IMPORTANT
Please read the following “ICON Adventures – Terms and Conditions” (Booking T&Cs) carefully, as they contain important information about your legal rights, remedies, and obligations.
By making any booking for Travel Products with Us, you agree to comply with and be bound by these Booking T&Cs, which apply to any bookings you make with our consultants over the phone, by email as well as online bookings you make on our website.
Do not make any booking unless you understand and agree with the following Booking T&Cs and any other terms and conditions of the Travel Supplier relating to the Travel Products you buy from us (T&Cs). You should read all of the relevant Travel Supplier T&Cs before acquiring Bespoke Tours & Travel Services supplied in addition to those rights.
Nothing in these Booking T&Cs is intended to exclude, limit or modify any rights that you have under the Australian Consumer Law, but we do not give any guarantee or warranty, and do not make any representation of any kind, express or implied, with respect to the use of our Website or the Bespoke Tours & Travel Services supplied in addition to those rights.
1. Definitions
“We” and “us” means Kook Places Pty Ltd (ABN 59 137 288 183), trading as ICON Adventures. “You” or “your” means any user of our Website or any person who acquires the Bespoke Tours & Travel Services, including any person who acquires a Travel Product (whether or not the Bespoke Tours & Travel Services were acquired by you on behalf of another person or by another person on behalf of you).
“Bespoke Tours & Travel Services” means personalised services provided by us to you in assisting you to acquire a Travel Product from a Travel Supplier and includes advisory and consulting services and facilitation of your purchase from one or more Travel Suppliers.
“Travel Supplier” or “Travel Suppliers” means the company or person who provides you with the Travel Product such as ICON Adventures Hosted Tours, airlines, tour and cruise operators, car hirers and accommodation providers. This may also include ticket consolidators and wholesalers that we use to facilitate travel with the Travel Supplier.
“Travel Product” means the service or product provided by ICON Adventures Hosted Tours, a Travel Supplier, such as flights, accommodation and ground transport.
“Website” means our website www.iconadventures.com.au.
2. Key Terms
2.1 Agency
a) We are a travel agent. We sell Travel Products on behalf of Travel Suppliers including bespoke small group tours.
b) When we provide Bespoke Tours & Travel Services and once you have made a booking with us, you will have a contract with us in relation to the Bespoke Tours & Travel Services and a contract with the relevant Travel Supplier(s). Subject to your rights under the Australian Consumer Law, your rights to amend or cancel your booking and any right to a refund will be governed by the relevant Travel Suppliers T&Cs and these Booking T&Cs.
c) We will provide to you a summary of the Travel Supplier(s) change and cancellation conditions via email upon request.
2.2 Liability of Agency and Limitation of Liability.
a) Your legal rights in connection with our provision of Bespoke Tours & Travel Services are against us.
b) Subject to your rights under the Australian Consumer Law, we are not otherwise liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific direct, indirect, consequential, economic loss, incidental damages, lost profits or saving or damages for disappointment) which is suffered directly or indirectly in connect with:
i. any failure or delay on the part of the Travel Supplier or any third party in relation to the supply of Travel Products to you;
ii. any acts or omissions of Travel Suppliers or your travel companions in the course of supplying Travel Products (including any liability in contract, tort or otherwise, for any direct, indirect or consequential injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any Travel Supplier and including but not limited to lost profits or saving or damages for disappointment);
iii. any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by your travel companions, or failure to complete bookings when that failure is due to circumstances beyond our control;
iv. use of (or inability to use) our Website or any linked website;
v. disruption to our Website;
vi. the delivery or non-delivery of the Travel Product; or
vii. any act or omission of the Travel Suppliers or your travel companions.
2.3 Liability of Travel Supplier
a) Your legal rights in connection with the provision of the Travel Product are against the Travel Supplier.
b) You pay the Travel Supplier (via us as the Agent) for providing the Travel Product to you. Once you have acquired Bespoke Tours & Travel Services from us, the Travel Supplier will provide you with the Travel Product on the relevant Travel Supplier T&Cs.
c) The Travel Supplier is the supplier of the Travel Products and is responsible for any express or implied guarantees in relation to the supply of the Travel Products.
d) All information, including but not limited to representations that a Travel Supplier makes on its brochures, relating to the Travel Supplier or a Travel Product is provided by the Travel Suppliers or other independent travel companions. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Travel Suppliers.
2.4 Authority
a) You are solely responsible for the suitability of any Travel Product that you purchase. We are not liable for any inconvenience cause or expense incurred as a result of any unsuitability of the Travel Product, subject to your rights under the Australian Consumer Law.
b) We will rely on the authority of the person making the booking to act on behalf of any other traveller on the booking (regardless of whether other travellers have made separate payments) and that person will bind all such travellers to these Booking T&Cs and to the Travel Supplier T&Cs.
3. Fees & Commissions
3.1 Fees
a) We change certain fees for providing Bespoke Tours & Travels Services to you.
b) These fees represent the work done to arrange the Travel Product and liaise with Travel Suppliers. The fees are applicable even if the Travel Product is not used and/or the Travel Product is cancelled by you or the Travel Supplier, subject to your rights under the Australian Consumer Law.
c) IMPORTANT: The below Schedule of Fees lists all the fees charged by us.
d) These are in addition to any Fees or non-refundable components charged by the Travel Supplier (as detailed in the relevant Travel Supplier T&Cs).
3.2 Commissions
In addition to the Bespoke Tours & Travel Services fee, we may receive commissions, fees, gifts or financial incentives from Travel Suppliers in respect of your booking.
3.3 How are funds held?
a) Any funds received by you, will be held on trust until such time as remitted to the Travel Supplier.
b) Where we charge you a service fee or other fee detailed in our Schedule of Fees, this will not be held on trust as these amounts are non-refundable (subject to any rights you may have under the Australian Consumer Law).
4. Booking Terms
4.1 Travel Products are subject to availability and can be withdrawn without notice by the Travel Supplier. Travel Products may also change at any time in accordance with the relevant Travel Supplier T&Cs. Subject to any rights you may have against us in relation to our supply of Bespoke Tours & Travel Services to you, we are not responsible for any withdrawal of Travel Products or changes made by a Travel Supplier. Prices for Travel Products are not guaranteed until you have made a booking with us and received communication from us and the Travel Supplier that your booking is confirmed.
4.2 When you make a booking, you must provide accurate and complete details of each traveller, and according to their passport or other identification document. It is your responsibility to ensure that all details of the booking are complete and correct for all passengers before proceeding. Some Travel Suppliers will deny carriage if the traveller’s name varies from their booking and may cancel automatically if the traveller’s name is amended. This could result in the booking being forfeited. We have not responsibility for any loss or damage arising from the incorrect entry of a traveller’s name or if you do not comply with the Travel Supplier’s T&Cs.
5. Payment Terms
5.1 Deposits
You will be required to pay a deposit or deposits for your booking. The deposit amount varies depending on the Travel Product and lead time to travel. In some instances, full payment is required at the time of booking, especially airfares. We will advise you of the deposit amount at the time of booking.
All deposits are non-refundable for changes of mind or cancellations by you subject to your rights to a refund or other remedy under the Australian Consumer Law.
For ICON Adventure Hosted Tours, there is a fee associated with the booking process. Domestic tours incur a fee of $500 per person, while international tours carry a fee of $1,000 per person. Upon booking, you and any additional travel companions will receive an invoice. Bookings made within 28 days of the departure date are required to be paid in full at the time of booking.
5.2 Final payment of balance due
a) Unless otherwise stated, payments are in Australian dollars. Payments process in foreign currency (currency other than the original cardholder’s country of issue), may incur a currency conversion fee. Please refer to Commonwealth Bank of Australia for applicable fees.
b) All pricing is inclusive of goods and services tax (GS), or other such value added taxes, where applicable. Other taxes may apply upon check-in.
5.4 Payment methods
We accept the following payment methods as per the Schedule of Fees in Clause 3.1:
Payments made by way of direct deposit may require up to five (5) business days to process.
6. Cancellation and Amendments
6.1 Cancellations
a) If you cancel your Travel Product, your right to a refund is subject to relevant Travel Supplier T&Cs and any rights that you may have under the Australian Consumer Law. It is not within our power to decide whether you will be eligible for a refund for the cost of the Travel Product from the Travel Supplier.
6.2 Fees
a) If you cancel your Travel Product, or amendments to your booking are otherwise required, we charge cancellation and amendment fees as per the Schedule of Fees in Clause 3.1 above. These fees reflect the work required to cancel the Travel Product and reflects our best pre-estimate of the costs that we will incur in managing this process. However, we will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or if the cancellation or amendment is required due to our error.
b) The Travel Supplier may also charge cancellation and amendment fees in accordance wit the relevant ravel Supplier T&Cs. These fees will be in addition to the fees charged by Us. We are not liable to you for any cancellation fees, amendment fees, or refusals to refund made by the Travel Supplier, subject to any rights you may have against us under the Australian Consumer Law.
6.3 We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances, we will attempt to contact you using the email address you provided at the time of booking, or via your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever, subject to the Australian Consumer Law. In the unlikely event that your booking has to be cancelled, subject to the relevant Travel Supplier T&Cs, a full refund will be made of all monies previously paid to us to the person(s) who originally paid for the booking (less any fees charged by us under these Booking T&Cs).
7. Refunds
7.1 Entitlement to a refund
a) Your entitlement to any refund will depend on the relevant Travel Supplier T&Cs, which will apply subject to any rights you may have under the Australian Consumer Law.
b) We strongly recommend that you read and understand these Booking T&Cs and all relevant ravel Supplier T&Cs, before making the booking. Your booking may be non-refundable.
7.2 Requesting a refund
a) Where applicable, the Bespoke Tours & Travel Services we supply include assistance with refunds. Subject to any restrictions in the Travel Supplier T&Cs, you can make a request for a refund from a Travel Supplier by contacting us in writing.
b) If your refund request is granted by the Travel Supplier, the amount of refund will be the amount paid less any fees charged by Us (see Clause 3.1) and fees charged by the Travel Supplier in accordance with the relevant Travel Supplier T&Cs.
c) If the Travel Supplier is required to or otherwise agrees to provide you with a refund for the Travel Product, we will facilitate the refund between the Travel Supplier and you. Once we have received the refund from the Travel Supplier, we will pass it on to you as soon as practicable.
7.3 No shows
a) If you have a booking with us in relation to a Travel Product, but you do not show up to check-in or otherwise do not avail yourself of the Travel Product, you will not be entitled to any refund from Us, subject to any rights you may have under the Australian Consumer Law.
8. Changes in Price and Itineraries for Travel Products
8.1 Price changes
a) Prices for Travel Products displayed on our Website or otherwise communicated to you are provided as an indicative guide only an may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
b) You should check all prices for Travel Products with us before acquiring ICON Adventures Bespoke Tours & Travel Services. The price of the Travel Products is not fixed until you receive confirmation from us that your booking is confirmed.
c) In the event that the Travel Supplier adds surcharges, fees or taxes in relation to your booking after you have booked your Travel Products with Us, we will advise you of the proposed price increases. If you do not wish to incur the additional charges, you may cancel the Travel Product.
d) In case of any obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed on our Website. You will be informed of this as soon as possible. In any case, to the extend permitted by law, you will not be entitled to claim compensation from Us on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled.
8.2 Other changes
a) If a Travel Supplier changes any part of your booking for reasons beyond its control, for example, due to scheduling issues, itinerary changes, or overbooking, we will use our reasonable efforts to notify you. If any such changes result in your Travel Product being materially different, then you may cancel the Travel Product and we will refund any monies already paid subject to the relevant Travel Supplier’s T&Cs, less any fees charged by Us under thee Booking T&Cs and at all times subject to any rights or remedies you may have under the Australian Consumer Law.
b) It is your responsibility to re-confirm all flight departure times with the relevant Travel Supplier, prior to departure. We will not be liable for any costs incurred as a result of you missing any flight due to your failure to check your itinerary prior to departure.
9. Force Majeure
9.1 Subject to any rights or remedies you may have under the Australian Consumer Law, we will not be liable for any failure or delay in providing you with ICON Adventures Bespoke Tours & Travel Services in relation to Travel Products that is due to events beyond our control, including, but not limited to: acts of God, accident, riot, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy (force majeure event).
9.2 For the avoidance of any doubt, a force majeure event shall not include:
a) your (including your travel companions you may be booking for) financial distress nor the inability of you (including your travel companions you may be booking for) or us to make a profit or avoid a financial loss;
b) changes in market prices or conditions; or
c) your (including your travel companions you may be booking for) financial inability to perform your (including your travel companions you may be booking for) obligations hereunder.
9.3 If a force majeure event occurs that affects your booking, your entitlement to a refund, credit or re-scheduled travel booking will depend on the relevant Travel Supplier T&Cs and will at all times be subject to any rights you have under the Australian Consumer Law.
9.4 If your booking is impacted by a force majeure event and you are entitled to a refund from the Travel Supplier, we will facilitate this refund to you as soon as reasonably practicable.
9.5 For the avoidance of any doubt, in the circumstance that a force majeure event occurs the following fees are non-refundable (subject to any right to a refund you may have under the Australian Consumer Law):
a) the service fees paid to us in respect of your booking (referred to at clause 3.4 above); and
b) any other fees referred to in our Schedule of Fees.
10. Your Obligations and Warranties
10.1 You warrant and acknowledge to us that:
a) you are at least eighteen (18) years old and have the power, capacity and authority to enter into a binding contract with us and the Provider;
b) minimum age for ICON Adventures Hosted Tours is 15 years. For any individuals between the ages of 15 and 18 years, it is mandatory they are accompanied by a legal guardian or an appointed escort designated by their legal guardian, who must be over the age of 18 years;
c) you have sufficient funds to pay for the Bespoke Tours & Travel Services and the Travel Product;
d) you have read and understood these Booking T&Cs and if booking on behalf of your travel companions, you understand that their booking is subject to these Booking T&Cs and all relevant Travel Supplier T&Cs;
e) the information you provide us about you and your travel companions is true, accurate, current and complete (apart from any optional items) as required by any registration process;
f) you will maintain and promptly update this information to keep it true, accurate and complete;
g) you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover;
h) you have accessed www.dfat.gov.au and www.smarttraveller.gov.au for information specific to your intended travel destination; and
i) you will use the Bespoke Tours & Travel Services in accordance with these Booking T&Cs and you will not use the Bespoke Tours & Travel Services in any way to breach any laws or defame any person.
j) you acknowledge that the nature of ICON Adventures Hosted Tours may encompass adventurous activities, and participation inherently involves a level of personal risk. Visiting locations with distinct political, cultural, and geographical characteristics may expose participants to dangers and physical challenges exceeding those encountered in our everyday lives, and you recognise the personal risks associated with such experiences. You will be required to sign a waiver to confirm your physical capacity for the tour.
k) in the event that you are on an ICON Adventures Hosted Tour and encounter any concerns, it is your responsibility to communicate the matter to your group leader promptly, allowing them the opportunity to address and rectify the issue. Should you feel that your complaint remains unresolved through these initial channels, any further grievances should be formally submitted in writing within 30 days of your return to PO Box 11406, Toowoomba, Queensland 4350.
11. Passports, Visas and Health Requirements
11.1 It is your responsibility to ensure that you have the required documents, including passports and visas, before travelling to a destination. For more information please log on to www.dfat.gov.au and www.smarttraveller.gov.au. It is your responsibility to check with the respective Embassy or Consulate of each country that you are travelling to as many destinations require visas for both Australian and non-Australian passport holders. We recommend that you log on to www.visalink.com.au. It is your responsibility to ensure that you have at least six (6) months validity on your passport from the date you return from your departure.
11.2 We recommend that you visit the Department of Foreign Affairs and Trade’s (DFAT) websites at www.dfat.gov.au and www.smarttraveller.gov.au for information relating to safety alert levels of your intended travel destination
11.3 For international travellers booked on flights to the USA, including Hawaii, it is now mandatory, under the Visa Waiver Program to receive an Electronic System for Travel Authorisation (ESTA) no less than 72 hours before your intended travel date. This can be obtained from the following Website: https://esta.cbp.dhs.gov/esta/. It is your responsibility to ensure that you have obtained an ESTA. Other countries may have similar requirements. It is your responsibility to ensure you have checked and obtained other relevant visas for other countries.
11.4 It is your responsibility to ensure that you are aware of any health requirements for your travel destinations. All travellers booking an ICON Adventures Hosted Tour must ensure they are suitably fit, as tours can be physically demanding. Vaccinations are strongly recommended for certain destinations. It is your responsibility to contact your local doctor to receive advice on any health requirements. Please note that vaccinations may be recommended before your travel departure date.
12. Travel Insurance
12.1 Your safety and enjoyment is important to us and we strongly recommend that you and any of your travel companions you may be booking for, obtain an appropriate travel insurance policy. A travel insurance policy may help cover any costs associated with cancellations, medical and repatriation expenses, personal injuries or accidents, death, loss of personal baggage or money, and personal liability insurance.
12.2 It is your responsibility to ensure that you are adequately protected by an appropriate travel insurance policy. We recommend you refer to the Australian Government advice on SmartTraveller in relation to travel insurance.
12.3 We act on behalf of Cover-more Insurance Services Pty Ltd (Cover-more); YourCover Pty Ltd (Go Insurance); nib Travel Services (Australia) Pty Ltd.
13. Ticketing
13.1 For international and domestic bookings, documentation will be issued upon payment and completion of the booking process. All travel documentation will be available on the Trip Plans App prior to departure.
13.2 For international and domestic departure, e-tickets and documentation will be issued upon payment and completion of the booking process. In some instances, an e-ticket for flights selected may not be able to be issued. Bookings that cannot be issued with an e-ticket will have to be changed to comply with e-ticket regulations. All other travel documentation, such as hotel booking confirmations, will be emailed to the email address you provided as an e-document and available on the Trip Plans App.
14. Frequent Flyers and Special Requests
14.1 Please advise your consultant of your Frequent Flyer membership details for inclusion in your booking. We do not offer advice on Frequent Flyer eligibility on flights that we advertise or that you have booked. For more information on whether your airfare is eligible for Frequent Flyer rewards, you must contact the Travel Supplier directly. We do not take any responsibility should a Travel Supplier fail to register your trip. We recommend that you retain copies of your airline ticket and boarding pass as a record.
14.2 We will communicate any special requests that you have in relation to your Travel Product(s) but we make no guarantee that the Travel Supplier will accommodate them.
15. Website and Links
15.1 We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded onto our Website.
15.2 The applicable terms that apply to you are the Booking T&Cs that were in effect at the time you made your booking with us.
15.3 You acknowledge that the inclusion of links on our Website is not intended as an endorsement or recommendation of any linked website or its content of such sites. We do not guarantee that our Website or any linked website will be free from viruses, or that our Website or any linked website will be uninterrupted.
15.4 We reserve the right to correct any errors in rates or content quoted or calculated for any Travel Product, with immediate effect. We will use our reasonable endeavours to notify you of such corrections.
16. Privacy
You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy.
17. Jurisdiction and Governing Law
17.1 All matters arising out of or in connection with the use of our Website and all of these Booking T&Cs are governed by the laws of Queensland, Australia. By accessing this Website, and by acquiring the Bespoke Tours & Travel Services, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of Queensland, Australia.
Privacy Notice
ICON Adventures collects your personal information to enable us to provide you with the Bespoke Tours & Travel Services and the Travel Products, including assisting in arrangements with suppliers (such as hotels and airlines). We will also use your personal information to personalise the service we provide you, including your experience on our websites, and provide you with information about our and our partners’ products and services. Your information may be shared between entities within ICON Adventures and disclosed to Suppliers, Travel Suppliers, our website manager, our contractors and others where authorised or required by law. For further information, including how you can request access to and correct your personal information or complain about a breach of your privacy, please see our Privacy Policy.