Luxe Sailing Tours
ABN: 88 570 799 002
TERMS & CONDITIONS
You are entering into a contract with Luxe Sailing Tours (ABN 88 570 799 002) (hereafter referred to as us/we/our). By booking a trip with us, you agree to be bound by the terms and conditions set out in:
this Terms & Conditions;
essential trip information and important notes that apply to your trip;
any Special Conditions that may apply;
any terms or conditions noted on any invoice we provide;
the Waiver which we require you to sign.
The headings used in this Terms & Conditions are for convenience only, and do not affect the rights and responsibilities set out herein.
Booking
(a) Before confirming your trip with Luxe Sailing Tours, please carefully read and understand these terms and conditions that apply to your booking and your trip. In most cases, you will be directly booking with Luxe Sailing Tours, and as such, our Standard Conditions, along with any applicable Special Conditions, will govern your reservation
(b) If you are making a booking on behalf of a group, ensure each traveller has read and agrees to our Booking Conditions before making the booking. A contract will exist when we accept your deposit.
These Standard Conditions apply to all bookings/trips except as noted.
The terms and conditions that are in effect at the time of your booking will apply to your trip.
(Yacht charters) Please note, these are operated by third parties and therefore whilst we make every effort to ensure a consistent quality and level of service, these charters are governed by the independent operator whose own terms and conditions will apply.
It is the responsibility of each person who enters into an agreement with us (i.e. makes a confirmed booking) or participates in a Luxe Sailing Tours trip to:
read and consider the terms & conditions applicable to your trip (including your quoted price), which define your legal rights and responsibilities concerning your trip;
review the essential trip information and important notes related to your trip before booking to ensure a clear understanding of the itinerary, style, and physical demands of your chosen trip (essential trip information and important notes specific to your trip can be found on the corresponding tour web page); and
Any additional terms that may apply to your trip.
Price
Except as otherwise specifically noted, all pricing in our documentation is in Australian Dollars ($AUD). Note that surcharges may apply to credit card purchases.
We will quote your trip price based on the most up-to-date currency exchange rates available and send you a Booking Confirmation Invoice (‘BCI’) detailing your tour and the deposit payable. However, we may be required to vary the quoted price after sending the BCI, depending on a number of factors beyond Luxe’s control. Price variation (‘surcharge’) may be caused by factors such as currency fluctuations, new taxes, fluctuations in air travel prices, fuel surcharges, tour costs or government changes due to health and safety restrictions.
Where the cost of delivering your selected tour materially increases between the time of purchase and delivery, we reserve the right to impose a surcharge and increase the balance due. A material increase will be considered one in excess of 10% of the tour price.
If any surcharge exceeds 10% of the trip price, you may cancel the booking within 14 days of notification and receive a full refund.
Despite clauses 7 and 8, we will use our best efforts to provide you with the most accurate quote for your trip, but you acknowledge and accept that we have the right to vary advertised prices before or after sending you our BCI.
You further acknowledge that it is possible for passengers on the same trip to be charged different prices, and no refund or rebate will be paid or returned to you if you have not paid the lowest price.
Deposit requirement
To confirm your booking, payment of the BCI deposit is required.
Guided Sailing Tours
(a) As noted in your BCI, you are required to pay a deposit of 30% of your sailing tour price per person per trip for cabin charter or 30% of the total tour price for a group booking of an entire yacht for your trip to be confirmed.
(b) Final payment is required 120 days prior to your departure.
Guided Land Tours
(a) As noted in your BCI, you are required to pay a deposit of 30% of your tour price per person per trip for your trip to be confirmed.
(b) Final payment is required 120 days prior to your departure.
Yacht Charters
(a) As noted in your BCI, you are required to pay a deposit of 30% of your sailing charter for the entire yacht for your trip to be confirmed;
(b) Final payment is required 120 days prior to your departure.
Payment of Balance
Upon paying the required deposit, you acknowledge that you are entering into a contract with us to provide the services as detailed in this Terms & Conditions and in other documents such as our BCI.
The balance of the trip price quoted in the BCI (which may be subject to a surcharge, as outlined above) is due 120 days before the Commencement Date, unless otherwise stated in our BCI. You acknowledge that failure to pay the balance by the due date for any reason may result in the cancellation of your booking, and cancellation charges will apply as per clause 20.
If your booking is made within 120 days of the scheduled Commencement Date (or as otherwise noted in the BCI), the full amount of the trip is payable at the time of making your booking. (Note: deposit amounts may vary for selected trips and special campaigns).
Your details
To confirm your travel arrangements, each participant (or their parent/guardian) must complete a Luxe Sailing Tours Client Information Form, at least by the time you pay the balance of the trip price. Necessary details vary by trip and may include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date, and any pre-existing medical conditions affecting your ability to complete travel arrangements. All participants must provide a valid WhatsApp account, which we use to communicate vital information about your trip including any changes which may occur from time to time. Please refer to our Privacy Policy for information on how we manage your personal information.
Cancellation / Termination
If you choose to cancel your booking (or part of it) then the following clauses apply:
Guided Sailing Tour
cancellation at least 91 days prior to Commencement Date: Cancellation fee equivalent to your deposit will be forfeited by you.
Between 61 and 90 days prior to departure: Cancellation fee of 50% of the total booking cost will be forfeited by you.
60 days or fewer prior to Commencement Date: Cancellation fee of 100% of the booking cost will be forfeited by you.
Land Tour
cancellation at least 91 days prior to Commencement Date: Cancellation fee equivalent to your deposit will be forfeited by you.
90 days or fewer prior to Commencement Date: Cancellation fee of 100% of the booking cost will be forfeited by you.
Yacht Charter
cancellation at least 61 prior to Commencement Date: Cancellation fee equivalent to your deposit will be forfeited by you.
60 days or fewer prior to Commencement Date: Cancellation fee of 100% of the booking cost will be forfeited by you.
Custom – Made Tours
cancellation at least 91 prior to Commencement Date: Cancellation fee equivalent to your deposit will be forfeited by you.
Between 61 and 90 days prior to departure: Cancellation fee of 50% of the total booking cost will be forfeited by you.
90 days or fewer prior to Commencement Date: Cancellation fee of 100% of the booking cost will be forfeited by you.
Different cancellation conditions and/or fees may apply to specific trip styles and additional services. We recommend you obtain suitable cancellation insurance at the time of booking.
No refund or credit is provided for unused services if you leave a trip after it has commenced, fail to join a trip, join it after departure, or leave it before completion. Refer to clauses 51 to 57 (Liability) for information on your rights under Australian Consumer Law related to cancellation.
Cancellation by us
Our trips are guaranteed to depart with a minimum number of fully paid customers, as specified in the Special Conditions, and are subject to reasonable itinerary changes as described in these Terms & Conditions. You acknowledge that no compensation, refund or credit, either partial or in full is payable by us to you in such circumstances.
If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, unless the cancellation is due to a Force Majeure Event (defined in clause 28)
Cancellations by you or us due to Force Majeure
In addition to the cancellation rights outlined above, either you or us has the right to cancel your confirmed trip before Commencement Date or terminate it before the scheduled end of your trip due to a Force Majeure Event.
Where a Force Majeure event occurs prior to Commencement Date, we may either provide you with a credit or refund for the entire price paid for your trip, less any unrecoverable costs which will be determinable by us in our sole discretion.
If your trip, having commenced, is terminated due to a Force Majeure Event, we may either provide you with a credit or refund for the incomplete part of your trip, less any unrecoverable costs which will be determinable by us in our sole discretion
A “Force Majeure Event” includes but is not limited to the following situations occurring in or in proximity to the jurisdiction of your trip location, which significantly impact our ability to provide the trip or any reasonable substitute:
Acts of God, war, civil commotion, riot, blockade, embargo, fire, explosion, breakdown, union dispute, earthquake, epidemic, pandemic, health emergency, flood, windstorm, extreme weather event, lack or failure of courses of supply, passage of any law, order, proclamation, regulation, ordinance, demand, requisition, or requirement, or any other act of any government authority, beyond the reasonable control of the parties, not foreseeable, making it dangerous or not viable for a trip to commence or continue.
Booking amendments
Transfers of your booked trip to a third party or to an alternative trip are only permitted when operationally possible as determined by us in our sole discretion. Notwithstanding,
where a transfer to a third party is requested, the transferee must meet all the requirements for the trip confirmed by the transferring party;
administrative or other fees may apply, as determined by us in our sole discretion; and
no amendments are permitted to your booking within 60 days of departure.
(Custom-made Tours): Prices quoted are based on the requirements of your custom-made tour, based on indicated numbers travelling together as one group. Any changes to the group size at any time will require the trip to be repriced.
By making your payment, you are agreeing to the most recent itinerary and price quote. All revisions will be subject to requote and additional approval.
Any changes to the itinerary made by you AFTER services have been confirmed will require a revised quote and may be subject to an additional charge (as levied by hotels, ground operators, or airlines). No additional changes are permitted within 30 days prior to departure.
Trip Inclusions
The price of your trip includes the services and materials described in the essential trip Information, including:
Guided Sailing Tours
Skipper
Hostess
Tour Guide
Breakfast onboard
Lunch onboard
Five dinners (15 day sailing tours) and 4 dinners (8 day sailing tours)
Tender(dinghy)
Air Conditioning
Tubes * two
Sea Scooter
Fuel
Cooking Gas
Yacht water
Linen
Bath towel
Beach towel
Sunscreen
Wi-Fi
GPS plotter
End of charter cleaning
Berthing/Marina fees
Stand Up Paddleboards * two
Security insurance for yacht
Entry fees for onshore excursions
14 nights accommodation on luxury catamaran
Guided Land Tours
All Ground Transportation
Tour Guide
Lunches as specified in the itinerary.
Dinners as specified in the itinerary.
Sunscreen
Wi-Fi
Entry fees for ancient sites and museums
Accommodation in quality hotels with breakfast as specified in the itinerary.
(Transfers) If complimentary transfers are included, these are provided subject to availability and at our discretion where accommodation has been booked through us. Please advise your arrival details at least 30 days beforehand
Custom-Made Tours will be arranged on a case-by-case basis. The terms and conditions applying to your custom-made tour will depend on whether your tour is a sailing tour, land tour or a combination.
Yacht Charters
will be arranged on a case-by-case basis.
Exclusions
The price of your trip does not include:
Guided Sailing Tours
International or internal flights unless specified.
Transfers
Meals other than those specified in the essential trip information
Airport transfers, taxes and excess baggage charges unless specified.
Visa and passport fees
Travel insurance
Optional activities and all personal expenses.
Guided Land Tours
International or internal flights unless specified.
Transfers – unless specified
Meals other than those specified in the essential trip information
Airport transfers, taxes and excess baggage charges unless specified.
Visa and passport fees
Travel insurance
Optional activities and all personal expenses.
Custom-Made Tours will be arranged on a case-by-case basis.
Yacht Charters will be arranged on a case-by-case basis
Age & Health requirements
Minimum Age:
Guided Sailing Tours
Cabin Charter:
For Cabin Charter, the minimum age is thirty-five at the time of travel.
Yacht Group Booking:
The minimum age for a group booking of a yacht will be dealt with on a case-by-case basis. All travellers under the age of eighteen must be accompanied by a legal guardian or, in lieu of a legal guardian, by an escort over the age of eighteen, appointed by their legal guardian. You must provide us with sufficient evidence (as determined by us) of the guardian’s authority and the consent given by the guardian.
Land Tours
For most of our trips, the minimum age is fifteen at the time of travel. All travellers under the age of eighteen must be accompanied by a legal guardian or, in lieu of a legal guardian, by an escort over the age of eighteen, appointed by their legal guardian. You must provide us with sufficient evidence (as determined by us) of the guardian’s authority and the consent given by the guardian.
Custom-Made Tours
Custom-Made Tours will be dealt with on a case-by-case basis.
Yacht Charter
Yacht Charters will be operated by a third party, and age requirements will be subject to their booking conditions.
Maximum Age:
Guided Sailing Tours / Land Tours / Custom-Made Tours
For most of our trips, we have no upper age limit, but participants must ensure they are suitably fit for full participation. We recommend you obtain detailed medical advice at least two months prior to travel. In all circumstances, you acknowledge and accept all risk in participating in the trip, as set out in clauses 48 to 50, below.
Yacht Charter
Yacht Charters will be operated by a third party, and age requirements will be subject to their booking conditions.
Passport and visas
It is your responsibility to obtain and keep up to date all required documentation and identification for entry, departure, and travel to each country or region visited on your trip. This includes a valid passport, visas, permits, certificates, and insurance policies. Your passport must be valid for six months after the last date of travel.
You are responsible for all costs incurred due to missing or defective documentation and you acknowledge that you have been given sufficient opportunity to inform yourself as to all such requirements, laws, regulations, limitations or restrictions that may apply anywhere in the world relevant to your trip.
Travel insurance
Travel insurance is mandatory and must be taken out at the time of booking. Your insurance must cover personal accident, death, medical expenses, and emergency repatriation, with a minimum coverage of US$500,000. You must provide policy details and confirmation of currency of your insurance prior to the first day of your trip.
Change of itinerary
The nature of travel requires flexibility, and itineraries may be subject to alteration without notice due to local circumstances or events, and we reserve the right to change the trip itinerary before or after departure.
You acknowledge that no compensation, refund or credit, either partial or in full is payable by us to you in such circumstances, and we are not responsible for incidental expenses resulting from itinerary changes.
Authority on tour
Trips are led by group leaders, local representatives, crews or skippers (‘Leaders’). You agree that at all times you will follow all directions or requests of the Leader, whose decisions are final, relevant to safety or well-being. Failure to comply may result in immediate expulsion from the trip in our sole discretion, with no refund or compensation.
You must also comply with laws, customs, and our Responsible Travel Guidelines.
Acceptance of risk
Travel involves personal risk to your health, property and possessions. You may encounter dangers and challenges greater than those in daily life. You acknowledge these risks and the potential exposure to harm, illness, serious injury or death to you or your travel companions.
We take reasonable steps to ensure your safety, and you agree to follow all safety protocols as determined from time to time.
You acknowledge and agree to refrain at all times from holding us liable for any loss, damage, personal injury, loss of life, distress, loss of opportunity, any costs incurred by your participation in a trip whether before during or after it that you may suffer at any time and this clause may be pleaded in any litigation as a full bar to any claim, suit or demand made by you, your heirs, executors and assigns or anyone claiming through you.
Liability and service guarantee
Our services which include providing our tours (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law. “Australian Consumer Law” (‘ACL’) means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
To the maximum extent permitted by law (including the ACL) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss or damage (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Terms & Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct.
(Limitation of Liability) Where the law implies a warranty into these Terms & Conditions which may not lawfully be excluded (in particular warranties under the ACL) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
(Indemnity) You indemnify us (and all our subsidiaries, officers, employees, contractors, servants and agents) against all loss, claims actions, proceedings, damages, costs, and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services; and
(b) any breach by you of:
(i) these Terms & Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
(Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors, and individuals to assist in the running of our trips as agent for these third parties (‘Third Party Suppliers’). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third-Party Suppliers, we are not responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third-Party Suppliers and you may be required to sign additional terms as set out above. These may limit or exclude the liability of the Third-Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of that or any other jurisdiction.
We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, must be resolved solely between you and that party.
(Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
Optional activities
Optional activities not included in the trip price are not part of our contract with you. Though we may provide assistance in arranging these activities you agree that we are not liable in relation thereto. The arrangements for providing optional activities is between you and the activity provider.
Claims & complaints
If you have a complaint about your trip, please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means, any further complaint should be put in writing to us within 30 days of the end of the trip by email to [email protected].
Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable, void by operation of law, or against public policy, or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly, only to the extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Applicable law
These Terms & Conditions and our contract with you are governed by the laws of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts and tribunals of that jurisdiction.
Booking entity
You will be booking through Luxe Sailing Tours. (ABN 35 007 172 460).
Promotional terms
From time to time, we may run promotions and exclusive offers (‘Promotions’) on our website, which are subject to both these Terms & Conditions and any additional promotion-specific terms incorporated into these Terms & Conditions by reference. You agree that you have read the specific conditions that apply to each Promotion. Promotions are available for a limited time, defined on our website.
We reserve the right to cancel or change any Promotion at any time at our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In case of inconsistencies between these Terms & Conditions and the Promotional terms, the Promotional terms shall prevail.
Other
Any personal information collected about you will be managed in accordance with our Privacy Policy, which you agree to be bound by hereafter. It is your responsibility to periodically review this Privacy Policy and stay informed of any changes. Similarly, our Cookies Policy is available for review and you agree to periodically review and be bound by this policy
This Terms & Conditions, any Special Conditions and our privacy and cookies policies constitute the entire agreement between you and us. Your booking is accepted on this basis. The services provided are as detailed in your BCI. The terms “you” and “your” include the first named person on the booking and all others on whose behalf a booking is made or any other person added or transferred.