure to satisfy the minimum number of travellers, you may elect to receive a refund or credit towards an alternative travel itinerary (less our administration fees). We will not be responsible for any other travel arrangements affected by the cancellation, or any additional costs you incur.

3. Pricing

3.1 Prices are subject to availability and may change without notice. A price is only confirmed once the full deposit has been paid.

3.2 We operate on a fluid pricing model. Prices for new bookings may fluctuate due to (but not limited to) market conditions such as currency fluctuations, fuel surcharges and taxes, occupancy rates, early booking offers, discounts, special offers and marketing campaigns. This may result in different travellers with the same itinerary paying a different price. We will not enter into any correspondence regarding any price variations.

3.3 The price includes only the travel services specified on your booking or quotation. For the avoidance of doubt, our prices do not include travel to and from the departure point of your itinerary, airport fees and taxes, travel or baggage insurance, passport fees, visa fees, excess baggage fees, meals and drinks (unless specified in your itinerary) laundry, telephone calls, WIFI, optional tours and gratuities for guides, restaurant waiters and drivers.

3.4 All itineraries are quoted as a total package price. Due to the terms and conditions with our travel suppliers, we are unable to provide you with the price of individual services provided on an itinerary.

3.5 Unless specified otherwise, our prices are per-person in a twin/double room. If you would like to request a single room (subject to availability) please let us know and we will provide you with a price.

3.6 Our prices are all in Australian Dollars (AUD).

3.7 Our travel service suppliers may impose a surcharge during peak periods (for example, during school holidays and over the new year period). We will inform you of any surcharges prior to confirming your booking. Australian taxes and fees may vary depending on the itinerary selected. All prices quoted include a 10% government-imposed goods and services tax (GST).

3.8 We reserve the right to correct any obvious pricing errors and you agree that the price of your booking will increase by (and you agree to pay) the difference between the original amount and the corrected amount.

4. Documentation

4.1 Passports and Visas

1. You must have a valid passport for international travel. Many countries require at least 6 months validity on your passport from the scheduled completion of your travel. Some countries also require a machine-readable passport.
2. You must ensure you have the appropriate visas, re-entry permits, health requirements and vaccinations prior to travel. Failure to carry the necessary documentation may deny you entry into a country.
3. Any fines, penalties or payments incurred as a result of you not meeting the requirements of authorities will be your sole responsibility.

4.2 Other travel documents

1. Prior to your travel, we will send you your travel documents by email unless you have requested printed copies. Travel documents include (but are not limited to) itineraries, destination information, tickets and vouchers. Your final itinerary will include the details of your travel including meeting times and places for any scheduled tours, activities and transportations.
2. Travel documents cannot be transferred to another person. Your name on your passport, visa and other travel documents must all be identical. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled. You will also be responsible for any cancellation, re-issue or amendment fees, as well as our administration fees. Please review your travel documents carefully and immediately notify us of any errors.

5. Travel Insurance

We recommend you take out comprehensive travel insurance when booking and before travel. It will be your responsibility to do so.

6. Special Requirements

6.1 Please notify us of any special requirements you may have for your travel arrangements such as meal requests, seating requests, room type or disabled access, at the time of booking or as soon as possible.

6.2 Medical care and assistance will incur additional costs. Emergency medical attention and prescription medication may be limited and difficult to access. You should carry all necessary medications with you in its original packaging.

6.3 It is your responsibility to ensure you have a suitable level of health and fitness to undertake the activities on your itinerary. We will not be responsible for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.

7. Supplier Policies

7.1 Baggage handling
For baggage allowance and dimensions, please check the policy of the appropriate airline. Surcharges due to overweight, oversized or extra bags are your responsibility. We do not take responsibility for lost, stolen or damaged baggage. All queries should be directed to the airline.

7.2 Hotel check-in and check-out
Hotel check-in is usually between 2:00pm and 3:00pm, and checkout is usually at 10.00am. Rooms are not expected to be available for check-in any earlier, unless booked and paid for. You should check times and requirements with each hotel.

7.3 No smoking policy
Airlines, coaches, public transport, and buildings (including most hotels) do not permit smoking. Compliance with this requirement is a condition of your participation in our itinerary. Any fines or costs incurred for non-compliance with no smoking rules are at your own expense.

7.4 Traveller conduct
Airlines, hotels and other travel service suppliers have a no tolerance policy with respect to abusive, threatening or disruptive behaviour.

8. Amendments

8.1 Amendments by you

1. Any change to a booking after it has been confirmed and a deposit paid, will incur an amendment fee of AU$90 per person, per request (Amendment Fee). You will also be required to pay any additional costs charged by our travel service suppliers.
2. If you are adding a service to your itinerary, no Amendment Fee will be payable. Any additions to your itinerary should be made as early as possible to ensure availability.
3. No changes can be made to the itinerary once the final payment has been made and any requests for additional services will be charged separately.
4. Only emergency changes will be considered once your travel has commenced.

8.2 Amendments by service supplier

1. We will always endeavour to honour the itinerary set out in your booking. However, situations beyond our control may arise making it necessary for us to amend, postpone or cancel your booking. We therefore reserve the right to substitute a service on your itinerary for an equivalent service. We will do our utmost to arrange services in the same category and price range.
2. You acknowledge that your itinerary may change during your trip due to local circumstances beyond our control. Such circumstances include (but are not limited to) road conditions, weather conditions, changes in supplier transport schedules and vehicle breakdowns (Local Conditions). You agree to pay the cost of any amendments to your itinerary as a result of Local Conditions during your trip.

9. Cancellation

9.1 If you wish to cancel all, or part of your booking, you must notify us as soon as possible. At the time of cancellation, you will be refunded the amount you have paid less the applicable Cancellation Fee set out below.

Period of notice given to us	Cancellation Fee
60 or more days prior to your scheduled travel departure date	Deposit
46-59 days prior to your scheduled travel departure date	50% of total price
Within 45 days of your scheduled travel departure date	100% of the total price

9.2 Some travel service suppliers may retain a higher cancellation fee than that set out above, of which you will be liable for. For example, airline cancellation fees can be up to 100% of the price of the fare. Travel scheduled during peak periods such as during school holidays and over the new year period may also incur a higher cancellation fee from our travel service suppliers.

9.3 We take no responsibility for the cancellation of services you book directly with a supplier.

9.4 Changes to your scheduled departure date may be considered a cancellation and subject to a
Cancellation Fee.

9.5 If you cancel your travel after your itinerary has started, any unused travel services including (but not limited to) hotel accommodation and sightseeing tours are non-refundable.

10. Limitation of Liability

10.1 Agency relationship

1. We act as a trusted agent. We prepare and sell travel itineraries on behalf of numerous travel service suppliers carefully sourced and selected by us to provide transportation, accommodation, sightseeing, meals and other travel related services.
2. All travel services booked by us, are made by us as agents upon the express condition that we have no control over, or liability for, the services provided by the third-party travel service suppliers.

10.2 Liability

1. We accept no responsibility for any Claim, Loss (including for the avoidance of doubt any personal injury, death, loss, damage, liability, cost, expense, consequential loss, loss of profits, or any like claims whatsoever) or distress arising from (but not limited to) sickness, a Force Majure Event or delays, additional expense or inconvenience caused directly or indirectly by our or any third party’s acts, omissions or default, whether negligent or otherwise.
2. Our liability for personal injury or death arising out of or in connection with your booking, is excluded to the maximum extent permitted by law.
3. You release and indemnify us, our employees, agents, officers and representatives from and against any Claims for personal injury or death, or any Loss suffered or incurred, arising out of or in connection with your booking which may arise:
   (i)            in negligence for breach of duty of care or failure to exercise reasonable care and skill;
   (ii)           as a breach of contract or any express or implied warranty, obligation, term, condition or contractual duty of care;
   (iii)          as a result of any representation or warranty as to the suitability or safety of travel products or services;
   (iv)          as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied by the Competition and Consumer Act 2010 (Cth)); and/or
   (v)           in connection with your negligence or failure to comply with any instructions given by us, our staff or representatives.

10.3 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

By making a booking with us, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

11. Privacy

11.1 We will collect, use and handle your personal information in compliance with the Privacy Act 1988 (Cth) and as set out in our Privacy Policy available on our website https://www.projectmatka.com/your-privacy.

11.2 By providing your personal information to us, you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy.

11.3 You agree that in certain circumstances (such as where we are arranging international travel for you), we are permitted to disclose your personal information to overseas recipients.

12. Force Majeure

12.1 In the case of a Force Majeure Event, we will reschedule, cut short or cancel your travel arrangements.

12.2 If your booking is cancelled due to a Force Majeure Event, we will credit your account with the price you have paid (either in full or on a pro rata basis, whichever is applicable) less any unrecoverable third-party costs and costs incurred by us.

12.3 The parties agree that they have no Claim whatsoever against the other that arises out of or in connection with a Force Majeure Event.

13. General

13.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms at any time and such amendment will be effective immediately upon appearing on our website. The terms will be the terms in effect at the time you made your booking with us.

13.2 If any part of the Terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms shall continue in full force and effect.

13.3 No waiver of any breach of the Terms will be construed as a waiver of any other breach of the Terms.

13.4 The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

13.5 For further information on the Terms, please contact us at [email protected].

14. Definitions

In these Terms:

1. Claim means any claim, demand or cause of action whether arising in contract, tort, under statute or otherwise.
2. Force Majeure Event means any circumstance (other than the payment of moneys due) which is beyond the reasonable control of a party (including but not limited to any act of God, natural disaster including flood, fire or shortage of raw material, strike, lockout or other industrial action boycott, trade embargo, declaration of war or other governmental action).
3. Loss means any liability, cost or expense suffered or incurred by a party (whether actual or contingent).

Project Matka Pty Ltd