SUN ISLAND TOURS TERMS & CONDITIONS
These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Sun Island Tours” means Sun Island Tours Pty Ltd.
A booking request is accepted when we issue a written booking confirmation showing we have received your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount, refund or credit.
The services we provide to you are limited to (a) the organizing 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 organize and coordinate the delivery of your travel arrangements.
PRICES & EXCLUSIONS
Prices stated are in Australian Dollars ($AUD) or New Zealand Dollars ($NZD) and are current at the time of publication. The most up to date pricing is generally available on our website, or alternatively please contact our reservations team for current pricing. The price includes accommodation, transportation and/or other services and inclusions as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
We endeavour to set prices for all products at competitive levels and cannot always guarantee that a similar product is priced the same if booked direct.
“From” prices shown are per person, twin share, based on the lead-in room category, and the lowest prices and seasonality at time of publication. “From” prices are a comparative guide only. Ask your travel consultant for exact pricing, dates, full inclusions, and availability. Each product or package selling price includes our fees to cover costs relating to: brochure production, research, reservation, documentation, advertising, postage, bank charges and remuneration to travel agents (if applicable). Receipt of your deposit signifies your acceptance of these industry standard commercial costs as part of our service offering.
Certain cities and countries have tourist taxes which need to be paid locally at hotels upon arrival.
We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation, fuel or air fare surcharges, or the imposition of new or amended Government charges.
We will not surcharge for currency fluctuations once full payment has been received by us.
For bookings of services which appear on our website (escorted tours, packages and cruises), a deposit of AUD $200/NZD $210 per person is required within 10 days (unless otherwise stated) of us accepting your booking. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable. 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. Certain services may require a deposit prior to confirmation, which is refunded if the service is unavailable. A greater deposit may be required for some cruises and other specific services, and payment may be required earlier than 10 days. This will be outlined on your invoice if applicable.
For bookings where we create a custom itinerary, a deposit of AUD $200/NZD $210 per travel file is required prior to quoting, in order to prepare a customised quote. This acts as your Sun Island Tours’ deposit, however further deposits may be required for any specific products, based on our suppliers’ booking conditions. This will be advised at time of booking. If you confirm travel arrangements within 10 days following this quotation, this pre-payment will be applied towards your booking and will be considered payment of your non-refundable deposit. If you do not confirm travel arrangements within 10 days of quotation, then this pre-payment will be considered a fee for work performed by us and will not be refundable to you.
If you request any arrangements within 60 days of your first service, or any specific products that require immediate payment, this amount will be charged prior to quoting or booking.
BALANCE OR FINAL PAYMENT
Payment in full must be received 60 days prior to your departure from your domicile. We are under no obligation to remind you of any payment becoming due. If we fail to receive a payment from you by the due date for payment in cleared funds, then this will be deemed a cancellation by you (see below). Note: some trips may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation. For late bookings (generally bookings within 30 days of departure), full payment may be required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund.
Credit Cards: Sun Island Tours accepts Visa, Mastercard and American Express as a form of payment within Australia and in $AUD only. A surcharge of 1.4% applies to Visa and Mastercard, and a surcharge of 1.8% applies to American Express transactions. Credit card transactions are processed through a third-party online payment platform, and the above fees are charged by them. We can only accept payment directly by the cardholder. Credit card payments are not permitted within 7 days of departure.
Ferry, Transfer, Day Tour only booking: An AUD 55.00 or NZD 58.00 fee will apply to all bookings that consist of ferry and/or transfers and/or day tours only, where no accommodation or multi-day tours have been booked with Sun Island Tours.
Late Booking: An AUD 55.00 or NZD 58.00 fee will apply to all bookings made within 30 days prior to departure from your domicile. Credit card guarantees are required when bookings are requested within thirty working days before departure. Courier fees may also apply.
INVOICE ERRORS OR OMMISSIONS
We reserve the right to correct any obvious errors in rates quoted or calculated for any service not withstanding that the invoice may have been paid in full. It is the responsibility of the agent or traveller (in the absence of an agent) to ensure that all services requested are correct.
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.
New or changed quarantine requirements
If after we confirm your booking: (a) new or changed quarantine requirements are imposed by government authorities either in a destination you are due to visit or in your home state or country; and (b) these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip not less than 61 days prior to commencement of the first arrangement. If you cancel travel arrangements in these circumstances, then we will refund payments made by you less: (a) unrecoverable third party costs and other expenses incurred by us in relation to your travel arrangements; (b) overhead charges incurred by us relative to the price of your travel arrangements; and (c) fair compensation for work undertaken by us in relation to your travel arrangements until the time of cancellation and in connection with the processing of any refund.
If you wish to cancel your trip, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:
You agree that the deductions and cancellation charges specified above are reasonable, 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 at your request is deemed to be cancellation of the original booking, unless advised otherwise.
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):
and you are consequently prevented from commencing or continuing your trip, then:
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 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.
CANCELLATION OR RESCHEDULLING BY US
Force Majeure – Prior to travel
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), severe 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).
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:
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 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
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.
If we cancel your travel arrangements for reasons other than Force Majeure (including where Minimum Numbers are not met on a tour or cruise), you will be offered, at your election, a refund of all funds paid to us, or the offer of travel of equal or better quality, if appropriate. In the event of a cancellation of only one or some services booked through us (whereby other services on your invoice remain confirmed), then our remedy to you is limited to the amount paid to us for those specific cancelled services only, or the offer of an alternative to those cancelled services only.
We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group tour departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of AUD $55/NZD $58 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
AMENDMENTS BY US
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. Our independent suppliers in each destination reserve the right to change hotels (for tours) and vessels (for cruises) to those advised prior to travel, and neither is guaranteed. In those situations we will notify only when the change results in a reduction in category of hotel or cruise.
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. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
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.
UNUSED & DENIED SERVICES
No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for.
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.
Regrettably, no refund can be paid after programme services have commenced due to, but not limited by, reasons such as missed connections, illness or client’s choice to change itinerary. Similarly, no refund will be given should any ferry, airline or train schedule fail to operate on time. Sun Island Tours does not authorise overseas suppliers to promise a refund on our behalf.
CLIENT NAMES – EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations, and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.
All rooms are run of the house unless otherwise stipulated. Double or twin beds may be requested, however cannot be guaranteed as there may be limited availability. Single rooms are often smaller in size than other room types and may contain only a single bed. Triple rooms are usually twin rooms with a rollaway bed or a sofa bed. It is important to remember that room types and bedding configuration cannot be guaranteed and are subject to hotel’s availability at time of check-in. Child policy is based on one child per room sharing existing bedding with two adults, unless otherwise specified. Rarely, hotels may be overbooked and it may be necessary to provide alternative accommodation. In such situations, the alternative accommodation will always be of a similar or higher standard.
Group Packages refer to organized special interest groups. Private Packages refer to individually customized bookings except when part of a cruise or coach tour.
Ferry and hydrofoil services and schedules are subject to change. A surcharge may apply for hydrofoils if regular ferry services are not available. No refund will be due from Sun Island Tours, however, you can speak to your travel insurer upon return to your domicile. Ferry and hydrofoil schedules and paper tickets will only be made available upon arrival at your destination.
Cruise companies reserve the right to change cruise vessels and itineraries without notice. Categories of cruise vessels vary. Cruise companies reserve the right to cancel services due to insufficient number of passengers. Service charges do apply and are charged locally.
PASSPORTS, VISAS & TRAVEL DECLARATIONS
It is a requirement that you hold a valid passport and any required visas for your trip. Your passport needs to be valid for a period of at least 6 months after your planned return to your domicile. It is your 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. This also includes completing Passenger Locator Forms or any other mandatory forms or digital “check-ins”, both in advance and during your travels.
It is mandatory for you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration or equivalent health authority in your domicile. This is so we can provide a safe environment (by mitigating health risks) for our staff, our contractors, our suppliers and their staff, and our other customers (as relevant). It also assists to protect the communities you will visit. You agree to provide us with evidence of vaccination at least 30 days prior to the commencement of travel arrangements booked with us. If you fail to provide evidence of vaccination by the time required, then you acknowledge and agree that this will be deemed a cancellation by yourself. Please refer to the “Cancellations by You” section above.
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 suffer from 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 at the time you make your booking request.
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 from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
MEALS & DIETARY REQUIREMENTS
Meals are indicated as follows: B = Breakfast, L = Lunch and D = Dinner. Where breakfast is free and included, as specified in the individual rates, there is no separate value and therefore cannot be refunded if not taken. Drinks with meals are not included.
Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
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, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
Some tours may be performed multilingually. Tour can range in sizes and the number of passengers on a tour cannot be guaranteed until joining the tour at your destination. Guaranteed departures are subject to each tour’s Minimum Numbers. If a trip fails to satisfy Minimum Numbers, the trip may be cancelled. If the trip is cancelled, we will at your election refund you all payments made, or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of the cancellation. Tours are not operated by Sun Island Tours. They are operated by local companies (Independent Suppliers) in the destinations we sell.
Usually tipping is extra unless specified on your documentation. Tipping is not mandatory, but we do encourage it if you have received good service. We recommend approximately AU$ 5-10 per day for guides and AU$ 3-5 for drivers.
When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your tour.
WEBSITE & BROCHURE ACCURACY
Scenes shown are representative of those featured in the various programs but are not necessarily supplied or visited. Maps are not to scale and are provided as a guide to location only. Sun Island Tours endeavours to ensure the website is accurate however we cannot be held responsible for typographical errors, or errors arising from unforeseen circumstances.
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.
ACCEPTANCE OF RISK
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.
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.
Sun Island Tours is an Australian and New Zealand Wholesaler; and even though we represent overseas destination management companies and services and products, we cannot be held responsible for any information or lack of on their behalf.
In almost all cases, products and services sold by Sun Island Tours is provided by Independent Suppliers, and we act as intermediary only.
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 supply
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.
GENERAL LIABILITY LIMITATION
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 State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability 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 them resupplied.
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier as listed on your voucher aware of such problems immediately.
We will only consider and be responsible for claims made against us where 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, then you must make any claim in writing within 30 days from the end of your travel arrangements.
If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
The contract between Sun Island Tours Pty Ltd and you is governed by the laws of the State of NSW. Any disputes shall be dealt with by a court with the appropriate jurisdiction in NSW.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Updated: 31 May 2022