Booking Conditions

BOOKING CONDITIONS (NON EUROPEAN CUSTOMERS)

Effective from 24^th October 2023

These Booking Conditions only apply to travel arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. We reserve the right to change these Booking Conditions at any time prior to you making a booking.

We act as agent for the principal operators of some of the travel arrangements we sell. Where we act as agent, your contract will be with the principal operator. The principal operator’s booking conditions will apply to the travel arrangements and these Booking Conditions will have no effect other than this paragraph and clause 15 which deals with our responsibility to you where we are acting as agent. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal operator.

“You” and “Your” means all persons named on a booking form (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Sundowners Overland” means Sundowners Overland Pty Ltd (ACN 005 066 348).

1. Making a Booking

A booking request is accepted when Sundowners Overland has issued a written booking confirmation and invoice. It is at this point that a contract between Sundowners Overland and you comes into existence. Sundowners Overland reserves the right to decline any booking at its discretion. No employee of Sundowners Overland other than a director has the authority to vary or omit any of these terms or promise any discount, credit or refund.

2. 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.

3. Pricing

(a) Published Prices Validity

Published prices are correct and based on exchange rates at the time of publication. Sundowners Overland reserves the right to adjust published prices due to currency fluctuations, government action (including new or increased taxes), or amendments to itineraries and train timetables beyond the control of Sundowners Overland. For the most up-to-date information on pricing please see our website.

(b) Price Surcharges

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.

We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.

You must pay any surcharge invoice prior to the commencement of your travel arrangements.

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.

(c) Not included in the price

Unless otherwise stated, flights, visas, airport taxes, port taxes, city taxes, airport transfers, items of a personal nature, and food and beverages are not included in the price of your travel arrangements.

4. Payment

Deposit

General Deposits

You are required to pay a minimum deposit as follows:

Bookings made 75 days or more before commencement: 10% of the booking value
Bookings made between 35 days and 74 days before commencement: 50% of the booking value
Bookings made less than 35 days before commencement: 100% of the booking value

Deposits are payable per person within seven (7) days of issuance of your booking confirmation and invoice. If you pay a provisional deposit at the time of making a booking request and we do not accept booking, then we will refund your provisional deposit within seven (7) days.

The deposit of 10% of the booking value (as incorporated into any higher deposit requirements where bookings are made nearer to commencement) represents a fee payable to us for services associated with the processing and confirmation of your booking. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).

Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

Tailor-Made Journeys

For Tailor-Made Journeys a fee may be required before your final itinerary is completed. This amount will be charged at the discretion of our Travel Advisor and will be removed from the total price of your journey when booked. If you do not make a booking, then this fee is not refundable and constitutes a fee for work performed for itinerary development.

Luxury Train Journeys

Deposit amounts for Luxury Train Journeys vary depending on the cabin type selected. Deposits start from USD$1500. Please contact Sundowners Overland for the correct deposit required for the train journey of your choice.

Final Payment

Final payment of the balance is due 75 days before the departure date of your journey with us. If we receive your booking less than 75 days prior to the tour departure date, it must be paid in full at time you make the booking request. If we don’t accept your booking request, we will refund your payment.

If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.

5. Amendments by you

Sundowners Overland will endeavour to accommodate changes and additional requests. You acknowledge that changes and requests may not be possible to fulfil. If we are able to fulfil any changes or requests, you agree that the following fees will be payable at the time we confirm the amendment:

If you wish to transfer your booking from one tour to another (and we are able to accommodate the transfer, which may not always be possible) and there are at least seventy-five (75) days until your departure, the following transfer fees are payable as per the currency of your booking: AUD $100, NZD $100, USD $100, CAD $100, GBP £50 or EUR €75 per person. Any tour price differential will also be payable if the alternative tour is of higher value.
If you wish to transfer your booking in any way less than seventy-five (75) days from the departure date, the cancellation fee detailed in Clause 7 will apply.
For any other changes made to your arrangements the following amendment fees are payable as per the currency of your booking: AUD $50, NZD $50, USD $50, CAD $50, GBP £25 or EUR €30 per person, plus any additional costs imposed by suppliers.

The only exception to this is accommodation and other services pre or post the tour which may be added up to one calendar month before departure without charge. Within one calendar month, these can be added with payment of the amendment fee as shown in subparagraph above.

6. Amendments by Sundowners Overland

(a) 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 that materially detracts from value prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time and you may elect to:

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
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.

(b) 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. We reserve the right to pass on any reasonable costs we incur putting alternative arrangements in place in this circumstance, provided we will deduct any costs we do not incur resulting from the changes.

(c) 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 or 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.

7. Cancellations by you

Covid-19 credit redemptions

If: (a) we issued you with a credit due to your original travel arrangements being disrupted by Covid-19 and associated restrictions; and (b) you have redeemed that credit for new travel arrangements; then (c) you agree that we will not be obliged to refund you the value of the credit if you cancel your new travel arrangements.

If you cancel travel arrangements that have a value which exceeds the value of your credit (Excess Payment), then we will refund you the Excess Payment, less cancellation fees in accordance with the table below, calculated from the date which we receive written notice of cancellation:

More than 75 days before commencement: 25% of the Excess Payment
74 days to 35 days before commencement: 50% of the Excess Payment
Less than 35 days or no show 100% of the Excess Payment

Other cancellations

Services we sell as principal

You may cancel your booking by giving written notice to us. We will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:

Cancellations received 75 days before commencement – Loss of deposit.
Cancellations received between 45 days and 74 days before commencement – 30% of booking value
Cancellations received between 30 days and 44 days before commencement – 50% of the booking value.
Cancellations received less than 30 before commencement – 100% of booking value less any direct costs for your travel arrangements we do not incur as a result of your cancellation.

The cancellation charges specified above represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests.

For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

Services we sell as agent

Different cancellation charges will apply to airline tickets, Luxury Train Journeys and any other services which we sell as agent. In this case, cancellation fees will be subject to the principal’s booking terms and conditions.

For Luxury Train Journeys, in addition to any cancellation fee charged by the supplier under their booing terms and conditions, all cancellation incur a $400 fee to Sundowners Overland for the management of the booking and subsequent cancellation. This fee will be deduct from any refund owing to you.

General

Depending on the reason for your cancellation, some of these cancellation charges may be recoverable under your travel insurance policy. We strongly encourage you to take out travel insurance with comprehensive cancellation coverage as soon as you pay a deposit.

The cancellation charges specified above represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests

8. Cancellation by Sundowners Overland

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 (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) 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:

in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure event; or

you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due a Force Majeure event (for example due to border closures)

then we may:

reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or

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 either:

issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 24 months of issue against any travel services offered by us; or
refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.

Force Majeure - During travel

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

Force Majeure – General

Were a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.

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.

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.

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.

If a guaranteed departure is cancelled for reasons other than Force Majeure or any other reason outside of the control of Sundowners Overland, a full refund of monies paid will be made. In addition, Sundowners Overland will offer you a 25% reduction in the price of an alternative tour. This is the full extent of Sundowners Overland’s liability to you for cancellation in these circumstances.

9. Illness or vaccination status preventing travel

If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:

an airline or other common carrier refuses you carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip

and you are consequently prevented from commencing or continuing your trip, then:

if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
if you have not commenced your trip then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.

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 you are prevented from commencing or continuing your trip in these circumstances.

10. Your responsibilities

Reasonable Behaviour

Travelling in a group may require some compromise to accommodate the different desires and abilities of group members. When joining a Group Tour you undertake to conduct yourself in a manner conducive to good group dynamics. If in the Tour Leader’s reasonable opinion you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the Tour Leader may in his or her absolute discretion require that you leave the tour. You will be responsible for any costs you incur in this circumstance and we will not be obliged to provide you with any refund.

Your Health & Fitness

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request.

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us on the Client Information Form.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition on the Client Information Form, we will provide you with a full refund of payments made other than in respect of flights less an administrative fee of AUD $150, NZD $150, USD $150, CAD $150, GBP £75 or EUR €100 per person.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

New Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

Non-Disclosed Medical Conditions

If any non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide, then the Tour Leader acting reasonably may exclude you from the trip this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

Passports, visas and vaccinations

It is a requirement that you hold a valid passport and visas for your journey. It is your sole responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your sole responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the tour. Any information provided by us is given in good faith and may not be relied upon as being accurate and does not constitute formal advice.

Sundowners Overland do not take responsibility if you rely upon this information and fail to obtain your own independent advice.

We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration (or the equivalent regulatory body in your jurisdiction). This is so health risks for yourself and others you come into contact with can be mitigated. If you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.

Travel Insurance

Travel insurance is not included in the tour cost. Comprehensive travel insurance (including medical and repatriation cover) is compulsory for Group Tours and Sundowners Overland reserves the right to require you to leave the tour in the event that you have not secured the appropriate cover (see your pre-departure kit for further details of appropriate cover). Comprehensive travel insurance is strongly recommended for Independent Journeys and Tailor-Made Journeys. You should take out insurance as soon as you pay your deposit because cancellation fees are payable from that time.

11. Refunds & Unused Services

No refunds will be made for any tours, meals, accommodation, sightseeing, transfers, or any other services included in the tour cost, which you do not utilise, if you choose voluntarily not to use the service, if you decide to leave the tour early, or if you are excluded from the tour due to your behavior or health. Any refund due for any service booked and paid for, but not provided (other than for reasons of Force Majeure), will be made by Sundowners Overland after the completion of your Sundowners Overland travel services. No overseas supplier or Tour Leader is authorized to promise a refund on our behalf.

If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances

12. Complaints

In the event of a problem with any aspect of your travel arrangements you must tell us or make the Tour Leader or our local representative aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.

If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).

If you fail to follow this procedure, this may limit your rights to make a claim.

Complaints can be addressed to:

Address: PO Box 76, 415 Sydney Road, Brunswick VIC 3056

Email: travel@sundownersoverland.com (Attention: Liz Anderson)

13. Health & Government Travel Advisories

It is your sole responsibility to inform yourself of the prevailing travel advisories issued by the government of your country regarding the risks and associated precautions (including health) related to travel to the countries and regions visited on your tour. Health advice is available from travel health specialists and international bodies such as the World Health Organisation. Sundowners Overland will not be responsible for advising you of such travel advisories or of any changes that occur to such travel advisories prior to departure of the tour.

14. Optional activities

When on tour, you may be offered the opportunity to engage in optional or non-itinerary activities. You acknowledge and agree that such activities are operated by third parties and do not form part of the travel arrangements operated by Sundowners Overland. Sundowners Overland makes no warranty as to the quality of the operators of optional activities. Optional activities may be inherently risky and Sundowners Overland will not be responsible to you for any loss, damage, injury or accident that may occur as a result of your participation therein. Any claim you may have in connection with the optional activity must be brought against the activity operator and you indemnify Sundowners Overland for any loss or expense incurred by Sundowners Overland due to any claim being brought against us as a result of your participation in an optional activity

15. Responsibility

Where we sell another operator’s travel arrangements as agent

We will tell you if we are selling travel arrangements as agent for the principal operator. Where we sell travel arrangements as agent for the principal operator, you agree that our responsibility to you is limited to arranging for you to contract with the principal operator for the supply of those arrangements. You agree that you will be subject to the principal operator’s booking conditions, and that any claim in connection with the supply (or failure to supply) the travel arrangements must be made directly against the principal operator. Sundowners Overland will in no way be responsible for the actions or failures of the principal operator or any person engaged by the principal operator. You warrant that you will not bring a claim against Sundowners Overland in this regard. You agree to indemnify Sundowners Overland against any loss or expense incurred by Sundowners Overland due to any claim being brought against Sundowners Overland in breach of this warranty.

Please note that we may receive commissions or other financial incentives in connection with the travel related services we sell that are supplied by third parties.

Where we sell our own tour / travel arrangements

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, railway and cruise operators, 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. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.

Services we directly control

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.

We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do.

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.

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays not caused by our negligence.

Recreational Services

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

This exclusion does not apply to significant personal injury caused by our reckless conduct.

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

General liability limitation

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.

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than with respect to the supply of recreational services. Other than the Consumer Guarantees, Sundowners Overland disclaims all guarantees or warranties.

To the fullest extent permitted by law, the maximum liability of Sundowners Overland 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 the travel arrangements resupplied.

16. Deemed acceptance of Booking Conditions

By making a booking request, you are deemed to have agreed and consented to all terms in these Booking Conditions and in any other documents provided to you by Sundowners Overland or any other person who may have booked the tour on your behalf. If you book on behalf of another party, you represent and warrant to Sundowners Overland that you are duly authorised to provide the agreement and consent the other party and you agree to indemnify Sundowners Overland for any breach of warranty in this regard.

17. Full participation (Group Tours)

For Group Tours, you are expected to be able to fully participate in the tour without the need for special assistance and to behave in an acceptable manner. Please note the following specific requirements:

Luggage:On all journeys (except Premium Tours and Luxury Train Journeys) you will be required to carry your own luggage on or off the trains, through stations and between vehicles and hotels. Please only bring what you can carry. Do not bring oversized suitcases or bags.
Walking:To fully participate in our journeys it is expected that you should be able to complete the day’s activities as outlined in this brochure and the relevant Journey Itinerary. This will include walking for much of the sightseeing and includes steps, stairs and uneven surfaces.
Meals:Due to the destinations and available facilities, specific personal dietary preferences will need to be managed by the individual traveller, and any extra expense paid locally by the traveller. Individual dietary preferences have not been taken into consideration in the planning and operation of these journeys.
Tolerance and consideration: When joining our journeys, you will be expected to accept the diverse personalities, physical abilities and travel expectations of other group members, and will be required to accommodate these differences, as well as any cultural sensitivities of the places visited, and conduct yourself in a manner conducive to good group dynamics.

18. Photos & Recordings

When on tour, employees, agents and/or other travellers of Sundowners Overland may from time to time take photographs or make recordings of you and tour activities that may identify you. You and any other travellers in your group may take and share photos on an app that we give you access to (subject to the app’s terms of use). You understand that you may feature in these photos and that other travellers in your group will have access to them. Sundowners Overland reserves the right to use any and all photographs and/or recordings made on tour (including any shared in an app we give you access to) for promotional reasons in printed materials, on the Internet or other media. In using such images, Sundowners Overland undertakes not to reveal your name, contact details or other personal information. You consent to the use of such images or recordings by Sundowners Overland and you acknowledge that you will not be entitled to payment or other compensation for the giving of consent or for the use of such images or recordings. Sundowners Overland may keep such images or recordings of you on record. If you do not wish for images or recordings of you to be collected, stored or used you must advise Sundowners Overland to that effect at the time of booking.

19. Privacy

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://www.sundownersoverland.com/privacy-policy

20. General

By making your booking request you acknowledge and agree that you have read, understood and agree to these Booking Conditions. These conditions cannot be varied, altered or waived by any servant, agent or representative of Sundowners Overland or any other person providing services on the tour.

The contract between you and Sundowners Overland is deemed to have been made in the State of Victoria, Australia, and shall be governed by the laws of the State of Victoria, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of Victoria, Australia.

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

These Booking Conditions do not affect any rights you have as a consumer under Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Sundowners Overland Pty Limited (ACN 005 066 348) is a limited liability company registered in Australia. Place of business: PO Box 76, 415 Sydney Road, Brunswick VIC 3056.

BOOKING CONDITIONS (EUROPEAN CUSTOMERS)

Effective from 28^th February 2022

We act as agent for the principal operators of some of the travel arrangements we sell. Where we act as agent, your contract will be with the principal operator. The principal operator’s booking conditions will apply to the travel arrangements and these Booking Conditions will have no effect other than this paragraph and clause 16 which deals with our responsibility to you where we are acting as agent. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal operator.

Making a Booking

Services

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. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.

Pricing

(a) Brochure validity

The information contained within the Sundowners Overland brochure is correct at the time of publication. Published prices are correct and based on exchange rates at the time of publication. Sundowners Overland reserves the right to adjust published prices due to currency fluctuations, government action (including new or increased taxes), or amendments to itineraries and train timetables beyond the control of Sundowners Overland. For the most up-to-date information on pricing please see our website.

(b) Price Surcharges

Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.

Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

(c) Not included in the price

Payment

Deposit

General Deposits

You are required to pay a minimum deposit as follows:

Bookings made 75 days or more before commencement: 10% of the booking value or the following amount in your chosen currency: GBP £100 or EUR €150 - whichever is greater.
Bookings made between 35 days and 74 days before commencement: 50% of the booking value
Bookings made less than 35 days before commencement: 100% of the booking value

The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).

Tailor-Made Journeys

Luxury Train Journeys

Final Payment

Final payment of the balance is due 75 days before the departure date of your journey with us. Your booking may be cancelled if full payment is not received by the due date, in which case your deposit will be forfeited. We are under no obligation to remind you of a payment becoming due. If we receive your booking less than 75 days prior to the tour departure date, it must be paid in full at time you make the booking request. If we don’t accept your booking request, we will refund your payment.

Amendments by you

If you wish to transfer your booking from one tour to another (and we are able to accommodate the transfer, which may not always be possible) and there are at least seventy-five (75) days until your departure, the following transfer fees are payable as per the currency of your booking: GBP £50 or EUR €75 per person. Any tour price differential will also be payable if the alternative tour is of higher value.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 75 days before departure provided that the new passenger accepts the transfer and these booking conditions. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.
If you wish to transfer your booking in any way less than seventy-five (75) days from the departure date, the cancellation fee detailed in Clause 7 will apply.
For any other changes made to your arrangements the following amendment fees are payable as per the currency of your booking GBP £25 or EUR €30 per person, plus any additional costs imposed by suppliers.

Amendments by Sundowners Overland

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 trip can still proceed), then we will notify you within a reasonable time.

A major change is deemed to be a change affecting at least one day per five days of the itinerary.

If we make a major change you can either: (a) accept the change; (b) accept an alternative tour (where we offer one and we will refund any price difference if the alternative tour is of a lower value); or (c) cancel your tour and receive a full refund of all monies paid.

If you choose to accept a refund:

we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

we will pay compensation as detailed in clause 9 except where the significant change is due to unavoidable and extraordinary circumstances

Important note: Unavoidable and extraordinary circumstances

‘Unavoidable and extraordinary circumstances’ means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken, including (for example) but not limited to, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

During travel

If, during the operation of the tour and for reasons beyond the control of Sundowners Overland, it becomes reasonably necessary to change an itinerary, including the start or finish city of the tour, Sundowners Overland may do so in its absolute discretion. Subject to our responsibilities to accommodate you for up to 3 nights if you are unable to return home due to unavoidable and extraordinary circumstances. Any additional costs incurred by Sundowners Overland in effecting these changes will be passed on to you which you agree to pay. You also agree that Sundowners Overland will not be responsible for any costs of airfares, visas or other expenses incurred by you as a result of a change to the itinerary in these circumstances.

General

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.

Cancellations by you

Covid-19 credit redemptions

More than 75 days before commencement: 25% of the Excess Payment
74 days to 35 days before commencement: 50% of the Excess Payment
Less than 35 days or no show 100% of the Excess Payment

Other cancellations

Once your booking has been confirmed, Sundowners Overland will only accept cancellations in writing. In the event of cancellation, the following charges will apply:

Cancellations received 75 days before commencement – Loss of deposit.
Cancellations received between 45 days and 74 days before commencement – 30% of booking value
Cancellations received between 30 days and 44 days before commencement – 50% of the booking value.
Cancellations received less than 30 before commencement – 100% of booking value.
For Luxury Train journeys, all cancellations received will incur a $400 fee to Sundowners Overland for the management of the bookings and subsequent cancellation.
For Luxury Train journeys, cancellations received 60 days or less prior to commencement or “No Show” – 100% of booking value.

These cancellation fees apply to tour services only. Different cancellation charges will apply to airline tickets. Depending on the reason for your cancellation, some of these cancellation charges may be recoverable under your travel insurance policy.

You agree that these cancellation charges are reasonable and required to protect the legitimate business interests of Sundowners Overland.

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe and act in accordance with advice provided by the United Kingdom Foreign & Commonwealth Office.

Cancellation by Sundowners Overland

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 (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (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 in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:

reschedule your travel arrangements (in whole or in part); and/or

cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).

If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Force Majeure - During travel

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

Force Majeure – General

Other cancellations

We reserve the right to cancel any tour (before commencement), including guaranteed departures. We will not cancel less than 56 days before the scheduled departure date except due to unavoidable or extraordinary circumstances or your failure to pay the final balance.

If we cancel your travel arrangements, you can either: (a) accept an alternative tour (where we offer one and we will refund any price difference if the alternative tour is of a lower value); or (b) cancel your tour and receive a full refund of all monies paid.

If you choose to accept a refund:

we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
we will pay compensation as detailed in clause 9 except where the significant change is due to unavoidable and extraordinary circumstances

Compensation

If it is necessary to cancel your travel arrangements or make a significant change after the date when payment of the balance becomes due except, we will in addition to any refund pay you compensation as follows

Period before departure within which notification of change or cancellation is given per person:

More than 56 days. . . . . . . . . . . . . . . . . . . . . . . Nil

56 – 42 days . . . . . . . . . . . . . . . . . . . . . . . . . . . .£10

41 – 25 days… . . . . . . . . . . . . . . . . . . . . . . . . . .£20

24 – 16 days. . . . . . . . . . . . . . . . . . . . . . . . . . . . £30

15 – 1 days. . . . . . . . . . . . . . . . . . . . . . ..... . . . . £40

Please note compensation is not payable in the case of minor changes or if cancellation is due to unavoidable and extraordinary circumstances or where we cancel due to your failure to make a payment. The compensation offered does not exclude you from claiming more if you are entitled to do so.

Illness or vaccination status preventing travel

If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19) or vaccination requirements:

an airline or other common carrier refuses you carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip

and you are consequently prevented from commencing or continuing your trip, then:

if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
if you have not commenced your trip then we regret we will not be in a position to provide such assistance.

Your responsibilities

Reasonable Behaviour

Travelling in a group may require some compromise to accommodate the different desires and abilities of group members. When joining a Group Tour you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the tour, the Tour Leader may in his or her absolute discretion require that you leave the tour.

Your Health & Fitness

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the journey of your choice and that you have received required vaccinations. You should also seek the advice of your doctor or travel health specialist regarding the specific health recommendations for travel to the countries and regions visited on your tour.

Sundowners Overland rely on the health information you provide in your Client Information Form when deciding whether to accept your booking request. You warrant that the information you provide is accurate and there are no other medical issues that may impact your ability to participate in the tour without the need for special assistance.

If your circumstances change following completion of your Client Information Form, then you must notify us as soon as reasonably possible, and in any circumstance prior to travel.

We reserve the right to cancel your booking if your changed circumstances mean you will require special assistance from our personnel during the tour. We suggest that your travel insurance (which you are obliged to have in place under these Booking Conditions) includes comprehensive cancellation coverage.

Should Sundowners Overland or your Tour Leader acting reasonably consider you medically unfit to join a tour or should your medical condition deteriorate during the tour, to an extent where you are no longer able to fully participate in the tour without special assistance, you will be required to leave the tour.

Any decision to exclude a passenger for any reason will be made by Sundowners Overland without any further recourse. When joining a Group Tour you accept the authority of the Tour Leader.

Passports, visas and vaccinations

Sundowners Overland do not take responsibility if you rely upon this information and fail to obtain your own independent advice.

Travel Insurance

Refunds & Unused Services

No refunds will be made for any tours, meals, accommodation, sightseeing, transfers, or any other services included in the tour cost, which you do not utilise, if you choose voluntarily not to use the service, if you decide to leave the tour early, or if you are excluded from the tour due to your behavior or health. Any refund due for any service booked and paid for, but not provided, will be made by Sundowners Overland after the completion of your Sundowners Overland travel services. No overseas supplier or Tour Leader is authorized to promise a refund on our behalf.

Complaints

If you have a complaint about any aspect of the travel arrangements, you must immediately bring it to the attention of the Tour Leader or our local representative at the time to give us the opportunity to put things right. If you fail to do this, you agree that you waive the right to make a future claim against us in connection with the problem. If you notify the Tour Leader or our local representative of the problem and the problem is not solved to your satisfaction you must forward your complaint in writing to Sundowners Overland no later than 28 days after completion of the tour at (otherwise you waive the right to make a claim against us in connection with the problem):

Address: PO Box 76, 415 Sydney Road, Brunswick VIC 3056

Email: travel@sundownersoverland.com (Attention: Liz Anderson)

Health & Government Travel Advisories

Optional activities

Responsibility

Where we sell another operator’s travel arrangements as agent

Please note that we may receive commissions or other financial incentives in connection with the travel related services we sell that are supplied by third parties.

Where we sell our own tour / travel arrangements

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, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us) 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. Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.

Services we directly control

General liability limitation

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:

The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
Any relevant international convention, 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, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask us for copies of the travel service contractual terms, or the international conventions.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

Deemed acceptance of Booking Conditions

Full participation (Group Tours)

Luggage:On all journeys (except Premium Tours and Luxury Train Journeys) you will be required to carry your own luggage on or off the trains, through stations and between vehicles and hotels. Please only bring what you can carry. Do not bring oversized suitcases or bags.
Walking:To fully participate in our journeys it is expected that you should be able to complete the day’s activities as outlined in this brochure and the relevant Journey Itinerary. This will include walking for much of the sightseeing and includes steps, stairs and uneven surfaces.
Meals:Due to the destinations and available facilities, specific personal dietary preferences will need to be managed by the individual traveller, and any extra expense paid locally by the traveller. Individual dietary preferences have not been taken into consideration in the planning and operation of these journeys.
Tolerance and consideration: When joining our journeys, you will be expected to accept the diverse personalities, physical abilities and travel expectations of other group members, and will be required to accommodate these differences, as well as any cultural sensitivities of the places visited, and conduct yourself in a manner conducive to good group dynamics.

Photos and Recordings

Privacy

General

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

These Booking Conditions do not affect any rights you have as a consumer under Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Sundowners Overland Pty Limited (ACN 005 066 348) is a limited liability company registered in Australia. Place of business: PO Box 76, 415 Sydney Road, Brunswick VIC 3056.