Booking Conditions

These conditions are those under which New Horizons Holidays Pty Ltd contract to provide services and, as such, are most important. We urge you to read these conditions prior to making your reservation.

Brochure Validity: 12 months commencing 01 April2007 to 31 March 2008.

Booking Arrangements: Your booking and your other arrangements are to be made by your travel agent and the person effecting the booking shall be deemed to have accepted the booking conditions. Your travel agent will provide to you details of the cost of your holiday. Reservations are subject to availability, to the terms conditions and requirements of carriers, hoteliers and other service providers, to the conditions or requirements of countries and governmental authorities of countries you wish to visit and for reasons beyond our control or for other reasons such terms, conditions or requirements may require an alteration, postponement or the cancellation of your holiday or part of it. New Horizons Holidays Pty. Limited (herein after referred to as the “Company”) reserves the right to alter, postpone or cancel your holiday or any part of it for any such reasons or because of your health, condition or circumstances. In this, we will endeavour to treat you in the same way as other people in the same or materially similar condition or circumstances. The Company reserves the right to refuse to provide services for reasons beyond its exclusive control or if the provision of services would impose unjustifiable hardship on a service provider. In the event the Company alters, postpones or cancels your holiday it will give you or cause to give you notice of any change of itinerary and change in price if applicable. In the event that a change in your itinerary occurs, the Company may refund monies paid by you less any charges levied by suppliers. You should check with your travel agent whether any such changes have occurred in the holiday before you complete the booking. The Company will issue and arrange delivery of travel documents to your travel agent. You will need to liaise with your travel agent regarding your collection of these travel documents. Your payment may be subject to additional service fees if you pay by credit card. You should check with your travel agent for further details.

Change in Prices and Itineraries: The Company computer based process will be quoted as the current price to your travel agent. Any verbal quote given is an estimate only of price which will be subject to written advice or confirmation of the reservation. Prices are based on costs, charges, tariffs, rates, prices, taxes and levies, exchange rates, airport charges, hotel rates and other service providers’ tariffs. In the event that costs of your holiday change because of fluctuations in exchange rates and/or increases in cost elements such as airfares, fuel, airport charges/taxes, hotelier rates and/or other service providers’ tariffs, the Company reserves the right to adjust the price charged/quoted at any time up to and including the day of departure of your holiday, even though the balance payment may have been made, to reflect the additional costs we pay for the transportation, accommodation and services generally. It is essential when travelling on a tour that you travel on the flights specified. Failure to do so may result in missed transfers and substantial additional charges. Vouchers for ground arrangements are only valid for the services and dates specified and are not transferable. No allowances or refunds will be given on any unused vouchers, unless specifically approved in advance by the company.

What is Not Included in The Cost of Your Holiday: Domestic airfares, airport taxes, transfers, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips, items of a personal nature, excess baggage, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the company responsible for any such things.

Travel Insurance: You should arrange your own travel insurance. We strongly recommend travel insurance against loss of deposits through cancellation charges, baggage loss and medical expenses. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the company responsible for any decision made by insurers, and/or by any service providers, or requirements of any overseas country or governmental authority or overseas laws and policies.

Passport, Visa and Vaccinations: You are responsible for all visas, entry, health and other requirements and any documentation required by laws, regulations, order and/or requirements of countries visited. As such passengers should familiarise themselves with any health, visa or passport requirements by checking with the embassies or consulates or other authorities of the countries you intend to travel to for requirements that are applicable. These requirements are not the responsibility of the Company and/or its servants and agents and as such the Company and/or its servants and agents will not be liable for any loss or additional costs that may be sustained by you or associates for failing to comply with laws, regulations, orders and/or requirements of countries visited.

Travel Advice: Travellers are advised to consult the government travel advice and travel bulletins for countries and regions to which they may be travelling. These can be found on the internet at <http://www.dfat.gov. au>, by fax (02) 62611299 (within Australia only) or by calling 1300 555 135 or 61 2 62613305 (if calling from overseas).

Baggage: The free baggage allowance extended to you will be based on current airline conditions.

Deposit and Final Payment: A non-refundable deposit of $165 per person (includes GST) must be received by the Company within 7 days of confirmation of a booking/receipt of notice. Some holiday products will require additional non-refundable deposits as levied by the supplier. Bookings that have no deposit on them are subject to cancellation without notice. The balance of monies due to the Company are to be paid no later than 45 days prior to departure. Inside 45 days full payment is due on confirmation. If for any reason your balance of payment is not received by the due date, the Company reserves the right to treat the booking as cancelled and to apply the appropriate cancellation charges. See “Cancellation” fees for details of charges.

Cancellation: Should you or any member of your party be forced to cancel your holiday, you must advise your travel agent in writing. The person who made the original booking should sign this letter. The cancellation is not effective until your agent receives the letter.

Refunds and Cancellation Fees: More than 45 days prior to departure, $165 per person plus any non refundable deposit as levied by suppliers and your travel agent. Less than 45 days prior to departure, $165 per person plus all fees levied by suppliers and your travel agent up to 100% of the holiday cost, (including all airfare cancellation penalties). Note: During high seasons, the cancellation fees charged by hotels and tour operators are up to 100% of the total stay. For this reason we strongly recommend that your travel insurance policy includes cover for cancellation charges, in the event of cancellation, due to illness and other circumstances. After travel has commenced, unused services cannot be refunded or exchanged.

Service Charges: A service fee of $30 per booking will be levied for booking requests actioned inside 7 days of departure. Courier fees may be charged in addition, if required.

Amendments to Your Booking: Any amendment to a confirmed booking will incur a minimum service fee of $50 per booking in addition to any fees as levied by suppliers. An amendment is any change to an existing booking. An amendment to a booking is not a transfer to another holiday or a reduction in the number of persons travelling, whereby cancellation fees may apply. Note: Any amendment made to a booking after documents have been issued may incur airline cancellation or reissue charges in addition to any fees as levied by suppliers. Amendments may be refused unless the booking has been paid.

Rooming: Prices quoted are based on twin occupancy of a hotel room. Single rooms by choice or circumstance will require payment of a single supplement. Particular requests i.e. double bed, must be requested at the time of booking and are not guaranteed.

Existing Bedding: Occupancy of a room is based on existing bedding. Additional bedding, which can include a rollaway bed, to accommodate maximum occupancy may be at an additional cost.

Holiday Variations: If unforeseen circumstances beyond our control require us to make necessary changes to your holiday, we reserve the right to cancel or reschedule departures and itineraries. Where it is necessary to change a hotel the Company reserves the right to substitute accommodation of at least a similar standard. If for reasons beyond our control a hotelier over books the hotel accommodation you have selected, we reserve the right to rearrange your accommodation to a similar standard hotel and shall provide to you details of any variation in price so far as we are able to. You should check with your travel agent whether any changes have occurred prior to your holiday departure. Sometimes changes to your hotel arrangements can occur after you have already departed for your holiday. We can not be held responsible if this should occur. We will however, use our reasonable endeavours to provide to you notice of any change.

Limitations of Liability: The Company arranges holidays overseas. Depending on the holiday, these are serviced by tour operators and other service providers. The Company provides the services of selling holidays to you and others, and ancillary services such as bookings, arrangements and ticketing. It does not provide carriage, transport, accommodation or meal services you may receive on your holiday. These services are provided by air carriers, land carriers, cruise operators, hoteliers and other service providers.

Responsibility: The Company shall be responsible only for the services it provides, except where such services cannot be supplied or the itinerary used is changed due to delays or other circumstances of whatever kind or nature beyond our control. In such circumstances we will do our best to supply comparable services, accommodations and itineraries and there shall be no refund in this connection. In the absence of our own negligence, neither us nor our agents or co-operating organisations shall be responsible for any cancellations or for acts of any service providers concerned or diversions or substitution of equipment or any act, variations, postponements, omission or default whatsoever by air carriers, land carriers, cruise operators, hoteliers or hotels, transportation companies or any other persons providing any of the services and accommodation to you including any results thereof, such as changes in services, accommodation or facilities necessitated by same. Nor shall we or they be liable for any loss or damage to baggage or property or for personal injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person or its direct employee or under its exclusive control, including any act, error, omission, default or negligence of any country, government or governmental authority, officer or employee. We are not responsible and do not accept liability of whatever nature to you for acts, omissions and or defaults caused by the operation of computer hardware and software owned, controlled, licensed, maintained, hired, leased and or used by governments, any governmental authorities, officers, their servants and agents or other service providers over which we have no control and which hardware and software may be utilised to arrange and or facilitate your holiday and the services to be provided to you during same. The Company nor its agents or co-operating organisations are responsible for any criminal conduct by any third party. Where a passenger occupies a motor coach seat fitted with a safety belt, neither the Company nor its agents or co-operating organisations or service providers concerned will be liable for any personal injury, illness or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such accident or incident on your holiday. Transportation Companies, Airlines etc. are not to be held responsible for any act, omission or event during the time passengers are not on board planes, transportations or conveyances. The passenger contracts in use by the Airlines or transportation companies when used shall constitute the sole contract between the airline, transportation company and passenger or purchaser of this holiday and the Company nor its agents or co-operating organisations assume responsibility in this connection. Enrolment in and payment for a holiday shall constitute agreement and acceptance by the passenger of the terms and conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company. The Company is only responsible for the services it provides. It does not accept responsibility or liability for any of the acts, omissions or defaults whether negligent or otherwise of other service providers. Neither the Company, its servants or agents or co-operating organisations or other providers of transport, facilities, goods or services in connection with your holiday accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults, whether negligent or otherwise or of acts of any government or authorities, officers, or any governmental servants, employees or agents, or airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators and any other transport providers, hoteliers or other accommodation providers, providers of any facilities, tour directors, tour guides, travel agents or any other providers of transport, facilities, meals, other goods or other services to you on your holiday or in relation to it and over whom the Company or their co-operating organisations have no direct control. The Company its servants or agents or co-operating organisations or other providers of transport, facilities, meals, other goods or other services to you on your holiday or in relation to it do not accept any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any personal injury, injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and or omissions, or other events which are beyond our control and or our servants or agents’ control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery. All bookings made with any provider of any transport, facilities, meals, other goods or of any service are subject to terms and conditions imposed by other service providers in relation to matters not covered particularly and expressly by our agreement with them and to the applicable laws and to conditions, requirements or policies of any government or any governmental authorities, officials, servants or agents, including visa, entry, exit, transit or any other requirements whatsoever. Neither the Company nor its servants, agents or co-operating organisations accept any liability or responsibility for any terms, conditions or requirements of any other person in respect of the provision to you of any thing outside the scope of your contract. If you decide that you do not want to visit a country or part of a country you intend to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damages incurred as a consequence and any cancellation or amendment fees. Neither the Company nor any of its servants or agents, accept any responsibility or liability for your acts, omissions, defaults, conduct, state of health, condition or circumstances. It is your responsibility to comply with the terms, conditions and requirements of any service provider, or any country or governmental authorities, or to bear any costs or losses incurred as a consequence of you not complying with the same. The standard of service on your holiday is based on various factors and neither the Company nor it’s servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided. (All matters arising in relation to the services provided by the Company but not in respect of other things, are subject to the law of Western Australia). Every effort is made to ensure brochure accuracy at the time of going to press. The Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances. To the extent that any one or more of the provisions herein contained is prohibited by any applicable law, including the Trade Practices Act 1974, such provisions and each of them shall to such extent be ineffective without invalidating or modifying the remaining provisions hereof which shall continue in full force and effect as if the provisions so prohibited had not been included herein.

Standard of Service: The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represents or guarantee the standard or fitness for purpose of the accommodation or services provided.

Consumer Claim: Should be lodged in writing to your travel agent within 30 days of return to Australia with supporting documentation. The airlines do not by virtue of their endorsement of the brochure represent themselves either as contracting with any purchaser of a holiday from the Company or as having any other legal relationship with such purchaser. All products in the brochure can only be sold in conjunction with air tickets sold in Australia.

Disclaimer: All information in the brochure was accurate at the time of printing however changes may occur without notice, particularly to tour costs and services. The Company cannot and does not warrant the accuracy of information after this brochure has been published as changes may have occurred by the time you read the brochure. You must check whether any changes have been made to the holiday of your choice together with costs when you book and when you pay for that holiday. Hotel information is as given by the respective hotels and is also subject to change without notice. The Company holds no responsibility for changes or incorrect information which is provided by the hotel. Photographs are a representation only and facilities pictured may have changed or may not be the room type provided or quoted on. Maps featured are for general information only and may not be exactly to scale.

Privacy: New Horizons Holidays collects information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, facilitate your participation in various loyalty programs, conduct marketing activities and market research. To read the New Horizons Holidays ‘Privacy Statement’ please visit www.newhorizons.com.au and follow the privacy statement link.

Prices Quoted in Brochure: Prices shown in this brochure are in Australian dollars, based on per person twin share. Prices are based on low season travel (other seasons available on request) and are subject to change without notice due to currency fluctuations and specials added throughout the year. Land only fees will apply when purchasing accommodation or tours without airfares. Please check with your travel agent for the current price of any holiday in this brochure. Please read all booking conditions for further details.