Thirsty Swagman GmbH (Germany) (“Thirsty Swagman”) accepts bookings subject to the following conditions:
1. Your contract with Thirsty Swagman to secure a booking requires a completed booking form together with a non-refundable deposit as specified for each booking. Clients booking by telephone or email will be deemed to have read the booking conditions and accepted them. A booking is accepted and becomes definite only from the date when Thirsty Swagman has confirmed acceptance via email. It is at this point that a contract between Thirsty Swagman and the Client comes into existence. Before your booking is confirmed and a contract comes into force, Thirsty Swagman reserves the right to increase or decrease advertised prices. Thirsty Swagman reserves the right to decline any booking at their discretion. The contract is between Thirsty Swagman and the Client, being all persons named on the booking form traveling or intending to travel with Thirsty Swagman . The person emailing or signing the booking form (which incorporates these terms) warrants that he/she has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and accept these conditions. The contract, including all matters rising from it, is subject to Australian Law and the exclusive jurisdiction of the Australian Courts. No employee of Thirsty Swagman other than the manager has the authority to vary or omit any of these terms or promise any discount or refund.
2. Payment for your Tour: The deposit paid is non-refundable. The balance of all monies due, including any surcharges applicable at that time, must be paid to Thirsty Swagman 60 days prior to commencement of the tour or by the date specified for each tour. Balances paid will be non-refundable unless stated otherwise by Thirsty Swagman in writing. In the case of non-payment of the balance by the due date Thirsty Swagman will treat the booking as cancelled by the Client and may re-allocate the resulting vacancy in the Tour.
3. Changes by You: Any changes to the original booking must be confirmed in writing by the person submitting the booking form. Whilst every reasonable effort will be made to accommodate changes and the additional requests, their availability cannot be guaranteed. In addition, if there is a difference between the original cost of the fare to Thirsty Swagman and the current fare available at the time the change is made, the Client will be liable for the increase in fare. The same passenger name must be used for all flights within a booking.
4. Substitution of Client on tour with flight: If any number of the party is prevented from traveling because of death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to Thirsty Swagman ) subject to the terms in clause 3.
5. Cancellation by you: The Client may cancel the booking at any time provided that the cancellation is communicated to Thirsty Swagman in writing.
6. Changes by Us: Whilst Thirsty Swagman will use its best endeavours to operate all tours as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary of modify a tour itinerary or its content due to prevailing local conditions. Thirsty Swagman reserves the right at any time to cancel or change any of the facilities, services or prices described in the advertising (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes. If a major change becomes necessary Thirsty Swagman will inform the Client as soon as reasonably possible if there is time before departure. The definition of major change will depend on the individual tour and circumstances. When a major change is made the Client will have the choice of accepting the change or arrangements, purchasing another available tour or cancelling the tour and obtaining a full refund. Thirsty Swagman cannot accept any liability or pay any compensation if the major change is because of force majeure or consolidation (see below). Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport, changes imposed by cancellation or rescheduling of flights by an airline, the alteration or airline or aircraft type, or other similar events beyond the control of Thirsty Swagman . Consolidation refers to the fact that each tour is dependant upon a minimum number of persons participating. Thirsty Swagman is not liable for any penalty charges associated with supersaver type connecting rail or air fares, in the event of a change to a tour departure time, date or airport.
7. Cancellation by Us: Thirsty Swagman reserves the right to cancel a tour in any circumstances but, except for force majeure, consolidation or the Clients failure to pay the final balance, will not cancel a tour less than 7 days before departure. Unless the Client fails to pay the final balance, Thirsty Swagman will, upon cancellation, return all monies paid or offer an alternative tour of comparable standard and will pay compensation according to the scale shown in paragraph 6 above save that no compensation will be paid if cancellation is because of force majeure or consolidation.
8. Travel insurance: Travel insurance is mandatory for all Clients whilst on an organised tour by Thirsty Swagman . Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during the holiday and loss of holiday monies through cancellation and curtailment of the holiday for insurance reasons. Thirsty Swagman are able to assist the Clients in obtaining a suitable insurance policy upon request. Where the Client declines to purchase a policy offered Thirsty Swagman accepts no liability which may arise due to the failure to take out adequate insurance cover. Clients making their own arrangements should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients should satisfy themselves that any travel insurance arranged through Thirsty Swagman is what they require and should arrange supplementary insurance if need be.
9. Passports, Visas and Vaccinations: It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the tour. Information about these matters or related items is given in good faith but without responsibility on the part of Thirsty Swagman .
10. Age. Fitness and Participation: Thirsty Swagman tours suit outgoing and energetic people. All Clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in this brochure. Thirsty Swagman reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of Thirsty Swagman ‘s employees, tour leaders, and agents whilst on tour with Thirsty Swagman . If, in the opinion of such person, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour. In the case of ill health Thirsty Swagman may make such arrangements as it sees fit and recover the costs thereof from the Client. On Thirsty Swagman tours large quantities of alcohol are often consumed. All Clients are responsible for their own safety and well being. Thirsty Swagman does not encourage any Clients to engage in any dangerous activity (eg. Running with bulls) or to drink excessively. Thirsty Swagman cannot accept any responsibility if the Client drinks too much or engages in dangerous activities and suffers injury, illness, death, loss or damage as a result or causes such injury, illness, death, loss or damage to a third party as a result (including another tour participant).
11. Local Laws and Behaviour: All participants in tours operated by Thirsty Swagman are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Thirsty Swagman of all obligations that they may otherwise have under these booking conditions. Any damage or loss caused by a Client is the responsibility of the Client. Full payment for any such damage or loss must be paid at the time direct to the accommodation owner or manager or other supplier. If the Client fails to do so, the Client will be responsible for meeting any claims (including legal costs) subsequently made against Thirsty Swagman as a result of the Clients actions on a full indemnity basis. Thirsty Swagman expects the Client to have consideration for other people. If, in Thirsty Swagman ‘s opinion, any Client behaves in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, Thirsty Swagman is entitled, without prior notice, to terminate the tour of the Client concerned. In this situation, the Client concerned will be required to leave the tour. Thirsty Swagman will have no further responsibility towards the Client including any return travel arrangements. No refunds will be made and Thirsty Swagman will not pay any expenses or costs incurred as a result of the termination.
12. Illness or Disability: Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the tour. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeit. If the chosen holiday includes a cruise or excursion or transfer by boat of any sort the Client must make it known at the time of booking if he / she is unable to swim. This will not prevent the Client from participating in the tour but will enable Thirsty Swagman to take additional precautions for the Clients safety at such times as may be appropriate.
13. If you have a Complaint: If the Client has a complaint about any of the tour arrangements the Client must bring it to the attention of the tour leader at the time so that they may use their best endeavours to rectify the situation. It is only if Thirsty Swagman is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the Clients ability to claim compensation from Thirsty Swagman being extinguished. Should the problem remain unsolved a complaint must be made in writing to Thirsty Swagman within 7 days of the completion of the holiday.
14. Our Responsibilities: The tours operated or supplied by Thirsty Swagman have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal tours. All bookings are accepted on the understanding that such risk and hazards are appreciated by the Client and that they undertake all tours, treks and other activities at their own volition.
i Where the Client does not suffer personal injury, Thirsty Swagman accepts liability should any part of the tour arrangements booked with Thirsty Swagman not be supplied as described in the final itinerary and not be of reasonable standard. In such a case, Thirsty Swagman will pay reasonable compensation of no more than 25% of the tour cost if the Client’s enjoyment of the tour arrangements has been adversely affected but will pay no compensation if there has been no fault on the part of Thirsty Swagman or its suppliers and the reason for the failure in the tour arrangements was the Client’s fault, the actions of someone unconnected with the tour arrangements or could not have been reasonably foreseen or avoided by Thirsty Swagman or its suppliers even if all due care has been executed.
ii Where the Client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Thirsty Swagman , Thirsty Swagman accepts responsibility unless there has been no fault on Thirsty Swagman ‘s part or its suppliers and the cause was the Client’s fault, the actions of someone unconnected with the tour arrangements or one which neither Thirsty Swagman or its suppliers could have anticipated or avoided even if all due care had been exercised. Where the Client suffers death or personal injury as a result of an activity forming part of the tour arrangements booked with Thirsty Swagman , Thirsty Swagman accepts no responsibility if the Client had consumed drugs or alcohol in the previous 24 hours.
iii Thirsty Swagman ‘s acceptance of liability to pay compensation pursuant to clauses 14i and 14ii is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the previous provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention.
iv T hirsty Swagman ‘s acceptance of liability in clauses 14i and 14ii above is subject to assignment by the Client to Thirsty Swagman of the Client’s rights against any agent, supplier or sub-contractor of Thirsty Swagman which is in any way responsible for the unsatisfactory holiday arrangements or the Clients death or personal injury.
This program is issued on the sole responsibility of Thirsty Swagman . It is not issued on behalf of, and does not commit any airline whose flights form part of the arrangements. When air travel has been purchased by the Clients their responsibility is limited in accordance with their conditions of carriage.