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BOOKING CONDITIONS - VINTAGE RAIL JOURNEYS

These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your tour. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request. “You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our”, “Operator” and “Vintage Rail Journeys” means G’Day Rail (Australia) Pty Ltd.

Reservations

A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion.

Price, Payments & Exclusions

A deposit of 10%* must be paid within 7 days of us accepting your booking. Because we commence providing services to you as soon as we accept your booking, the deposit is non refundable. Up to 60 days prior to departure, you can transfer your booking to a later departure (see Cancellations & Amendments below). The final balance is due 60 days prior to departure. If you fail to make the balance payment after we have reminded you, you will be deemed to have cancelled your booking.

*Additional deposits may be required by third party operators. Please contact our office to see if this applies to your selected tour prior to making a booking request.

Whilst we aim to make our tours reasonably inclusive, there are some things that are not included in our tours unless otherwise stated. These are:

• Airport taxes;
• Passport fees and Visa fees;
• Meals and beverages not indicated;
• Optional sightseeing; and
• Tipping.

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges. If we impose a surcharge of more than 10% of the cost of your travel arrangements, you may cancel your travel arrangements and receive a full refund of payments made for those arrangements. You must exercise this right within 14 days after receipt of a surcharge invoice.

Services

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.

Travel Insurance

Travel insurance is not included in your tour fare and while strongly recommend it, we do not offer this service. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.

Cancellations & Amendments by You

We understand that at times you will need to make changes to your already confirmed booking. Whilst we will always try to assist, there are times where this can be time consuming and therefore at cost to Vintage Rail Journeys. In order to keep our tour fares as low as possible this cost may be passed on at a rate of $75.00 per change. You will also need to pay any additional costs charged by suppliers.

Should the need arise to cancel your confirmed booking we will require notification in writing and the date we receive this notice is deemed the date of notice. We will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:

Days of Notice: Fees per person:

• 60+ Deposit transferable to another tour, but not refundable
• 59 – 46 50% of tour fare
• 45 – 15 75% of tour fare
• 14 – 0 100% of tour fare

If the tour has commenced, no refunds are payable. No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for. There is no refund for unused services or portions of the tour arrangements that are missed.

You acknowledge that the amounts estimated under the Cancellation Policy are reasonable and a genuine pre-estimate of Vintage Rail Journeys’ loss. The cancellation fees above are in addition to cancellation fees charged by suppliers for any additional accommodation, airfares or any pre or post touring booked through us.

Cancellations by Us

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters, adverse weather conditions; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).

Force Majeure - Prior to travel

If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your tour cannot safely or lawfully proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your booked tour that you cannot reasonably make use of them due a Force Majeure event (for example due to border closures), then we may either: (c) reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or (d) cancel your travel arrangements, in which case our contract with you will terminate.

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will issue you with a credit equal to payments received by us for the cancelled tour, redeemable within 24 months of issue against any travel services offered by us.

If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of any recovered third party costs for cancelled travel arrangements only.

Force Majeure – General

We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate.

Group Departures

All trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if your tour has reached the minimum numbers for departure. If a trip fails to satisfy minimum numbers, the trip may be cancelled or re-costed. We will give you notice of cancellation or re-costing at least 60 days prior to the trip’s scheduled commencement.

If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us. If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements.

We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation in these circumstances.

General Health Requirements

It is a condition of travel on all our tours that you have a reasonable level of fitness and a good level of mobility. Heritage trains are not designed to accommodate wheelchair or walker reliant passengers. If booking a twinette room, 1 member of your party will need to be able to climb a ladder up to and down from the top bunk. You will need to be able to embark and disembark trains, coaches and other methods of transport without assistance, handle your own luggage, walk moderate distances, stand comfortably and climb steps and stairs. We require all passengers to be capable of self care during the tour, should you require assistance it remains your responsibility to supply a carer.

If any medical conditions or lack of mobility: (a) means that you will require special assistance which we cannot reasonably provide; or (b) in our reasonable view will impact the smooth operation of the tour or will affect the safety or enjoyment of others, then we acting reasonably may exclude you from the trip this will be considered a cancellation by you and cancellation fees and charges will apply.

Accommodation

Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions.

Delay or cancellation of scheduled air arrangements

Vintage Rail Journeys is not responsible if an airline cancels, reschedules or delays a flight for any reason. If you miss any flight or connecting transportation it is your responsibility and cost to work with the airline or transport company to reach your destination. Vintage Rail Journeys is not responsible for any additional expenses incurred as a result of any changes by airlines or other transport company.

Changes to Itinerary & Inclusions

Prior to travel

Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the tour can still proceed), then we will notify you within a reasonable time and you may elect to: (a) proceed with the trip – if in our reasonable opinion the changes result in a reduction in the value of services, then we will refund you an amount attributable to the reduction determined by us acting reasonably; or (b) cancel your trip, in which case we will refund you all payments received by us at that time.

If you do not make an election in writing within 7 days of us notifying you of the significant change, then you will be deemed to have elected to proceed with the trip.

During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.

General

To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.

We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions resulting from an event of Force Majeure.

Responsibility

Services supplied by independent suppliers

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.

Services we directly supply

To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.

General liability limitation

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.

We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control.

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.

Operator’s Authority

The Operator reserves the right to require any person, whether a member of a group who has chartered a vehicle for the purpose of a tour or otherwise, to withdraw from any tour at any time if the Operator or its servants deem his or her acts or conduct to be detrimental to or incompatible with the interests, harmony, comfort or welfare of the tour as a whole. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

General

The contract between G’Day Rail (Australia) Pty Ltd trading as Vintage Rail Journeys and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published here https://vintagerailjourneys.com.au/privacy-security/

This tour is operated by Holidays of Australia and the World, and their Terms & Conditions apply to this booking

1. Deposit: A minimum deposit of $350 per person plus any supplier required deposit amounts to confirm your reservations. The reservation deposit is non-refundable. Supplier deposits may vary from time to time, for example any booking including a Journey Beyond Rail Expedition will require a supplier deposit of 25% at the time of booking, but with discounted advance purchase fare the fare is fully non-refundable and requires payment in full at the time of booking. Payment of your deposit will be deemed as you accepting these terms and conditions. If you are booking an early bird, advanced purchase or discounted fare your deposit terms my vary from the above deposit. At the time of booking your consultant will advise you of the deposit amount and any revised payment terms to reflect the payment terms associated with these supplier deposit fares. You will not seek to reverse the reservation deposit if any travel service provider is unable to provide the services for which you have contracted.

2. Final payment: The balance for all bookings is due 120 days prior to travel. 2.1 If you have not paid by the due date we may cancel your arrangements and retain your deposit. 2.2 Credit card payments are accepted with fees applicable. Credit card surcharges of 1.2% for Visa and MasterCard, 2% for American Express, and 3% for Diner’s Club will apply when paying by credit card. Debit card surcharges of 0.7% for Visa and MasterCard will apply when paying by debit card. To avoid the payment of credit card fees, EFT transfers and cheques are accepted, however the funds must be cleared into the nominated Holidays of Australia bank account by the due date of the final payment.

3. Late bookings: Reservations made within 100 days of departure will only be accepted if the total value of the arrangements is paid in full at the time of booking, this also secures payment of any cancellation fees imposed if the booking is subsequently cancelled by you. In the event that we are unable to confirm your requested arrangements your payment will be refunded in full.

4. Cancellations by you: Cancellation of a booking, or part thereof, will incur the following fees plus any additional supplier charges. Once travel has commenced, no refunds will be made for any unused service. All flights are non-refundable and changeable subject to fees and applicable fare rules. Cancellation period prior to departure date: Cancellation fee as % of total: 100+ days Loss of deposit 100 days and less 100%

5. Covid-19: Before booking your travel it is important to fi nd out the restrictions and conditions in place that may affect your ability to travel. Australian states and territories each have their own restrictions, in addition to third party suppliers, travel operators and all international countries. Please note Holidays of Australia & the World, NT Now and Short Breaks Australia cannot be held accountable for any cancellations that occur due to vaccine requirements not being met or non-compliance of travel conditions by individual travellers. This also includes quarantine and post-arrival testing requirements. Restrictions may change at short notice. You acknowledge and accept that you are making a booking for travel in conditions whereby your travel may be affected by Covid 19 or factors related to Covid 19 and its declaration by authorities as a pandemic. You acknowledge and accept that we cannot be held accountable for factors that may affect your travel as a result of Covid 19 and you expressly acknowledge and agree that in the case of you not being able to travel or your travel is commenced but not completed as a result of factors outside of our control you will accept a booking credit with Holidays of Australia and the World, NT Now and Short Breaks Australia (The HOA Group) for the full value of your travel less any third party charges for a future travel date with an acceptable validity period and you will not pursue a refund or request your bank to issue a chargeback against the HOA Group in any circumstances.

6. Changes by us: At the time of booking in the event we have to change any component to your itinerary due to schedule changes, unavailability or price increase due to supplier charges your package will be re-priced accordingly and you will be notified. In almost all cases, significant changes to your itinerary and even the cancellation of one or more parts of your holiday package will be due to factors which are outside our control, given we are not ourselves a provider of travel services. We will notify you of changes to your booking as soon as we can. We cannot accept any liability or pay any compensation where the services we have promised to arrange are significantly modified or cannot be provided at all or as promised as a result of circumstances which are outside of our control. We reserve the right to amend your travel documents if they do not match your booking due to our error or omission.

7. Changes by you: We reserve the right to charge a minimum amendment fee of $AUD $100 per person on international and domestic bookings for each change to a confirmation of booking. This will be in addition to any charges imposed by the travel supplier/wholesaler. In the case of a name change on a booking please note that many travel supplier/wholesalers treat passenger names changes and itinerary alterations as a full cancellation and as such these changes can incur full cancellation charges. In the case of a name change being permitted, a name change fee of $250 per person will apply plus any supplier charges for this change.

8. Itinerary and Fares: Rates and details are valid at the time of printing; however, these can be subject to alteration and we reserve the right to alter fares in the case of unforeseen circumstances without notice.

9. On board currency and on-board purchases: We cannot accept responsibility for any advice in relation to the currency used on board cruise ships or the methods of payment of on-board purchases. You are solely responsible for making your own enquires in relation to the currency used on board cruise ships and the methods of payment of on-board purchases.

10. Airfares: Where airfares have been included in itineraries, they are based on lead in economy fares based on the best availability at the time of packaging. In the event that fares have increased an additional payment will be required. Fares include check-in luggage and inflight dining and entertainment where applicable. Should you require certain facilities or have a preferred airline please discuss this with your consultant at the time of booking. Flight Booking and Cancellation Fees Booking Fees – Flights Only: The following booking fees apply to flight only bookings: • Domestic bookings will incur a ticketing/re-issue fee of $65.00 per person per issue, in addition to the applicable credit card surcharge. • International flight bookings (short haul under 5 hours) will incur a ticketing/re-issue fee of $100.00 per person per issue, in addition to the applicable credit card surcharge. • International flight bookings (long haul over 5 hours) will incur a ticketing/re-issue fee of $200.00 per person per issue, in addition to the applicable credit card surcharge. The above booking fees are non-refundable for changes of mind or cancellations by you (subject to your rights under Australian Consumer Law). Cancellation Fees – Flights only: Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings: • Domestic bookings will incur a cancellation fee of $65.00 per person in addition to any cancellation fees charged by the supplier. • International flight bookings will incur a cancellation fee of $200.00 per person in addition to any cancellation fees charged by the supplier. Supplier Change and Cancellation Fees - Flights: Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier. Taxes: Airline taxes are subject to change and are confi rmed at the time your airline ticket is issued. There may also be a local tax charged at some airports. Frequent Flyer Flight Redemption Charges: The following charges will apply for bookings made using airline loyalty programs/points redemption tickets. Domestic Business/Economy - $130 per person per ticket International Business/Economy - $400 per person per ticket

11. Hotel check-in procedures: When checking into hotels it is common procedure to present valid photo identification on arrival. Many hotels may also require a credit card pre-authorisation upon arrival as a security bond to cover any incidental expenses incurred during the stay (please note: the amount charged will vary, however some hotels will charge AU$100 per night upwards as a security bond). Cash is not accepted as a payment for the security bond.

12. Travel Insurance: We strongly recommend that passengers have their own travel insurance against illness, injury, loss/damage to personal belongings, cancellation charges and not being able to travel on the confi rmed departure date. For many of the holidays provided by Holidays of Australia and the World, travel insurance is compulsory for our guests to protect them in case of cancellation, illness or other unforeseen events that could impede travel. At the time of booking your consultant will assist you in providing to you a quote for travel insurance. In most instances and with our volume discounts that we receive we can pass on to you rates which will provide to you considerable savings on your travel insurance requirements. Should you decline to take out travel insurance with Holidays of Australia and the World we reserve the right to request that you sign a waiver advising us that you have declined insurance notwithstanding our advice. We also reserve the right to request a copy of your insurance policy prior to travel (should you choose not to take out a policy endorsed by Holidays of Australia and the World). Furthermore we strongly recommend that you do not rely on polices that are connected to credit cards such as VISA, MasterCard and American Express cards as often these policies are not as comprehensive, flexible or suitable for your travel needs and are not recommended by Holidays of Australia and the World. Travel Insurance Claims Support Fee: For clients that have taken out a travel insurance policy through the preferred suppliers of Holidays of Australia and the World no documentation support fees will apply to assist with any claims that you may have. In the case of clients that have not taken out an insurance policy through Holidays of Australia and the World a fee of $200 per booking, per claim will apply for the provision of documentation required in order for a claim to be lodged.

13. Passports: When travelling internationally, you are required to have a valid passport to show upon departure and arrival of your journey. Often this requires at least 6-12 months validity past your return date to Australia depending on your destination. Please ask your consultant for further clarifi cation at the time of enquiry. You are solely responsible for meeting necessary passport requirements and paying all associated costs.

14. Visas: Depending on diplomatic relations, some countries will require you to obtain a visa in order to stay in the country. Even if you are just stopping over for a few hours, some countries will require you to have a visa if you wish to leave the airport. To find out if you require a visa for your international stay and how to apply for one, refer to the destination’s consulate or embassy, your consultant or visit Visa Link online http://visalink.com.au. You are solely responsible for meeting necessary visa entry requirements and paying all associated costs.

15. Concessions: Please note: To receive concessional travel fares, Journey Beyond is required to confirm your eligibility for the concession electronically with Centrelink. If you do not want this to happen, you will need to contact Centrelink or the Department of Veterans’ Affairs (DVA) to obtain a Pension Concession Letter as proof of your eligibility for the concession and provide this directly to Great Southern Rail before the concession can be given. To qualify for Concession Fares, Australian Pensioner, Commonwealth Seniors Health Card or state issued Seniors Card must be presented at the time of booking must be valid as at the time of bookings and travel and must be carried at all times during travel. Not all sectors are included in arrangements for the funding of concessions. Funding for concessions may be withdrawn subsequent to the printing of this document and any rates quoted may therefore change without notice.

16. Documentation: In order for us to prepare your tickets we require the following documentation: 16.1 For bookings with concession discounts – a copy of your Pensioner Card, Commonwealth Senior Health Card or state issued Senior Card. (Please refer to Concessions paragraph for further details). 16.2 International bookings – a copy of your passport. 16.3 Domestic bookings - a copy of your Driver’s License or Government issued photo identifi cation. 16.4 Cruise bookings – completed cruise booking form supplied by your Holidays of Australia consultant. Your full itinerary, vouchers and tickets will be sent to you 2-3 weeks prior to your departure on the condition that all required documentation has been received.

17. Pricing: All prices are quoted in Australian Dollars and packages containing international components are subject to currency fluctuations until paid in full. All from package prices which include a cruise component are based on a lead category interior cabin. Rail journeys are based on pensioner prices where applicable. Package prices are correct as at time of printing and are subject to availability, change and seasonal surcharges. Prices may exclude flights, visas, insurance, items of a personal nature and compulsory charges collected by third parties.

18. Images: All images in this brochure depict authentic locations; their appearance in the brochure does not indicate that these destinations will be included in your arrangements. Some images have been provided by or purchased from Australian Tourism Bodies, Photo Stock Libraries and our preferred suppliers

19. Bookings by or through a travel agent/operator If you are a travel agent or tour operator making a booking on behalf of clients, you acknowledge and agree that you and your client(s) are bound by these general booking conditions. If a client booking is made with a travel agent or third-party, you’ll need to contact the travel agent or third-party operator directly to discuss any changes or cancellation based on the terms and conditions of your booking.

20. Automatic upgrades From time to time, travel service providers provide automatic upgrades. It is your responsibility to advise us if you do not wish to be eligible for an automatic upgrade.

21. Agency We act as an agent for and sell various travel related products as agent on behalf of, numerous transport, accommodation and other service providers, such as airlines, coach, rail and cruise line operators. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable service providers, but we have no control over, or liability for, the services provided by third parties. We regret we cannot guarantee itineraries and the connections associated with any of our packages. All bookings are made on your behalf subject to the terms of conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.

22. Minimum group numbers Our escorted tours are subject to a minimum number of participants as determined by us in order to be fi nancially viable and to have a pleasant group atmosphere. If the minimum number of participants is not reached, we reserve the right to withdraw the tour escort and re-price the tour.

23. Special needs Should you have any special needs; you are required to inform us at the time of your booking. Special needs include (without limitation) if you have any disability, illness disease or other condition, you have limited mobility, you have a service animal, you are pregnant, you need special help, or any other circumstances exist which may make it difficult for you to use travel services. If you fail to advise us of your special needs, we may not be able to book suitable travel services for you. To the extent permitted by law, you are responsible for ensuring that the travel services are suitable for your special needs.

24. Jurisdiction These general booking conditions are governed by the laws in force in South Australia. You agree that, in the event of a dispute between you and us, any action you bring against us will be brought in South Australia, Australia.

25. Liability To the extent permitted by law, neither Holidays of Australia Pty Ltd nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

Again, many thanks and we look forward to assisting you.

Holidays of Australia and the World