Introduction:

The following Terms and Conditions apply generally to all the products and packages (Escapes) sold by Air Escapes. Air Escapes utilizes for its Escapes the services of other providers including, but not limited to, accommodation, air and ground transport, meals, tours and clubs both individuals and companies. Such providers are referred to as ‘The Principals’ in these conditions.

The Company acts as agents for all Principals. It is therefore important to note that all bookings made by Air Escapes may be subjected to the terms and conditions imposed by airlines, coach operators, hoteliers, clubs and others providing services.

Deposit and Payment:

A non-refundable deposit of 10% of the full amount is required on submission of the reservation, with the balance to be paid no later than 45 days before the start date of travel.

When you make a payment towards your Escape, you represent that you have the authority from all guests on your reservation(s) to accept our ‘Terms and Conditions’ on their behalf. Until such monies have been received by Air Escapes, receipts for deposits or final payments from travel agents do not constitute payment.

Escapes cannot always be guaranteed as many factors may affect our ability to provide them. These include, but are not limited to: weather, mechanical difficulties or unforeseen circumstances and require a minimum number of bookings for the Escape to proceed. If required numbers are not achieved, a full refund or transfer to another Escape with similar inclusions will be offered. For this reason, we do not guarantee Escapes and they do not form part of your contract with us.

Escape Costs:

The Escapes presented are representative of a complete all-inclusive package. A breakdown of itemized component costs will not be provided.

Price Inclusions and Exclusions:

What’s included in your Escape? All exclusive travel as outlined in each itinerary. All breakfasts, lunches and dinners as specified for the period of the Escape. All accommodation, sightseeing and fees as specified. Entry fees and porterage, transfers and the services of the professional crew/Escape Tour Director.

Items included in the prices or rates of the products are specified in each section. Prices do not include: meals other than as stated in itineraries, airfares to or from your home town or country including relevant taxes and charges, Government departure taxes, passport and visa charges, vaccination fees, all items of a personal nature such as telephone calls, beverages, laundry, excess baggage charges and gratuities and travel insurance, all communication charges we incur on your behalf or personal accidental or medical expenses.

Rates and Price Variations:

Air Escapes reserves the right to vary the Escape costs in the event of an adverse change in exchange rates or price rises made by the Principals. Costs will only be increased with the Principles varied costs. Where this necessary, you will be advised in advance if an additional surcharge is to be added. You will be offered the choice to accept the variation or a full refund or transfer to another escape.

Visas and Travel Documents:

Visa requirements differ for every country. Some countries require a visa for entry priort to arrival. All visas (where required) must meet the requirements of the country visited. Information can be obtained by visiting www.visalink.com.auor by contacting the relevant consulate. It is the responsibility of the guest to ensure that all necessary documentation is valid prior to the commencement of the selected Escape, and to continue to be responsible to ensure that these are in order and to meet any additional costs incurred (whether by you or by Air Escapes on your behalf) as a result of failure to comply with such requirements. Air Escapes can advise visa requirements and costs for Australian residents at time of confirmation of bookings and for any visas that are required.

Responsibilities of the Client or their Agent:

Any passports, visas, health certificates or other documentation required for the Escape must be obtained by you. Air Escapes cannot be liable to credit or refund any services unused or otherwise included in the basic Escape price or for any lost, mislaid or destroyed travel documents.

Vaccinations:

Immunization requirements vary from country to country. Please contact your local doctor who will advise you of vaccination requirements, visit www.travelvax.com.au

Flight Timings:

Air Escapes cannot accept responsibility for amended flight timings, cancellations or failure to board flights inbound to the starting point of your Escape.

Notification Period if you Cancel a Reservation:

Unfortunately it is necessary for us to strictly enforce the cancellation policies, as we must make firm reservations for you for suitable transportation, accommodation and touring. The reservations we make are subject to onerous cancellation fees. If you cancel a reservation any time prior to the departure of your confirmed Escape, the following cancellation fees will apply:

Notification Period Cancellation Penalty
More than 90-days Loss of deposit*
90 days and less 10% of total costs*
70 days and less 50% of total costs*
45 days and less 100% of total costs*
Failure to join tour or leaving once departed 100% of total costs*

* All cancellations must be advised to us in writing and fees are calculated on the day written notification is received by Air Escapes.

If you Change a Reservation:

Any changes to the original reservation including changes to airline tickets and accommodation that may have been sourced by Air Escapes will incur a charge equal to 10% of the total cost. A change of dates within 45 days of departure will be treated as a cancellation and subject to the cancellation fees as set out.

Refunds for Unused Services:

No refunds will be made for unused services where a guest terminates the Escape after it has commenced regardless of reason.

Filming and Photography Licensing:

By accepting these terms and conditions, you consent for Air Escapes to use photography provided to us from time to time by guests. If you prefer that your image is NOT used, please advise Air Escapes and/or your Escape Tour Director.

Liability:

  1. Air Escapes shall not be held liable for any loss or damage suffered by a guest of his/her property by the negligence of any principals. Air Escapes cannot accept any liability for acts, omissions or default, whether negligent or otherwise, of airlines, hoteliers, tour operators, clubs or other persons providing services in connection with your Escape over which has no direct control.
  1. Air Escapes reserves the right to cancel or modify itineraries or bookings where circumstances require if we believe such modifications is in the best interest of guests safety or wellbeing.
  1. Air Escapes and its principals will take reasonable care, but cannot be held accountable for delays or financial losses caused by the inability of any principal used in this Escape to provide services described due to cessation of business, bankruptcy, delayed flight arrivals, justified delay, force majeure or any other reason. Where possible we will substitute a program of equivalent interest, or a hotel of similar standard.
  1. Air Escapes reserves the right to substitute vehicles, should this be unavoidable due to genuine reasons, of a lesser standard.
  1. Where Air Escapes has made a description of hotels, courses or activities as best available or luxurious (for example) these are not necessarily official rating, but own assessment, based upon our own impression, general opinion, Trip Advisor, sporting or industry digests and what is available locally. Information and opinions in our brochures/website in respect of the airlines, hotels and other principals whose services are used for comparative purposes only and are given in good faith.
  1. Local factors may limit hotel and other facilities described. Air Escapes shall not be held responsible for such limitation or withdrawal of facilities.
  1. Special dietary requirements are requested from accommodation and meal providers. Air Escapes applies all reasonable checks to ensure that those involved in the preparation of meals understand the requirements however cannot guarantee that requests will always be met.
  2. Given the limited accommodation that is available in some remote, regional destinations Air Escapes will do it’s upmost in securing the most suitable facilities, but should these not be available, then the next most suitable arrangement will be made.
  1. You shall not enter or remain in the aircraft while your mental or physical condition is, in the opinion of any employee of the carrier or a contractor to the carrier or in the opinion of Air Escapes such as to render you incapable of caring for yourself or make you objectionable to other guests or become a hazard to either yourself, other person or property and the carrier will not be bound to provide nor arrange substituted carriage if you are expelled by reason of this clause from completing your Escape.
  1. Air Escapes reserves the right to request a guest to be accompanied by a companion should age or infirmity hinder the guests ability to travel on the Escape on his/her own.
  1. Any carriage by air of yourself and any Baggage by Air Escapes or their Principals are subject to the terms and conditions of your travel insurance policy, the Principals terms and conditions, and any industry regulatory body.
  1. You are allowed a Baggage Allowance of one checked bag/suitcase not exceeding 15-kg and a cabin bag not exceeding 7-kg. The carriage of Baggage in excess of these limitations shall be at the sole discretion of Air Escapes. This clause may include the carriage of golf or sporting equipment allowed for in the appropriate Escape package.

Level of Fitness:

Please note that good health and a fair degree of mobility are required to fully enjoy an Escape. Escapes are not physically demanding but may involve walking on unprepared ground and travel by 4WD vehicles, boarding boats and walking up aircraft stairs. Please consult us if you have any doubts about your physical capability to cope on a particular Escape. It is solely your responsibility to assess yours or the person for which the booking is made suitability to participate.

Insurance:

Air Escapes recommend that you purchase travel insurance to cover you against such things as personal illness or accident, cancellation, loss of baggage, or in the event of having to cancel your Escape due to unforeseen circumstances etc. Air Escapes must be advised in writing if you decide not to obtain such insurance. Air Escapes is indemnified by you against any financial loss or damage.

Meanings:

Air Escapes, we, us, our means Air Escapes Australia ABN95614068914, and includes its employees.

Baggage means your personal property accompanying you on your Escape. It consists of both your Checked Baggage and Cabin Baggage.

Baggage Allowance means the amount of Checked Baggage and Cabin Baggage.

Cabin Baggage or Carry-on Baggage means any of your baggage other than Checked Baggage you take on the aircraft with you.

Damage means death of, wounding of or bodily or personal injury to a guest and also includes loss, partial loss, theft or other damage to baggage arising out of or in connection with, either carriage on flights or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

Day(s) means a full calendar day.

Escape means the specified package(s) as offered by Air Escapes.

Force Majeure means:

  • Any material change in law
  • War, whether declared or not
  • Revolution or acts of terrorism or acts of public enemies
  • Riot or civil commotion
  • Any natural or state-wide strike, lockout or stoppage, work ban, restraint of labour, go-slow or other national or state-wide industrial dispute which renders the principle unable to provide the services for more than 5 consecutive days
  • Acts of God
  • Acts of any Government entity (including confiscation, expropriation or nationalism)
  • Power failures or shortages
  • Sabotage, terrorism or shortage of fuel
  • Fire, flood, storm, tempest, earthquake, volcanic eruptions and washaway
  • Fuel contamination or the failure of fuel or refueling equipment available at any port relevant to the operation of the Services, and from which a principal customarily uplifts fuel, to meet the Aircraft manufacturer’s or CASA standards which continues beyond two days or impacts the day of operations of the services
  • Any other cause or event provided that it is not reasonably within the control of Air Escapes

Justifable Delay means a service may suffer from a justifiable delay

  • The effects of weather which may prevent or delay take-off or landing of the aircraft or whilst the aircraft is en-route
  • Delay to a flight due to traffic restrictions imposed by air traffic controllers, airports, seaport authorities or any Government Entity
  • Non availability of essential services and facilities including but not limited to Air Services Australia or any Airport Authority or Foreign Airports

Notification Period means the specified time period prior to the start date of the Escape in which cancellation will incur a financial penalty.

Privacy Act means when youragent provides us with personal information about yourself, you acknowledge that we will use this information principally for the purpose of making travel reservations for yourself. Where necessary we may disclose this information about you to third parties including but not limited to airlines, hotels, car rental companies, rail operators, tour wholesalers, insurance companies and their intermediaries. From time to time we may send you information that may help you to understand and make decisions regarding your travel needs, this could include Escape and flight offers. By accepting thee terms and conditions you are agreeing to receive copies of our electronic newsletters. If you do not consent to us sending you information,please advise us.

Reasonable Care means the degree of caution and concern an ordinary prudent and rational person would use in similar circumstances.

Reservation means a confirmed booking where a deposit and payment has been made for the Escape in accordance with these Terms and Conditions

The Principal(s) means our providers, which we use to provide the services described in our Escapes.

You, your, yourself, guest means the individual(s) as undersigned on the Escape Reservation