Terms and Conditions
By using the EuropeHolidays.com.au website or mobile site and our social media pages you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and Magic Tours International Pty Ltd T/a EuropeHolidays.com.au.
Please read the following terms and conditions carefully. You must not make any booking unless you fully understand and agree with our terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Magic Tours International Pty Ltd, T/a EuropeHolidays.com.au.
These terms and conditions apply to bookings you make online on our website or with our consultants (over the phone, via email or by visiting our office).
By making a booking, the person who makes the booking agrees on behalf of all persons detailed in the booking that:
• He/she has fully read these terms and conditions and has the authority to and does agree to be bound by them
• He/she consents to our use of information in accordance with our Privacy Policy
• He/she is 18 years of age or over and where making a booking with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services
Placing Booking Orders:
You are responsible for all the booking orders placed, including any discrepancies or errors in your booking.
Booking orders placed by you are offers to purchase a holiday package under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified. Holiday orders in your cart are not reserved until you have completed the checkout process which allows our consultants to proceed and confirm your holiday. Orders are only confirmed once payment is received in full and are subject to supplier/partner confirmation of goods & services.
We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to confirm your order, or if there has been an error in the price or product description on the Website.
You must review your order carefully before finalising it. Once an order is confirmed, you are able to cancel or change the booking subject to the terms and conditions in this Agreement.
In the event that we need to cancel or are unable to fulfil your order, we will provide a full refund of any payment received
Reservation of Your Holiday:
When we receive your order to book a holiday, either direct or online through our website, we allocate the holiday to you, subject to availability, process your payment and issue a confirmation/receipt.
Payments:
Full payment for travel arrangements made via the Europe Holidays online booking engine is due at the time of booking allowing our consultants to request space on your selected holiday and confirm your holiday order. Payments can be made by credit card, Paypal or by direct bank transfer. Payment is subject to our terms and conditions as well as supplier and/or airline terms and conditions. If paying by bank transfer, please note that your booking is not confirmed until the funds clear into our account. Some additional extras, supplements, and/or surcharges may be payable after purchase, if you have requested alterations to the initial booking offer or have requested additional services to be included in the booking. Any changes made to a booking after purchase may incur amendment fees as listed in the Schedule of Fees below.
“We may receive fees, commissions, gifts or financial incentives from third parties under this contract”.
Travel Agent Bookings:
The non-refundable deposit of AUD$200 per person for hotel bookings and 30% per person for Escorted Tours, Cruising and FIT Packages must be held by your travel agent before your travel agent will make a booking. The deposit will only be refunded if the requested holiday reservation is unavailable. Payment by you of the deposit implies acceptance of the terms and conditions of this agreement. Your travel agent will hold the deposit until the booking is confirmed by Europe Holidays at which time the deposit will be passed over to Europe Holidays within seven (7) days. Money held by your travel agent from time of confirmation is not held on behalf of Europe Holidays. All money received by Europe Holidays will be deposited as required by law and dispersed to our suppliers according to their conditions of payment. The balance of the purchase price is payable sixty – (60) days prior to your holiday departure or before you depart Australia. If the balance remains unpaid after this date, we reserve the right to cancel your booking and charge a cancellation fee in accordance with the scale set out below. If you book within sixty – (60) days of your departure from Australia, the full amount as stated in our brochure must be forwarded to us immediately.
A 1.5% fee will apply for payments with MasterCard Credit and Debit and VISA Credit and Debit, as well as American Express cards and 3.5% for Diners.
“We may receive fees, commissions, gifts or financial incentives from third parties under this contract”.
Orders:
Promotion of a travel offer on our website does not constitute a legally binding offer, but rather, are an invitation to treat. We reserve the right to accept or reject your order for any reason after that order has been made, including but not limited to the unavailability of any product or service, an error in the price or description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
Prices/Rates:
All prices/rates are quoted in Australian Dollars (AUD) and include all taxes, charges and service fees, including GST (if & where applicable) but are exclusive of credit card surcharges (please see details below). All prices/rates are subject to availability and can be withdrawn or varied without notice. Price changes may be caused by a number of factors including currency fluctuations, fuel surcharges, taxes and airfare increases. We reserve the right to adjust any fees, charges or prices as necessary to reflect such cost increases. We reserve the right not to honour any published prices that we determine were erroneous due to printing, clerical or electronic error. In the event of a price decrease, we are not obliged to refund you to match any subsequent price reductions after purchase. We reserve the right to modify, change, extend, or cancel the travel offer at any time.
Credit Card Surcharges:
A 1.5% fee will apply for payments with MasterCard Credit and Debit and VISA Credit and Debit, as well as American Express cards and 3.5% for Diners. These charges will appear on the credit card statement as part of the total charge. Credit Card payment debit may take up to 48 hours after a booking is made online.
You can also select the Direct Deposit payment method to benefit from no card processing fees.
Booking Amendments:
Changes to your booking, including but not limited to departure date, passenger name/s, and flight ticketing requests, are subject to availability and may incur charges. All amendments that you wish to make to confirmed booking arrangements must be sent to us in writing (email, fax or mail) and signed by the person who made the initial booking. We will make every effort to satisfy your request. A $95.00 amendment fee for land services (1 fee per booking) will be charged to cover some of our expenses + any additional charges applied by Suppliers ( tour company / cruise operator / other travel provider) will apply. If amendments to flights is required, an additional $165 will apply as per our flight terms and conditions http://ifly.net.au/terms-and-conditions
Name Changes Due To Passenger Error:
If the incorrect name has been advised to Europe Holidays, a charges of $165.00 per person inclusive of GST + any additional fees applied by the airline/ tour company / cruise operator / other travel provider will apply.
Cancellations:
Cancellations must be in writing (email, fax or mail) and signed by the person who made the initial booking. In order for us to cover any expenses and losses, the following land services cancellation fees will apply:
More than 60 days: Deposit only
60 – 29 days: 40% of package price
28 – 15 days: 60% of package price
14 – 4 days: 80% of package price
3 – Day of Departure: 100% of package price
Additional service provider fees may also apply to the above cancellation percentages.
For any flight cancelations, a $330 fee (1 fee per booking) applies plus any applicable airline cancellation fees as per our flight terms and conditions http://ifly.net.au/terms-and-conditions
We recommend you take out a comprehensive travel insurance policy immediately after making your booking to cover you against cancellation. Your policy may cover these charges if the reason for your cancellation falls within the terms of the insurance policy.
If We Change Your Booking:
Should circumstances beyond our control dictate, we reserve the right to make amendments to your holiday and will inform you about these as soon as they arise. If the minimum number of persons required for each tour is not reached, we reserve the right to cancel the tour. Should it be necessary to cancel your booking, we will offer an alternative from our programme / brochure. If this is not available or suitable to you, we will refund all monies paid by you. We cannot, however, accept responsibility for changes or cancellations due to “force majeure” – threat of war, political unrest, fire, adverse weather conditions, natural disasters or any other such circumstance beyond our control. In such instances we will refund all monies, less reasonable expenses incurred by our organisations.
PASSPORTS, VISAS AND HEALTH REQUIREMENTS
All travellers must have a valid passport for international travel, with at least 6 months validity from the date of return and at least 2 blank pages at the time of travel. Visas, including transit visas and re-entry permits, are the passenger’s own responsibility. You must ensure you are aware of passport, visa, health and other requirements of the country or countries to which you intend to travel, and obtain all relevant documentation prior to travel. Any expenses, fines, penalties, costs or losses incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. If you would like more information about visa requirements for your holiday, please call us on 1800 242 373. We can provide general information and assist with invitation letters, other documents (vouchers, itineraries, etc) which are required to apply for individual visa. We do not warrant the accuracy provided by any external service and accept no liability for loss or damage which you may suffer in reliance on it.
It is the passenger’s responsibility to ensure that they are aware of any health requirements for the selected travel destination/s. For some countries, a failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it. Vaccinations are strongly recommended for certain destinations and in some cases vaccination paperwork may be a condition of entry. Please note that vaccinations may be recommended some period in advance of travelling. We will not be responsible and will not be held liable for any expenses, fines, penalties, costs or losses incurred in relation to a traveller’s failure to comply with international countries’ entry/ health requirements.
TRAVEL INSURANCE
We strongly recommend that you take out travel insurance immediately after making your booking. Your policy should include cancellation, baggage, theft, personal liability, accident and medical cover, plus any other requirements specific to your travel plans, and should be valid for the entire duration of your travel arrangements. Please ask your consultant for details on the travel insurance products that we provide, or check our online policies at www.ifly.net.au/travel-insurance/aussie-travel for a quote. If you purchase travel and decline travel insurance, you may be required to sign a disclaimer.
TRAVEL ADVICE
It is your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination/s. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current advice. You can also register your travel plans with DFAT so you are more easily contactable in case of emergency.
TRAVEL DOCUMENTS
Immediately after payment you will receive a Confirmation email outlining the products selected and applicable payment. Please ensure you read this information carefully and report any discrepancies within the same booking day so they can be rectified. We will not be liable for any expenses, fines, penalties, costs or losses incurred in relation to a traveller’s failure to report discrepancies contained in the Confirmation email.
Details contained in this email are final and will be used for product booking and ticketing purpose. Any changes requested past 11pm on the booking day cannot be guaranteed and may incur additional fees.
We recommend making bookings at least 3 months in advance. Peak times such as weekends or holiday periods should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
FLIGHTS
Flight information listed on your Confirmation email is subject to availability and airline schedules. Some flights may arrive a day earlier or later, involve a transit, a stopover, or require a substitute airline. These changes are beyond our control. Your specific flight itinerary will be confirmed as part of the booking process after your purchase. If you have any concerns about this, please call us on 1800 242 373.
Any changes made to flights after the tickets have been issued will be subject to our flight terms and conditions listed at http://ifly.net.au/terms-and-conditions. Please refer to the schedule of fees for more details. Minimum connecting times are as per IATA, airport and airline specifications. Flights sectors are booked as advised by the operating airline in accordance with their rules and conditions.
Airlines have the right to reschedule or cancel flights at anytime, and any such schedule changes are beyond our control. It is your responsibility to contact the airline prior to travel to ensure that the scheduled departure time has not changed. In the event of a schedule change, please notify the local tour guide/hotel/transfer service via the specific contact details provided in your travel pack. We do not accept any responsibility for additional costs or losses incurred due to airline changes or cancellations. Note: significant delays of five hours or more may result in a no-show and involuntary cancellation at your accommodation unless prior notice is provided, particularly if you are delayed arriving to a stopover destination.
Any travellers purchasing an Australian domestic flight to the travel offer’s departure city are strongly recommended to arrive at the departure city one day earlier to avoid possible flight delays and cancellations.
Any travellers who fail to board their scheduled flights will be liable for any cancellation and/or reissue fees and charges incurred.
CRUISES
Cruise information listed on your Travel Voucher is subject to change based on availability and at the discretion of the cruise provider. Any special requests or changes to cruise bookings must be clearly stated in your Booking Form and are strictly subject to availability. Any changes requested after cabins have been booked will incur charges. This includes name changes due to customer error.
Cabin category selection, cabin upgrades, and any other cruise-related requests are strictly subject to availability and are not guaranteed. Cabin placement is allotted on a Run of Ship basis.
TRAVEL ITINERARY
Itinerary details listed on your Confirmation email are subject to change based on availability and other external factors beyond our control. This includes but is not limited to itinerary elements such as accommodation, touring sites and schedule, ground transport, transfers and flight routing. In the event of an itinerary change, an alternative of equal or higher standard will be provided.
GROUP SIZE & MINIMUM NUMBERS
Some Europe Holiday packages have minimum numbers required for the tour to depart. If minimum numbers are not reached we reserve the right to cancel and refund the full value of that tour. Occasionally a tour will be approved to go ahead even if minimum numbers have not been reached. Tours often have multiple coaches departing on a single departure date. In some cases airport arrival and departure transfers will combine multiple groups. This is dependent upon airline scheduling and airport ground transport requirements.
PASSENGER DETAILS
Passenger details must be exactly as per your passport, including middle name if applicable. If an incorrect name is supplied via our Online Booking Form and tickets are issued incorrectly this could result in a passenger being refused boarding at the time of departure. Name changes after tickets have been issued will incur additional charges from airlines as the ticket will have to be reissued. Please refer to the schedule of fees for more details. http://ifly.net.au/terms-and-conditions
It is your responsibility to check all of your travel documents (including but not limited to flight tickets, visas and insurance) immediately upon receipt and advise us as soon as possible of any errors or changes required.
BAGGAGE
Please ensure you read your travel documents carefully for details on baggage allowances as these can vary from airline to airline. The standard check-in baggage allowance for all airlines is limited to one piece and must not exceed 23kg, unless otherwise explicitly stated. Carry-on baggage is limited to one piece and must not exceed 7kg, unless otherwise explicitly stated. Excess baggage (if your airline allows it) can be purchased by contacting the airline and is the responsibility of the traveller. Europe Holidays will not be liable for any expenses, fees, penalties, costs or losses associated with baggage allowances and excess baggage.
FREQUENT FLYER POINTS
Frequent Flyer membership points cannot be used to purchase tickets or to upgrade flights through Europe Holidays. If Frequent Flyer memberships are applicable for your flights, it is your responsibility to lodge your Frequent Flyer membership number directly with the airline at the time of check-in or by contacting the airline directly. Europe Holidays is not responsible for processing or recording your Frequent Flyer membership details.
SPECIAL REQUESTS
Special requests, including but not limited to dietary and mobility requirements, are strictly subject to availability and must be advised to our staff at the time of booking. We will make every effort to accommodate special requests but cannot be guaranteed. Please note that it is your responsibility to lodge airline seating requests directly with the airline at the time of check-in or by contacting the airline directly. Europe Holidays is not responsible for processing or recording airline seating requests.
Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.
REFUSAL OF CARRIAGE
We retain the right to remove customers from the group for reasons that impact on the enjoyment or safety of other tour members, such as, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the tour, unsocial or unruly behaviour, or the carriage of prohibited substances and materials.
HOTELS
Hotel descriptions and information are provided by local suppliers’ online hotel sites. Features and facilities described are subject to change at any time. We have made reasonable efforts to verify that the descriptions and details are accurate but do not guarantee that they are. If a hotel change is necessary, an alternative property of a comparable or higher standard will be provided and there shall be no refund in this connection. Non-smoking rooms can be requested, however cannot be guaranteed as not all hotels offer dedicated non-smoking rooms. Hotel porterage is not always included.
TWIN SHARE ROOMS
Please note: In some areas including much of central Europe, traditional hotels sometimes offer ‘French Twins’ which are 2 separate beds and mattresses attached together and sharing a single headboard.
TRANSPORTATION
If a group size is too small to use a full sized touring coach we reserve the right to use a smaller coach. Smaller coaches and any vehicles used for local transfers and occasional day excursions may not have toilet facilities on board. Individual country and EEC laws regarding coach transportation will be abided by at all times.
COMPLAINT PROCEDURE
We are committed to dealing with complaints quickly and effectively. If a problem occurs, you must attempt resolution locally with the service provider (such as the hotel, airline, cruise or tour operator) within 24 hours as a first step. Failure to follow this course will result in any following claim for compensation being reduced or denied. If you have any unresolved complaint, you must email that complaint to us within 30 days of the completion of your travel arrangements. Failure to lodge a complaint within this time period will result in any following claim for compensation being reduced or denied. You must attach all relevant receipts and supporting documentation (including efforts made with the service provider to resolve it). All claims are subject to the terms laid out in our Refund Policy.
Responsibility:
By accepting this booking with Europe Holidays, you acknowledge that you have read and agreed to our booking conditions. You, also acknowledge that although all holidays contained in this programme are packaged by Europe Holidays, we do not own, manage control or operate any aircrafts, hotels, ships or coaches. We arrange your holiday with suppliers that we believe to be reputable and to comply with the standards set down by their local authorities. All bookings made by Europe Holidays on your behalf with the persons and companies providing transportation, accommodation and other services (“suppliers”) are made subject to the terms and conditions imposed by the suppliers in providing those services. Europe Holidays cannot be held liable for any breach of this contract arising as a result of any act or omission by or on behalf of the suppliers or for any loss, injury or damage arising as a result of such acts or omissions. Europe Holidays cannot be held liable for any loss, injury or damage resulting from occurrences beyond its control including strikes, theft, delays or cancellations as well as changes in schedules. We accept no responsibility for supplier terms, conditions or limitations and do not make or give any warranty or representation as to their standard. No refunds will be given for any unused portions of the tour. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services that you have purchased, your rights are against that provider and not against Europe Holidays. This includes itinerary changes due to weather, delays or other causes of whatever kind or nature beyond our control. We are not responsible for any criminal conduct by any third parties. Europe Holidays reserves the right to provide travel documents at the holiday departure points in Europe when required.
Airline Responsibility Clause:
This program is not issued on behalf of and does not commit any of the airlines whose services are used in the course of our tours.
Europe Holidays CREDIT:
Any Travel Credit granted by Europe Holidays, in accordance with the terms and conditions stipulated by the service providers (airline / tour company / cruise operator / other travel provider) is valid for 12 months from date of booking. You must advise our staff of the existing Credit at time of the next purchase and you may use the available Credit towards any Travel Offer listed on www.europeholidays.com.au at time of booking. To redeem please contact Europe Holidays on 1800 242 373. All bookings are subject to availability and you will be bound by the Terms & Conditions of Europe Holidays. Payment for your selected Travel Offer is required in full together with the redemption of the Europe Holidays Credit. No refund is available for purchases below the Europe Holidays Credit value. The credit must be redeemed in one transaction and any unused amount will be forfeited. Europe Holidays Credit must be used within the stated validity period or else it will be deemed void. It is non-refundable, non-redeemable for cash and cannot be used in conjunction with any other offer/promotion or Gift Certificate.
GOVERNING LAW
This agreement will be governed and interpreted in accordance to the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland.