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1. (a) These terms and conditions (“Conditions”) form the basis of the contract between
You and Fun Over Fifty Pty Ltd (“Fun Over Fifty”, “We”, “Us” or “Our”) (“Contract”).
It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. By agreeing to participate in a tour arranged by us, you are deemed to have accepted these terms and conditions in full.

(b) All Fun Over Fifty tours are designed in terms of style and content for persons aged 50 years and over.

(c) Completion of the booking form, together with the passenger’s signature, verifies acceptance of these terms and conditions.

Fares and Booking Confirmation

  1. A non-refundable/non-transferable deposit is required for each booking as set out in the brochure. All tour prices are quoted in Australian Dollars, include GST and compulsory
    taxes where applicable and supersede all prices previously advertised. Prices are correct as at 1 March 2018 and are subject to change without notice. Please check the exact price of your tour at the time of paying balance. Airfares are based on the most direct route and are subject to class availability and any new Government taxes. Airline schedules are subject
    to change which may affect joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including overnight accommodation and transfers are at passenger’s expense. Rail prices are subject to change from time to time. All prices are valid subject to Government, hotel, fuel surcharges and currency fluctuations.
  2. (a) Payment for all domestic tours (ie tours that are entirely within Australia) must be paid no later than 45 days prior to departure.(b) Payment for international tours (ie those where all or part of the tour takes place in a country other than Australia) must be paid within the time advised by us.

(c) If You pay Us by credit card, a 1% surcharge will be added. There is no surcharge for payments made by cheque or direct transfer to our nominated bank account.

(d) DEPOSITS, AIRFARES, CRUISE AND RAIL FARES AND EXTENDER OPTIONS ARE NON-REFUNDABLE/NON-TRANSFERABLE. We recommend that you take out appropriate travel insurance to cover such cancellation fees at the same time you pay your deposit.

(e) Full payment of the Extender Option (if applicable) is required at the time of paying the deposit. The deposit and Extender Option are non-refundable.

(f) Sole Use rooms attract a single supplement fare and we do not offer ‘willing to share’ services.

(g) If booking is made as a twin share and one passenger cancels, then the party who is still travelling will have to pay the single supplement.

4. In addition to the above, Fun Over Fifty charges the following cancellation fees: (a) Cancellation 89-46 days before departure – 25% of fare.
(b) Cancellation 45-15 days before departure – 50% of fare.
(c) Cancellation 14 days or less before departure – 100% of fare.

(d) International tour cancellation fees are displayed separately on the tour pages displayed in the brochure.

5. Twin share prices are per person unless otherwise stated.

Limitation of Liability

6. Our products include the services of operators, such as hoteliers, airlines, coach companies and other operators who are not agents, servants or employees of Fun Over Fifty. Although we take care in selecting the operators of services and optional tour excursions, we cannot and do not take responsibility for the conduct of the operators, their servants and agents, or for any ramifications of that conduct. Some third-party suppliers may require passenger contact details in order to fulfil dietary/medical requirements. Fun Over Fifty is obligated to offer this information unless advised by the ‘passenger/s’ not to do so.

7. Fun Over Fifty has a Passenger Code of Conduct. Fun Over Fifty representatives/crew or any carrier reserves the right at its discretion to exclude from a tour, or to terminate the travel arrangements of, any person during the course of the tour without refund, or anyone who:

  • is incapable of caring for themselves without a minder/carer;
  • is unable to cope with the requirements of the tour or who may need or require servicesor facilities that are not available;
  • fails to comply with the reasonable instructions of Fun Over Fifty crew;
  • engages in illegal or undesirable behaviour or interferes with the enjoyment of orjeopardises the safety of other participants;
  • is a hazard to themselves or other passengers; and/or
  • is likely to become objectionable to other passengers, Fun Over Fifty staffand/or third-party suppliers.
    Anyone so excluded will be required to disembark at a safe public location, transportfrom which will be wholly their responsibility. You agree that Fun Over Fifty is released from all liability for, and you agree not to hold Fun Over Fifty responsible for, termination of your travel arrangements in accordance with the previous condition, or any decision made by Fun Over Fifty or by any service provider who refuses to provide you with special accommodation facilities or services that are not available or who refuses to carry you by reason of any disability or medical condition.
  1. Fun Over Fifty accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control. This includes participation in Environmental activities and/or events.
  2. Any term, condition or warranty express or implied by Statute or otherwise, for the products and/or services is excluded to the full extent omitted by law. However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Commonwealth) as amended, consolidated, supplemented or replaced.

10. To the full extent permitted by law, Fun Over Fifty’s liability arising under or in connection with this booking contract:-

(a) Is limited to the re-supply of the products and/or services or the payment of the cost of the re-supply of the products and/or services to you; and

(b) Excludes liability for any indirect or any consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

11. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us, and the travel agent has no authority, express or implied, to receive monies on our behalf. There is no liability on our part in respect of any monies paid to your travel agent unless and until we notify you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by us. We reserve the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by us within the specified time.

Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure

12. If Fun Over Fifty, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, sub-contractors and agents) from lawfully and/or safely providing any products and/or services, the subject of the booking contract to you, we may immediately by written notice:-

(a) Terminate the booking contract (in whole or in part); and/or
(b) Change your travel arrangements as reasonably practicable to ensure your safety and

invoice you for any additional costs of performing this service as mentioned above.

Limitation of Liability in the Event of Force Majeure

13. In the event that we cancel or change your travel arrangements in any way due to a Force Majeure event, we will not be liable to you in contract, tort, statute or restitution of any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):-

(a) The cancellation or change of travel arrangements; and/or

(b) The Force Majeure event.
For the avoidance of doubt, we are not liable to refund any part of the deposit and/or

purchase price paid by you if we subsequently change or cancel your travel arrangements in connection with a Force Majeure event. World weather patterns, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond our control. It
is your responsibility to purchase adequate comprehensive travel insurance to protect yourself against these risks.

Itineraries/Accommodation/Transport

14. Fun Over Fifty arranges tours on the condition that it is not liable for any damage, injury or loss which may occur due to accident, delay, irregularity or defect of any vehicle, vessel or accommodation.

  • Airfares as part of your package holiday inclusions are provided in economy class and Fun Over Fifty cannot be responsible for seating allocation.
  • Where a Fun Over Fifty ‘Gold Class’ or ‘Diamond Class’ coach is specified as the vehicle for your chosen tour, please be advised that if the vehicle was not available due to unforeseen circumstances, Fun Over Fifty has the right to replace the vehicle with their chosen supplier, and the same on-board facilities may not be available.

15. The tour itinerary is a guide only, and although we will make every reasonable effort
to adhere to the program, we reserve the right to make any alterations as necessary. Alterations may come about due to tidal or weather conditions, strikes, public holidays, local festivals, renovations and/or upgrades or other reasons. Any additional expense incurred by the passenger is not our responsibility. We can give no guarantee of the exact arrival and departure times for carriers and operators used by us on the tour, and will not be liable for failure to make connections with other services or attractions beyond its control.

16. The operation of each tour is subject to a minimum number of guests wishing to travel on that tour.

17. Luggage restrictions vary depending on tour type and destination. As a general guideline, luggage should not exceed 17 kilograms per person. Your final guest itinerary and transport tickets will display these limits.

18. Fun Over Fifty’s hostesses/escorts are on tour for companionship, guidance and assistance to coach captains. All our tours are escorted subject to a minimum loading of 20 passengers. If the tour runs with fewer than 20 passengers, the coach captain will take on both roles of tour host and driver.

19. All accommodation is twin share unless stated otherwise. Single rooms may be available for an additional fee; however, Fun Over Fifty gives no guarantee that sufficient (or any) single rooms will be available on any given tour.

20. The information presented in this brochure was to the best of our knowledge correct at the time of publication. However, changes beyond our control may have occurred since then with respect to prices, itineraries, duration of holidays, standard of services and tour content. Surcharges may apply. Every effort is made to ensure brochure accuracy at the time of going to print, and Fun Over Fifty cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.

Special Meals

21. Please advise Fun Over Fifty of any special dietary requirements at least 14 days before departure. Note that this will be on a request basis only, as Fun Over Fifty cannot guarantee the availability of special meal types.

Wi-Fi

22. Complimentary Wi-Fi service is available in many hotel guestrooms and/or the public areas of most hotels. Complimentary Wi-Fi is also provided on board a selection of the signature Fun Over Fifty ‘Gold Class’ & ‘Diamond Class’ touring coaches. Wi-Fi on coaches uses a mobile/cellular network and as a result the connection will be slower than regular broadband and at times may not be available. In some areas Wi-Fi service will not be available. Please note that Wi-Fi may not be available on transfer coaches and other local services.

Health and Fitness/Activity Level

23. This is a guideline of what to expect on our tours, travellers must be able to meet the following minimum activity level requirements:-

(a) A RATING OF 1 (EASY) Passengers must be able to:-
• Participate in guided or unguided small walking tours at a relaxed pace • Walking on mostly level ground
• Tackle an occasional flight of stairs or incline
• Occasional need to stand for up to 10 minutes
• Get on and off transportation unaided
• Manage your own luggage

(b) A RATING OF 2 (MODERATE) Passengers must be able to:-
• Participate in walking tours with time to rest at least every 10 minutes • Walk on areas such as bush tracks and soft sand – mostly level ground • Stand for 15 minutes, without needing to sit down
• Tackle a flight of stairs or incline
• Get on and off transportation multiple times unaided
• Manage your own luggage

(c) A RATING OF 3 (ACTIVE/MODERATE) Passengers must be able to:-
• Participate in walking tours without having to stop or sit down to rest for up

to 20 minutes
• Walk up an incline equal to a flight of stairs, without stopping
• Stand for 30 minutes, without needing to sit down
• Walk over uneven ground, tackle cobbled creek crossings & walk through soft sand • Get on and off transportation multiple times unaided
• Manage your own luggage

24. On International tours, you should carry a letter from your doctor or a copy of your prescription to confirm to the local authorities that you are entitled to be in possession of your medication.

25. On all International tours, passengers will require a clearance letter (provided by Fun Over Fifty) from their local GP for travel. If fitness circumstances change after providing the letter it is the responsibility of the passenger to provide an updated medical clearance from their GP. You accept that you travel at your own risk if this is not provided (refer section 7).

26. We do not, nor are we required to, provide carers or assistants for those with reduced mobility or other health needs. It is your responsibility to arrange for such a carer if so required. Any such carer will pay the full price of any tour.

27. In particular, hostesses, tour guides, coach captains, and your fellow passengers will not act as assistants or carers in these circumstances.

Smoking

28. Government regulations forbid smoking in tourist vehicles; however, frequent stops will
be made for those wishing to smoke. If you specifically require smoking accommodation, we shall request that the hotel provide this, but cannot guarantee that it will do so. Many hotels have a “no smoking” policy. In addition, smoking is prohibited in various places that the tour may visit, including restaurants, licensed premises (other than in designated areas) and patrolled beaches.

Seat Allocation

29. To ensure the enjoyment of all passengers, and to enable you to get to know your fellow travellers, we operate a daily seat rotation system in which all passengers must participate.

Service Enquiry

30. If a problem occurs during your tour, please advise your hostess or coach captain as soon as possible, so that steps can be taken to resolve the matter. If for any reason you remain dissatisfied, any complaint must be made in writing to us within thirty (30) days of the last day of the tour.

Travel Insurance

31. As well as the matters previously referred to in these Terms and Conditions, Fun Over Fifty is not liable for lost or damaged baggage and personal property. We strongly recommend that you take out fully comprehensive travel insurance with a reputable insurer at the same time as paying your deposit.

Travel Documents

32. For International tours, it is your responsibility to ensure that you have a valid passport. Please note that some countries require a passport to have a minimum of six months’ validity before allowing entry to the country.

33. We shall advise you if visas are required for any particular destination. However, it is your responsibility to ensure that, if necessary, any visa is granted prior to departure of the tour.

Privacy Policy

34. It is important to keep up to date personal contact information whilst on tour.
This information will be accessed by Fun Over Fifty staff in the event of an emergency or to gain more understanding of fitness levels, medical or support information.

35. At Fun Over Fifty We recognise the importance of Your privacy and will only use Your personal information in accordance with Our Privacy Policy and in accordance with the Privacy Act 1988. Full details of how We use and disclose Your personal information for the purposes for which it was collected can be obtained by visiting our website at www.funoverfifty.com.au, or by emailing info@funoverfifty.com.au.

Promotional Material

36. You agree that our Fun Over Fifty representatives or third-party suppliers may take photographs and films of you while you are on tour and that these may be used in our brochures, advertising and promotional material and/or online without obtaining any further consent or payment in respect of such photographs and/or films. Close-up photos will not be used without your specific permission. You consent to us using comments listed in surveys for Fun Over Fifty advertising and promotional purposes.

Brochure Validity

37. 1 March 2018 to 31 December 2018

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