1) YOUR CONTRACT
a) If you book only one type of arrangement with Cox & Kings (for example a hotel only or cruise only,), Cox & Kings acts only as a booking agent for the supplier of that arrangement (for example the hotel or cruise provider). Your contract for that arrangement will be with that supplier (in these conditions referred to as the "Third Party Supplier") and not Cox & Kings. The Third Party Supplier's own terms and conditions (copies available on request) will apply to that contract in addition to the applicable parts of these conditions.
(b) In all other cases your contract will be with Cox & Kings.
(c) When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
2) BOOKING, PAYMENT AND CONFIRMATION
(a) You may book by post, telephone, via our website or through a licensed travel agent. We will communicate with you by e-mail in relation to your booking (including sending you documents such as your confirmation invoice) if you book online or otherwise provide us with an e-mail address. You must accordingly check your e-mails on a regular basis and should print and retain hard copies of all confirmation documents, e-tickets and other important communications. We will contact you by telephone and/or post if you do not provide us with an e-mail address or we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. Where you have booked through a licensed travel agent, we will communicate to you through them in all cases, except in an emergency when we may communicate with you directly. References in these booking conditions to "send" and "in writing" include communication by e-mail and via our online booking facility where applicable. You may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to firstname.lastname@example.org
(b) You must send us a fully completed booking form together with a deposit of A$700 per person per tour (unless advised of another amount at time of booking) together with any applicable insurance premium (or evidence of alternative cover) (see clause 5) and any applicable visa fees (see clause 12(a)). Journeys on the Maharajas' Express require a deposit of 25% of the package price for all bookings outside 100 days prior to departure. If you book less than 100 days before departure, full payment must be sent with your booking form. Where we act only as agent (see clause 1(a)) you will be advised of the applicable deposit and payment timetable at the time of booking.
(c) On receipt of your completed booking form and the applicable payment, and providing your requested holiday is available, Cox & Kings will issue a confirmation invoice. It is at this stage that a binding contract comes into existence between you and Cox & Kings or between you and the Third Party Supplier, as applicable. Please note, though, that if you book a tailor-made itinerary or an extension to a tour, your accommodation, flights etc. will only be requested by Cox & Kings once your booking form together with a deposit has been received. Your confirmation invoice, in this instance, will indicate your requested package cost and you will be advised of any accommodation, flights etc. which are still on request and not confirmed at the time the confirmation invoice is issued.
(d) Once payment has been made, any subsequent request to have that payment refunded and to pay by an alternative means may require you to pay an administration fee.
(e) It is your responsibility or your travel agent's responsibility as applicable to check the confirmation invoice and any other documents we send you carefully and to let Cox & Kings or your travel agent know immediately in the event of any error or inaccuracy as it may not be possible to make changes later. Where we act only as agent for a Third Party Supplier we will have no responsibility for any errors in any documentation except where those errors were made by ourselves.
(f) The balance of the cost of your arrangements is payable not less than 60 days prior to departure (70 days in the case of Burma tours), unless you are informed otherwise. If all payments (including any surcharge where applicable) are not received on time, we (or we acting as agent for the Third Party Supplier where applicable) are entitled to assume that you wish to cancel your booking and will retain the deposit paid.
(g) (1) Providing full payment has been received, travel documents will be sent approximately 2 weeks before departure (Third Party Suppliers' policies may vary) unless your booking is made within 6 weeks of departure, in which case final documents will be sent as soon as possible, made available for collection or sent by courier upon the payment of a fee. (2) For some countries you will be handed your internal flight/train/hotel vouchers by your tour manager/Cox & Kings representative on arrival at your destination.
(h) Cox & Kings has included in the relevant prices all government taxes in the amount applicable at the time of booking which do not have to be paid locally. Those that have to be paid locally by you are extra and are your responsibility (such as international airport departure tax).
(i) Credit card payments are welcome however a fee will be charged on the value of the amount charged to your credit card and will be added to the amount being paid. Our current fees are 2% on all credit cards. These charges are inclusive of GST and are non-refundable.
3) SPECIAL REQUESTS / MEDICAL PROBLEMS / DISABILITIES
Where special requests for flight seats, room/cabin allocation, diet considerations etc. are required Cox & Kings must be made aware of these in writing at the time of booking. Whilst every effort will be made to pass these requests on to the suppliers concerned (or Third Party Suppliers where applicable), we cannot guarantee they will be met. Where special requests for flight seats are passed on by Cox & Kings to an airline, the confirmation of seat numbers is at the discretion of the airline.
Confirmation that a special request has been noted or passed on to the supplier / Third Party Supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you have any disability or medical condition which may affect your arrangements or the booking process, please provide us with full details before booking so that we can advise as to the suitability of the chosen arrangements and/or assist you with making your booking. In any event, we must be given full details in writing at the time of booking and whenever any material change in the disability or condition occurs. You must also advise us in writing if any such disability or condition develops after your booking has been confirmed. If we / any supplier / any Third Party Supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we / they reserve the right to decline the booking or, if full details are not given at the time of booking and we / any supplier / any Third Party Supplier reasonably feel unable to properly accommodate the particular needs, cancel when we become aware of these details.
4) YOUR TRAVEL AGENT
(a) Any travel agent through whom you make a booking will relay information from you to us and vice versa. Cox & Kings is neither responsible for any failure by your travel agent to do this properly, or in good time, nor for any advice given to you by your travel agent that did not originate from Cox & Kings.
(b) Any money you pay to one of our authorised travel agents for your booking will be held by the travel agent on behalf of Cox & Kings / the Third Party Supplier (as applicable) until it is paid to us.
It is a condition of booking with us that you take out insurance at the time of, or prior to, making your booking. Please read your policy details carefully and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
6) ALTERATION BY YOU
(a) If you wish to make any amendments to your holiday after the confirmation invoice has been issued, you must inform us in writing and we will do our best to help. Please note however that if you (i) change to a different departure date, cruise or destination or (ii) change your booking less than 60 days before departure, this will be treated as a cancellation and a new booking and you will be liable for the cancellation charges set out in clause 10 (except as set out in 6(c) below). In the event a change can be made, you must pay all costs and charges incurred or imposed by any of our suppliers (or Third Party Suppliers where applicable) together with an amendment fee of A$66 per alteration per booking before the change can be made.
(b) If you wish to change any aspect of your holiday after it has commenced, Cox & Kings and/or their agents will do their best to assist, subject to you being responsible for any cancellation charges that may be levied for the arrangements originally booked, for the cost of your new arrangements and for any costs incurred by Cox & Kings and/or their agents in attempting to secure or securing any revised arrangements. All such charges and costs are payable locally.
(c) If you wish to transfer your place on your booking to another person (introduced by you), you may do so provided the reason for the transfer is personal illness, the death or serious illness of a close family member, jury service, redundancy or unavoidable work commitments. Requests for a transfer must be made in writing at least 30 days prior to departure and must be accompanied by documentary proof of the reason for the transfer (e.g. a doctor's certificate), full details of the person who will replace you, any outstanding balance due for the tour, a payment of A$66 to cover our administration costs plus such amount as our suppliers (or Third Party Suppliers where applicable) will require to effect the change (if the transfer can be made). Please note that, in some cases, suppliers such as airlines treat name changes as a cancellation, levying cancellation charges and requiring payment for a new ticket. These charges must be paid by you before any change can be made.
7) CHANGES TO OR CANCELLATION OF YOUR ARRANGEMENTS BY US OR YOUR THIRD PARTY SUPPLIER
(a) This clause 7(a) applies only if your contract is with us. Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings which we reserve the right to do. Most changes are minor. Occasionally, we have to make a "significant change". A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, a change of departure point to one which is more inconvenient for you (except between airports serving the same city) and, in the case of cruises a radical change of itinerary. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:- (i) (for significant changes) accepting the changed arrangements or (ii) purchasing an alternative holiday from us (paying or receiving a refund in respect of any price difference) or (iii) cancelling or accepting the cancellation, in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you or your travel agent subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we have to cancel because the minimum number of persons required to operate your holiday has not been reached prior to the balance due date. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A 'minor change' is any change that does not come within the definition of a significant change set out above. Although Cox & Kings will try to notify you of minor changes, it is not obliged to do so. Minor changes include (but are not limited to) the following: (1) Changes to one or more confirmed destination(s) for your holiday, providing there are no significant changes affecting any confirmed major destination; (2) Changes in the scheduled date and time of arrival or departure provided that, where necessary, hotel accommodation and reasonable sustenance for the period in question is provided to you at no additional charge; (3) Substitution of a named Lecturer and or Leader for another knowledgeable expert in the same field. All group holidays with Cox & Kings require a minimum number of bookings before they will operate. All group holidays with Cox & Kings require a minimum number of bookings before they will operate. If an insufficient number of people have booked to make your holiday arrangements financially viable so that we have to cancel, we will inform you no later than 8 weeks before your departure date. If, after you depart, it becomes apparent that a significant proportion of the arrangements you have booked cannot be provided, Cox & Kings will make suitable alternative arrangements for the continuation of the package at no extra cost to you and will, where appropriate and provided the change in your arrangements has not been caused by force majeure (see cl 9), compensate you for the difference in value between the arrangements you should have received and the alternative arrangements made. In particular, because Cox & Kings neither owns, manages nor controls the accommodation / transportation that it uses, it is possible that Cox & Kings may be advised that your reserved accommodation is not available when you arrive at your destination. In this event Cox & Kings will endeavour to secure accommodation of at least the same standard in that destination. If only accommodation of a lower standard is available Cox & Kings will refund the difference between the prices of the accommodation booked and that received, and will pay A$66 per person for any inconvenience caused. This amount will be paid on your return from holiday.
(b) This clause applies if your contract is with a Third Party Supplier. If the Third Party Supplier changes or cancels your booking we will pass on the new details to you together with any compensation that the Third Party Supplier may offer. As agent only for the Third Party Supplier we cannot accept any liability for any changes or cancellations made to these bookings.
8) POST DEPARTURE CHANGES CURTAILMENT
Please note, clauses 8(a) and (b) only apply where your contract is with us.
(a) Changes and curtailment after departure (not caused by force majeure) If, after departure, it becomes apparent that a significant proportion of the services you have booked with us cannot be provided, we will make suitable alternative arrangements at no extra cost to you. We will also, where appropriate, compensate you for any difference in value between the arrangements you should have received and the alternative arrangements made and for any disappointment or inconvenience you have reasonably suffered as a result. For example, as we neither own, manage nor control the accommodation / transportation we use, it is possible we may be advised that your reserved accommodation is not available when you arrive at your destination. In this event, Cox & Kings will endeavour to secure accommodation of at least the same standard in that destination. If only accommodation of a lower standard is available, we will refund the difference between the prices of the accommodation booked and that received. Any compensation or other sums due will be paid on your return from holiday. If we are unable to make suitable alternative arrangements or you reject those offered for good reasons, we will, where your holiday includes international flights we have arranged and where appropriate, return you by equivalent transport (type and class of travel) to the departure point of your holiday or such other place as we agree as soon as we are reasonably able to do so. If your holiday does not include international flights arranged by us, we will, where appropriate in this situation, meet your reasonable costs of your return travel to your outward point of departure providing we have agreed these costs in advance of your incurring them. Where you reasonably return home early in the above circumstances, we will provide you with a refund in respect of that part of your holiday that you did not receive. Please note, we can only accept responsibility for the sums specifically referred to in this clause. We will have no liability for making any other payments including, without limitation, the cost of any service (such as flights, other transport or accommodation) which you book with someone other than Cox & Kings or which you arrange during your holiday in place of contracted services (unless we have agreed in writing to meet the cost) or for any losses or expenses of any nature (and whether or not we could have foreseen you would incur them) which you suffer or incur as a result of, or in connection with, your original holiday booking or any changed or curtailed arrangements including, without limitation, loss of earnings, paid holiday leave, profit, business or business opportunities. In all cases, our maximum liability is limited to a sum equivalent to the cost of the holiday (excluding amendment charges and insurance premiums), and a refund of any directly attributable, reasonably incurred expenses (providing where appropriate, any such expenses that have been agreed by us). (b) Changes and curtailment after departure (caused by force majeure)
If, after departure, it becomes apparent that a significant proportion of the services you have booked with us cannot be provided, we will make suitable alternative arrangements at no extra cost to you. If we are unable to do so, or you reject the alternative arrangements offered for good reasons, we will, where appropriate, return you by equivalent transport (type and class of travel) to the departure point of your holiday or such other place as we agree as soon as we are reasonably able to do so. We are not, however, obliged to provide you with return travel to your departure country if your holiday does not include international flights. Where the contracted service that we are unable to provide is your return flight, we will arrange for you to travel on an alternative flight in the same class of travel as soon as we reasonably can. However, we will have no liability to provide, or meet any costs of, any accommodation, meals or other services (other than those that form part of your contracted arrangements) while you are awaiting the alternative flight. The airline concerned may be obliged to do so. Please note, we can only accept responsibility for the sums specifically referred to in this clause . We will have no liability for making any other payments, including, without limitation, any compensation, refunds (unless we obtain any refunds from our suppliers), the cost of any service (such as flights, other transport or accommodation) that you book with someone other than Cox & Kings or that you arrange during your holiday in place of contracted services (unless we have agreed in writing to meet the cost) or for any losses or expenses of any nature (and whether or not we could have foreseen you would incur them) that you suffer or incur as a result of, or in connection with, your original holiday booking or any changed or curtailed arrangements, including, without limitation, loss of earnings, paid holiday leave, profit, business or business opportunities. Very rarely, we may be forced to curtail your holiday and return you to your home country (where your holiday includes return travel) before the scheduled end of your holiday. This is extremely unlikely, but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
(c) Changes and curtailment after departure - contract with a Third Party Supplier As agent only for the Third Party Supplier, we cannot accept any liability for any changes to or curtailment of your arrangements made after departure.
9) FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, neither we nor any Third Party Supplier can accept liability or pay any compensation where the performance or prompt performance of our or the Third Party Supplier's contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 13(a)(ii)) as a result of force majeure. In these booking conditions, 'force majeure' means any event which we / the supplier of the service(s) in question / the Third Party Supplier could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and all similar events outside the control of the party concerned.
10) CANCELLATION BY YOU
Should you wish to cancel your booking you must notify Cox & Kings or your travel agent (as applicable) in writing. Such notification will only be deemed to have been given on receipt of your letter, since we can only act on receipt. Please state the reason for your cancellation.
The following cancellation charges will apply:
|Days before departure|
|Amount of cancellation charges |
as a % of total tour cost
|More than 60 days||Deposit|
|59 to 45||40%|
|44 to 15||60%|
|14 to day of departure or later||100%|
The following cancellation charges will apply for holidays in Burma:
|Days before departure|
|Amount of cancellation charges |
as a % of total tour cost
|More than 70 days||Deposit|
|69 to 55||40%|
|54 to 40||60%|
|39 to 25||75%|
|24 to day of departure or later||100%|
No allowance or refund can be made for meals, rooms, excursions etc., included in the price of your tour but not taken, nor can any refund be made for lost, mislaid or destroyed travel tickets or vouchers. Part cancellation of a booking may result in increased costs for the remaining party members.
Please note that cancellation conditions for Maharajas' Express package reservations are an exception to the above and the following cancellation charges will apply -
|Days before departure |
|Amount of cancellation charges |
as a % of total tour cost
|More than 100 days||Deposit|
|99 to 75||50%|
|74 to day of departure or later||100%|
All prices in this brochure are in Australian dollars (A$) and are current as at the time of printing. Any supplements payable locally in the destination (eg. security deposit, entrance fees) will be expressed in local currency. Where exchange rate fluctuations occur of more than 2.5%, or any other increases in the price of services provided which are beyond the control of Cox and Kings including any fuel surcharges, we reserve the right to adjust package prices accordingly, at any time up until the delivery of service, irrespective of the reservation payment status. Acceptance of this arrangement is a condition of booking. Package prices which include flights are subject to change due to fluctuations in airline fees, fuel surcharges, taxes and other charges. Our prices are inclusive of the cost of research of our travel products, consultation with travel agents, communication costs incurred in confirming travel services with overseas suppliers, providing documentation, brochure production, marketing and advertising. No representation is made by us to imply that the same, or similar, product may, or may not, be obtained at a lower price. Receipt of your payment signifies the acceptance of the costs of services provided on your invoice, E&OE* excepted. Occasionally our holiday prices are discounted for a limited period for promotional purposes. Discounts cannot be applied retrospectively to reduce the price of a confirmed booking.
12) YOUR RESPONSIBILITIES
(a)General information concerning visa requirements applicable to Australian or New Zealand citizens is set out in our Documents & Health information. You should familiarise yourself with any health or visa requirements that may be applicable in the areas that you intend visiting, and you shall be responsible for all entry, exit, health and other documents required by law, regulations, orders, demands or requirements of the countries visited or transited. You shall carry a valid passport at all times. Passport, visa and vaccination requirements are not our responsibility and we are not liable for any loss or expense due to your failure to comply with the above. It remains your responsibility to ensure that these documents are in order and to meet any additional costs incurred (whether by the client or by Cox & Kings on the client's behalf) as a result of failure to comply with such requirements. You accept that you may be travelling through areas of political or climatic instability, high altitude and remote areas without proper medical services, and accept the associated risks. The making of a booking constitutes your acceptance of all booking terms and conditions as described herein and forms the basis of your contract with Cox & Kings.
(b)If you have any medical condition / disability that may affect your ability to enjoy and pursue fully your arrangements you must notify us in accordance with cl 3. Cox & Kings reserves the right, where appropriate, to ask you to provide written certification of your medical fitness prior to departure. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday.
(c)It is the responsibility of the person who makes the booking to ensure that all members of the party are in possession of all necessary travel and health documents and have all necessary vaccination certificates before departure. All costs incurred in obtaining such documentation or vaccinations / certificates must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation or have the correct vaccinations/certificates. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. If you are refused a visa we cannot accept any liability. If you are unable to travel as a result you will be liable to pay our normal cancellation charges. The person who makes the booking is also responsible for ensuring that every member of your party has adequate travel insurance (see clause 5 above).
(d) Behaviour: We expect all clients to have consideration for others and to behave appropriately. If, in the reasonable opinion of our tour manager, agent or other employee or of any other person in authority, you behave in such a way as to cause or be likely to cause danger, distress, upset or significant annoyance to anyone (for example, other clients or our employees, agents or suppliers) or damage to property, we are entitled, without prior notice where appropriate, to terminate the holiday of the person(s) concerned. We will have the same right to terminate your holiday if you are subject to arrest, or are prevented from travelling at the reasonable discretion of an airline or other transport or cruise provider, or if you are evicted from a hotel at the reasonable discretion of the hotel management or had your use of any other services terminated at the reasonable discretion of another supplier. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s), including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. If we incur any expense as a result of your behaviour, you will be obligedto reimburse us for that expense.
(e) Travel advice: For up to date travel advice, Australian citizens should visit the Australian Department of Foreign Affairs website: www.smartraveller.gov.au. New Zealand citizens should visit the New Zealand Ministry of Foreign Affairs website: www.safetravel.govt.nz
13) OUR LIABILITY
This clause does not apply where your contract is with a Third Party Supplier (a) (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday which were unforeseeable or unavoidable or 'force majeure' as defined in clause 9.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel, cruise provider or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort. Please also see clause 17 "Excursions/Activities/Suppliers Terms and Conditions". In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services that gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of your home country that would have applied had those services been provided in the that country. The exception to this is where the claim or complaint concerns the absence of a safety feature that might lead a reasonable holidaymaker to refuse to take the arrangements in question. Please note, however, our obligation is to exercise reasonable skill and care. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for certain claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is A$2,000 per person affected unless a lower limitation applies to your claim under this clause or clause 13(a)(6) below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is a refund of the cost of the holiday (excluding amendment charges) paid by or on behalf of the person(s) affected in total, a refund of any directly attributable expenses incurred by that person and a daily sum of A$100 per person unless a lower limitation applies to your claim under clause 13(a)(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, rail, sea or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is, except as otherwise expressly set out in the booking conditions, the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and the Convention concerning International Travel by Rail (COTIF) as amended for travel by rail). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail, sea or road carrier or any hotel if such a claim is not expressly permitted to be brought against the carrier or hotel by the International Convention or Regulation which applies to the travel arrangements in question. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request. NB. The Athens Convention limits the maximum amount the carrier has to pay if found liable in the event of death or personal injury. The Athens Convention also limits the maximum amount the carrier has to pay if found liable in the event of loss or damage to luggage and also makes provision for valuables. The maximum the carrier would have to pay you if found liable for any damage, delay or loss in respect of cabin luggage under The Athens Convention is currently approximately A$15,000 per guest. Once on board ship, all valuable and important items should be deposited with the purser or in the mini-safe in your cabin if available. Please remember that no cabin mini-safe is totally secure and consider whether you need to bring such items on holiday with you. Placing items in a mini-safe is not depositing them with the carrier for safe keeping for the purposes of The Athens Convention. The carrier cannot accept any responsibility or liability for any valuable or important items, which are not deposited with the purser for safekeeping. For items which are deposited with the purser for safekeeping, the maximum the carrier would have to pay you if found liable for any item(s) lost or damaged (for any reason) whilst deposited is the maximum which is payable under The Athens Convention in this situation (currently approximately A$2,000 per guest).
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any expenses or losses which relate to any business. (8)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 14 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(b) Clauses 13(b) (1) and (2) below apply only if your contract is with a Third Party Supplier. (1) As we act only as an agent for the Third Party Supplier concerned we accept no liability in relation to the arrangements provided by that Third Party Supplier or for the acts or omissions of the Third Party Supplier concerned. The terms and conditions of the Third Party Supplier will apply to your contract (copies available on request from us).
(2) However, in the event that we are found liable in respect of any Third Party Supplier arrangements on any basis whatsoever, we are entitled to rely on the limitations and exclusions of liability and defences set out in clause 13(a). We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
Air, rail, road and other departure times are supplied by the carriers. They are subject to, inter alia, air traffic control restrictions, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. Cox & Kings does not have any liability to you for any delays that may arise. Any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved. Where we have included flights in our itinerary, we are not always in a position at the time of booking to confirm flight timings. The flight timings shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - and it is your responsibility to check timings with the airline concerned. Any change in the identity of the carrier, flight timings, and/or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as a result of which we/ the carrier are unable to offer you a suitable alternative, the provisions of clause 7 will apply.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment against the airline, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment.
15) COMPLAINTS AND PROBLEMS
If you have a complaint about any of the holiday arrangements booked with or through Cox & Kings, you must tell the relevant supplier / Third party Supplier straight away. You must also tell Cox & Kings' local representative or agent on site immediately (if available) or use the Cox & Kings emergency contact telephone number with which you will be supplied before your departure. That number will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that Cox & Kings has the opportunity to put matters right on the spot. If you fail to do this, any right to compensation, which you may have, will be extinguished or reduced. Baggage is deemed to have been delivered undamaged to you unless Cox & Kings receives written notice in the case of apparent damage immediately upon arrival or re-delivery or within 15 days of the end of using the service in question for any loss or damage which is not apparent. If your contract is with a Third Party Supplier, as we act only as agent, we cannot accept any liability for the arrangements provided by that Third Party Supplier. Any assistance provided in resolving a complaint in relation to any bookings of this type is provided on a goodwill basis and in our capacity as agent.
If you have a complaint or claim which you wish to pursue, please write to us within 28 days of your return home. Your complaint or claim will be investigated and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks. In the unlikely event that we do not reach an amicable settlement, the dispute, if you so wish and subject to the Note below, may be referred to arbitration.
Note. If your contract is with a Third Party Supplier and not us it may not be possible for any dispute arising out of or in connection with the contract to be referred to arbitration under the schemes mentioned above.
17) EXCURSIONS / ACTIVITIES / SUPPLIERS TERMS and Conditions
(a) The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print. We may provide you with information (in our brochure, on our website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13(a) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
(b) Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 13(a)(6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
(c) All prices in this brochure are intended for use by bona fide international leisure travellers. Hotels and other service providers may refuse to honour our vouchers if presented by travellers who are unable to substantiate that they meet the local qualifications for international leisure travellers. Similarly conference attendees or their partners, or business travellers may not qualify to use our rates. Cox & Kings will not be liable for any loss which may result in these circumstances.
Cox & Kings Australia trades in Australia as a division of Tempo Holidays Pty Ltd. ABN 51007331213. Licence No. 31341.