1. YOUR HOLIDAY RESERVATION
On receipt of your deposit, subject to availability & at our discretion, Atma will reserve your place on your selected holiday. A contract is only made between you & us upon your booking being confirmed & accepted by us & our confirmation thereof to either you or your travel agent.
2. PRICE GUARANTEE
Prices in this brochure are based on costs & exchange rates as at: 27th April 2017. Should these costs change, it may be necessary to make a surcharge on the price of your holiday. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty. No surcharge in respect of cost or currency fluctuations will be made once payment of the deposit for your land tour has been received. This guarantee excludes fuel surcharges & does not apply to any taxes, charges or levies imposed by any government or their agencies. In exchange for these guarantees, no refund will be made if costs are reduced.
3. IF WE CANCEL OR CHANGE YOUR HOLIDAY
3.1 Atma reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond its control.
3.2 Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, & where available, offer you a comparable alternative.
3.3 If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Atma holiday without payment of any transfer fee.
3.4 If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural & nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Atma’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.
3.5 Atma is not responsible for the costs of any other travel arrangements affected due to our cancellations or rescheduling of any tour departure.
4. HOLIDAY DETAILS & CONDITIONS
4.1 The information in our brochure is correct to the best of our knowledge at the time of going to print but we cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.
4.2 Atma will do their best, at their discretion, to select accommodation, sightseeing tours & transportation to give you good value for money.
4.3 Atma will guarantee to match you up with someone of the same sex when booked in a Share room configuration.
4.4 Atma constantly strives to improve tour itineraries & features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries & to substitute hotels. Atma is not responsible for any other travel arrangements affected due to our cancellations.
4.5 We reserve the right to alter or substitute the type, size of vehicle and/or the style of transport mentioned in the brochure, resulting in occasionally having to utilise transport without some of the features promoted.
5.1 Your travel agent shall, on the receipt of any monies, hold such monies for you until the booking is confirmed at which time those monies shall be remitted promptly by your travel agent to us. All such monies received by us will be deposited as required by law.
5.2 We will be entitled to keep for our account any interest earned on such monies.
5.3 All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us as & when we see fit, in respect of the services to be provided &/or fees payable under the tour program. The payment of a deposit or any other monies in respect of your tour shall be deemed to be an authorisation for disbursement thereof as aforesaid.
1. BOOKING YOUR HOLIDAY
1.1 In order to reserve your holiday, a deposit of A$200, per person per tour, or the full amount payable if the booking is made within 45 days of your departure, must be submitted to Atma by you in respect of that holiday. This payment is in addition to any deposit required by your travel agent. The deposit is accepted as a first installment of the holiday price by Atma only once the booking has been confirmed in writing by Atma or your travel agent.
1.2 Your land reservation will be confirmed on receipt of a non refundable deposit of A$200 per person per tour which must be within 7 days of booking or the reservation will automatically be cancelled.
1.3 Any special meal requirements will be made on a request basis only. Atma cannot guarantee special meal requests nor will it assume any responsibility or liability if clients' special meal requirements are not fulfilled.
2. PAYING THE BALANCE
2.1 Credit Card Bookings: Atma should be advised of your credit card number when making your reservation directly with us. For security purposes, we are required to collect the card expiration date and the customer verification code.
2.2 The balance of the holiday must be paid no later than 45 days prior to your departure date from Australia which shall be by the due date stated on the confirmation issued to you by Atma.
2.3 If payment isn’t made by the due date, Atma may assume that you have cancelled & cancellation charges in accordance with clause 3 below will be levied by Atma.
2.4 Tickets & other documents won’t be forwarded until full payment has been received by us. The documentation will be sent approximately 21 days prior to your departure from Australia.
2.5 In the case of Late Bookings made within 45 days of your departure date from Australia, the full cost of the holiday will be payable immediately on booking & we reserve the right to provide all travel documents at the holiday departure point.
2.6 Atma reserves the right to cancel the booking & apply cancellation charges should payments not be received within the above specified periods.
3. IF YOU CANCEL
3.1 Notice of cancellation must be made in writing to Atma.
3.2 If you cancel more than 45 days before departure, your A$200 deposit will not be refunded, nor can it be credited to any other booking.
3.3 Upon cancellation you will be liable to pay a fee to cover the estimate of cost & expenses incurred by us in the terms of the schedule set out hereunder. This is expressed as a percentage of the holiday price & is calculated as follows:
PERIOD OF NOTICE
More than 45 days notice - Deposit is forfeited
45-31 days - 25% of tour fare
30-8 days - 50% of tour fare
7-1 days - 75% of tour fare
Day of departure - 100% of tour fare
NB: Where the percentage cancellation fee is less than the tour deposit, the cancellation fee will equal loss of deposit. If the reason for cancellation falls within the terms of any holiday insurance policy which you hold, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.
3.4 Any cancellation of additional services within 14 days from date of service, such as pre & post accommodation & transfers, will incur a 100% cancellation fee. For cancellation of additional services outside of 14 days from date of service, please refer to the above cancellation policy.
3.5 These cancellation fees are in addition to any cancellation fees that may be levied by your travel agent. All Cancellation policies valid as at 24th October, 2014, and are subject to change. Final policy will be confirmed at time of booking.
4. IF YOU CHANGE YOUR BOOKING
4.1 If after your booking has been confirmed, you wish to change to an alternate departure date of any available trip, you may do so subject to availability.
4.2 If the change is requested 45 days before the original trip departure no fee will be charged.
4.3 A change of booking within 45 days of original trip departure will be treated as a cancellation and normal cancellation fees will apply (as detailed in section 3). However trip deposits can be used as credit to a new trip.
4.4 The new departure price would not be eligible for early payment discounts (EPD) if within 45 days before departure or if the new departure is within 120 days of original travel date.
5. HOLIDAY DETAILS & CONDITIONS
5.1 Please read the brochure carefully for those items included in the price. No allowance or refund can be made for meals, accommodation, excursions, etc. that you elect not to take, or when museums, shops, etc. are closed. Hotel facilities may vary from place to place. Meals may vary in style.
5.2 Atma strives to provide a safe, enjoyable & memorable travel experience for all travellers. Atma welcomes travellers with special needs or disabilities. However, please note the following:
Travellers are required to advise Atma, in advance, of any physical, medical or other special needs that require accommodation.
All guests must ensure they are medically & physically fit for travel. Atma may impose safety requirements necessary for the safe operation of the tour. Atma may also exclude an individual from participating in a tour or an activity if that individual’s participation poses a direct threat to health or safety.
Atma does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). A companion capable of providing such assistance must accompany any passenger who requires services of a personal nature.
Atma does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the passenger’s expense. Atma is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services received.
Travellers should be aware some tours include rough terrain, extensive walking over cobblestone streets, uneven pavement, steps & locations which may not be easily accessible or accessible by wheelchair. During the tour, Atma may make arrangements with carriers, hotels & other independent suppliers to provide travel services. These parties are independent entities over which Atma has no control. Accommodations on international tours may differ from those in Australia. Atma cannot guarantee disability access or accommodations for travellers travelling on international tours.
Atma may, at its sole discretion, decline the booking of any passenger or remove any passenger who cannot comply or refuses to comply with Atma’s terms & conditions. Atma is not responsible for any costs incurred in the event a passenger is removed from a tour. Passengers agree not to hold Atma or any of its related entities liable for any actions taken under these booking conditions.
5.3 You are responsible for all travel arrangements & costs to/from the point of commencement/conclusion of the holiday.
5.4 There may be times when the Atma Representative has to make a decision in your best interests or the best interests of their group. You agree to comply with the authority & decisions of the appointed Atma Representative & the laws of the country in which you are travelling. If you do not so comply or if, in the Atma Representative’s opinion, you are not compatible with the general enjoyment & well being of other members on the holiday or smooth operation of the holiday itself, we reserve the right to refuse to let you continue with the holiday. We do not tolerate the possession or carriage of illegal or restricted substances (drugs). Furthermore, you agree that your fellow travellers & any Atma Representative has the right to travel/work in a safe environment. Any threats to their safety, well being or inappropriate behaviour by you, whether verbal or physical, will be taken extremely seriously & may result in the immediate termination of your holiday. In either event, you will be responsible for your own repatriation & related costs & have no claims against us.
5.4.1 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to staff &/or an Atma Trip Manager as soon as it is discovered.
5.5 Where the passenger occupies a motorcoach seat fitted with a safety belt, neither the operator or service providers, agents or co-operating organisations shall be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident.
5.6 It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected vacation as well as any necessary vaccinations and to comply with all applicable laws. Atma is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas whilst on tour (including accommodation, meals, flights and transfers incurred due to associated delays) are at your own expense.
5.7 You agree that our Atma Trip Managers or Representatives may take photographs & films of you while you are on holiday & that these may be used in our brochures &/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs &/or films.
5.8 Should you have a complaint in respect of the holiday, you should inform the Atma Trip Manager or Atma Representative during the course of the holiday & if the matter cannot be resolved after the representative’s best endeavours to do so during the holiday, your complaint should be made in writing to Atma as soon as is reasonably possible after the holiday but within 42 days thereof so that your complaint can be investigated. Any claims made after the 42 day period will not be considered by Atma.
5.9 The contract & all matters arising in respect hereof shall be subject to Australian Law, unless we agree otherwise in writing.
5.9.1 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity & enforceability of the other provisions shall not be affected.
5.9.2 If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.
It is compulsory that you take out comprehensive insurance cover for cancellation, personal injury, death, medical expenses, repatriation expenses and evacuation expenses before you travel on an Atma holiday. We strongly recommend your insurance also covers cancellation, personal liability and loss of personal property. Please check that the insurance covers all of the activities that you are going to be participating in. Some policies exclude certain adventure activities. This should be arranged at the time of payment of the deposit and will, in certain circumstances, cover you against loss of deposit or cancellation fees from the date of confirmation of your booking, as shown in the insurance policy. Atma cannot be held responsible for your failure to take out appropriate insurance. You also agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the holiday.
7. ILLNESS OR ABSENTEEISM
In the event of your withdrawal from a holiday after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.
8. WHAT'S NOT INCLUDED IN THE HOLIDAY PRICE
Airfares to & from your holiday destination, airport taxes, passport & visa fees, insurance, laundry, phone calls, beverages, personal expense money, medical fees, sightseeing, visits & entrance fees, meals not detailed in the itinerary, tips to Trip Managers, Tour Drivers, representatives & local guides, items of a personal nature, excess baggage, optional excursions & anything else not listed in the ‘What’s Included’ section of the itinerary pages within this brochure.
9. WEATHER CONDITIONS
Under no circumstances can we be held responsible for snow or weather conditions, nor can any holiday be cancelled or amended by you at any time on the basis of snow or weather conditions.
1. CONTRACTING PARTIES
1.1 The Booking Conditions detailed herein contain the entire contract between you & Atma. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorised officer or director of Atma.
1.2 Your contract is with us as the trip operating company. At any time & at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights & liabilities arising under or by virtue of this or any other contract with you.
1.3 Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time travellers are not on board planes, transportation or conveyances. We rely on international convention, national & international law which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to travellers and luggage. Enrollment in and payment for a tour shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company.
1.4 Atma is not a carrier or hotelier nor does it own aircraft, hotels or coaches. All bookings with carriers, hoteliers & other service providers are subject to the terms & conditions & limitations of liability imposed by those carriers, hoteliers, & other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay & loss or damage to baggage. Whilst we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance in helping to resolve any reasonable dispute. Please also note that Atma cannot be held responsible for the failure of any of these parties to provide facilities or services for disabled clients (see also 5.3 under Holiday Details & Conditions).
1.5 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a holiday from Atma or as having any other legal relationship with any such purchaser.
1.6 Every effort is made to ensure brochure accuracy at the time of going to print, however Atma cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.