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Boat in the Sea

Terms and Conditions


1. Terms and Conditions

These Terms and Conditions apply to the traveller making the booking and all other persons on whose behalf the booking is made. Please read these Terms and Conditions carefully. They apply to all bookings made through Angling Adventures Pty Ltd who are acting as agents on behalf of all of the travel partners (including fishing lodges, airlines, tour and cruise operators, car hires, and accommodation providers) in the traveller’s booking.

The traveller will contract with the suppliers, whose terms and conditions apply to their booking. Copies of those terms and conditions are available upon request. These booking conditions govern your relationship with Angling Adventures Pty Ltd.

Angling Adventures means Angling Adventures Pty Ltd (ACN 652 506 879) T/as Angling Adventures.

Traveller means an individual or company and its officers who engage the services of Angling Adventures.

Services include making travel bookings with Travel Partners on behalf of the Traveller and engaging relevant contracts between the Traveller and the Travel Partner.

Terms and Conditions means the terms and conditions contained in this document.

Travel Partner includes but is not limited to any airline, hotel chain, motel chain, hostel, cabin, cruise line, tour operator, vehicle rental company or similar that Angling Adventures will book on behalf of the of the Traveller.

Unavoidable and Extraordinary Circumstances means any cause outside Angling Adventures’ and Travel Partner’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the Travel Partner (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws resulting from BREXIT, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures, and similar events). New or changed quarantine requirements (If these remain in effect 60 days before commencement of your travel arrangements booked with us; and the new or changed quarantine requirements make it reasonably impractical for the Traveller to travel; then the trip has to be cancelled at least 45 days prior to commencement of travel).

Website means the website located at https://www.anglingadventures.com.au/

2. Agency

  1. (a)  Angling Adventures acts as a travel agent only and sells various travel related products on behalf of numerous Travel Partners.

  2. (b)  All bookings are made subject to the terms and conditions and limitations of liability imposed by the relevant Travel Partner. The Traveller’s legal recourse is against the specific Travel Partner and not Angling Adventures (save for so far as it relates to these terms and conditions and the Traveller’s engagement of Angling Adventures). If for any reason, any Travel Partner is unable to provide the services for which the Traveller has contracted, the Traveller’s remedy lies against the Travel Partner only and the Traveller hereby releases Angling Adventures from any liability in relation thereto.

3. Financial Arrangements

Angling Adventures receives remuneration through commissions, financial incentives and other means (together, "financial arrangements") from Travel Partners and travel-related products and services on the Traveller’s behalf with Travel Partners. Angling Adventures is not required by law to disclose the nature or value of these financial arrangements.

4. Price Subject to Change

  1. (a)  All of Angling Adventures’ prices are subject to availability and can be withdrawn or varied without notice to the Traveller. Subject to any changes per this clause as outlined below, the price is locked in once the Traveller has paid for the booking in full.

  2. (b)  Notwithstanding clause 4(a) above, Prices may change due to circumstances outside of Angling Adventures’ control. Prices quoted are subject to change which may occur by reason of matters outside Angling Adventures’ control which increase the cost of the product or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases.

  3. (c)  Angling Adventures warrants that every effort is made to ensure that the prices quoted to the Traveller are correct; however Angling Adventures acts only as an agent and relies on information provided from the Travel Partners of the travel services and products. Angling Adventures will take reasonable steps to bring to the attention of the Traveller any change in price made prior to the Traveller completing its booking and paying the balance of the price.

  4. (d)  Travel Partners reserve the right to increase the price of the Traveller’s travel arrangements due to increases in airfares, hotel accommodation charges and currency fluctuations and Angling Adventures will not be held liable for such increase in price.

5. Deposit and Final Payment

  1. (a)  The Traveller shall advise Angling Adventures of their availability so that Angling Adventures can confirm availability with the Travel Partners. Angling Adventures shall then send to the Traveller a draft itinerary which shall include pricing for the trip.

  2. (b)  Once the Traveller receives their draft itinerary from Angling Adventures which includes the pricing of the trip, a non refundable deposit in the amount of 30% of the total booking cost is required within seven (7) days of the Traveller making the booking in order to secure the booking. The booking and dates shall remain available to other travellers until the deposit is paid.

  3. (c)  This deposit represents a fee payable to Angling Adventures for the services associated with processing and confirmation of the Travellers’ booking and any consultations on travel arrangements that may be provided.

  4. (d)  In all circumstances the deposit is non-refundable except where Angling Adventures is required to cancel the Travellers’ travel arrangements for reasons other than Unavoidable or Extraordinary Circumstances.

  5. (e)  Final payment of the total booking cost is due in full on the earlier of:

    1. i)  90 days before commencement of the trip; or

    2. ii)  on the date stated on Angling Adventures’ invoice.

  6. (f)  Payments using a credit card will attract a card merchant fee. The Traveller should make themselves aware of any payment surcharges depending on payment method prior to making any payment.

  7. (g)  Following final payment, Angling Adventures shall provide the Traveller with their final itinerary, black book and tackle recommendations.

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6. Changes to Booking

  1. (a)  Angling Adventures will take all reasonable steps to assist the Traveller in making a change to its booking.

  2. (b)  The ability to make changes to any booking is outside Angling Adventures’ control and is dictated by the Travel Partner’s change/cancellation policies which the Traveller should familiarise themselves with prior to making any booking.

  3. (c)  In cases where a Travel Partner is able and willing to amend the Traveller’s booking, Angling Adventures will pass on any fees charged by the Travel Partner (if any) onto the Traveller and the Traveller agrees to promptly pay any such fees.

  4. (d)  Angling Adventures recommends that the Traveller contact the Travel Partner to confirm their scheduled departure time 24 hours prior to the Traveller’s departure.

7. Cancellation

  1. (a)  If a Traveller cancels their booking more than 90 days before the date of departure, any money already paid by the Traveller will be refunded in full except for the 30% non-refundable deposit referred to in these Terms and Conditions (subject to the Travel Partner’s policy).

  2. (b)  No refund will be available where bookings are cancelled less than 90 days prior to departure, or where for some reason, services included in the Traveller’s travels are not used.

  3. (c)  Where the Traveller’s travel arrangements are cancelled due to Unavoidable or Extraordinary Circumstances, Angling Adventures will refund any payments made to Angling Adventures by the Traveller less any third party costs & expenses and a fair compensation for work undertaken by Angling Adventures. In this case the Traveller may be able to make a claim on the Traveller’s personal travel Insurance.

  4. (d)  Changed or cancelled bookings for any reason (including by reason of matters outside the Traveller’s or Angling Adventures’ control) may incur fees imposed by the Travel Partner, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Angling Adventures will not provide a refund to the Traveller until Angling Adventures receives the funds from that the relevant Travel Partner (which may take 12 weeks, or longer, dependent upon the Travel Partner’s processing time).

  5. (e)  In all cases, if a Traveller cancels their booking, Angling Adventures will take reasonable steps to try and find an alternate Traveller in order to transfer the booking. Should an alternate Traveller pay an initial deposit and confirm the booking, then Angling Adventures shall refund the Traveller all monies paid less any third party costs and expenses and fair compensation for work undertaken by Angling Adventures. If Angling Adventures does not find an alternate Traveller to take the booking, then Angling Adventures will be under no obligation to refund any monies to the Traveller and Items 6(a) –(d) shall apply.

8. Travel Partner Insolvency

In the event of a Travel Partner being unable to provide the Traveller with the product or service they have booked due to that Travel Partner becoming insolvent or being placed under external administration, subject to the Traveller’s refund and remedy rights under the Australian Consumer Law, Angling Adventures have no obligation to reimburse the Traveller for the cost of their booking, or for any loss or damage they may otherwise suffer as a result of any such insolvency or external administration. The Traveller is encouraged to obtain insurance in this regard.

9. Travel Advice

  1. (a)  Travellers (including all Australian citizens and permanent residents) should request their International COVID-19 Vaccination Certificate using the Express Plus Medicare app or Medicare online account through myGov. It is recommended that all Travellers keep a hard copy or can easily access an electronic copy of their International COVID-19 Vaccination Certificate to present as evidence of their vaccination status during their travels. Airlines regularly require this information for the purposes of booking flights and checking in for flights. Travellers are urged to keep this document as well as their passport in their personal carry-on luggage whilst travelling.

  2. (b)  Angling Adventures strongly recommends that Travellers familiarise themselves with the current status and updates to Australia’s immigration and border arrangements during the COVID-19 outbreak, available at https://covid19.homeaffairs.gov.au/.

  3. (c)  Travellers should familiarise themselves with airline requirements around passenger safety, including the requirement for face masks and the need to produce evidence meeting airline and border control requirements in relation to a negative COVID-19 test both for transit and final destination passengers. This information is subject to change without notice so Angling Adventures recommends Travellers update themselves in relation to the relevant airline and government policies for their transit and final destination at each of (i) the time of booking, (ii) as they approach your travel date, and (iii) immediately before travel.

10. Health

(a) The Traveller must ensure that it is aware of any health requirements and recommended precautions relevant to its travel booking and ensure that it carries out all necessary vaccination documentation. In some cases, failure to present required vaccination documentation may deny the Traveller entry into a country. Angling Adventures recommends that the Traveller consult with its local doctor, travel medical service or specialist vaccination clinic before commencing its travel. General health advice for the destination they wish to visit is also available from DFAT (see www.smartraveller.gov.au).

(b) Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the Travel Partner in their sole and absolute discretion, and will often depend on a number of factors, including (without limitation) any modes of transport and local standards at the destination. While Angling Adventures will include all medical requests as a file note to the travel service provider, Angling Adventures cannot guarantee that Travellers’ request will be accommodated. It is the Travellers’ responsibility to follow up with the Travel Partner directly either at the destination or prior to travelling where possible.

(c) The Traveller shall disclose to the Travel Partner and Angling Adventures any health issues that the Traveller may have that may affect their trip so the itinerary can be prepared accordingly.

(d) The Traveller acknowledges that they are choosing to travel at a time where they may be exposed to the Coronavirus. It is their own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. Travellers acknowledge that their decision to travel is made based on their own consideration of this information, and they acknowledge and agree that they are aware of, and assume responsibility for, the risks associated with traveling at this time. To the fullest extent permitted by law, Angling Adventures accept no liability in relation to these additional risks.

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11. Airline

  1. (a)  Most airfares are subject to very strict conditions regarding amendments, cancellations and refunds. It is the Traveller’s responsibility, with Angling Adventures’ assistance if required, to ensure the type of airfare purchased is suitable for the Traveller’s needs.

  2. (b)  All airfares are subject to taxes and charges levied by both government and the airlines themselves; in addition, global fuel costs are constantly increasing.

  3. (c)  Airlines pass on the increase in taxes and fuel surcharges without notice and whilst Angling Adventures will endeavour to advise Travellers of these charges in advance that may not always prove possible.

  4. (d)  Angling Adventures reserves the right to pass on fuel and tax increases, levied by airlines, without notice. Airline E-tickets International and domestic airlines have replaced paper tickets with electronic tickets called e tickets. All passengers travelling on an e ticket will be required to produce photo identification passports at check-in.

  5. (e)  The airline on which the Traveller has booked may change its departure time. It is the Traveller’s responsibility to contact the airline to check there has been no change to the time of departure.

  6. (f)  Travellers should refer to the airline’s baggage policy prior to departure.

  7. (g)  This trip can be affected due to final passenger numbers and unforeseen circumstances, which is beyond the control of operators. Angling Adventures also reserves the right to alter the route or itinerary of any of its tours and activities due to other unpredictable circumstances including time schedule and mechanical or vehicle faults and failures. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure. Additionally, fishing lodges and other third-party services and businesses may alter their policies so that certain activities are no longer available. If Angling Adventures is unable to utilise a product, service or activity detailed, a suitable alternative will be offered where possible.

  1. Travel Insurance

    1. (a)  Angling Adventures requires that the Traveller take out comprehensive travel insurance at the time of paying a deposit. The Traveller acknowledges and understands its obligation to take out comprehensive travel insurance.

    2. (b)  The policy should provide cover for loss of deposit, cancellation and additional expenses, medical expenses and repatriation, loss or damage to baggage and valuables, trip interruption, emergency medical evacuation or any travel delays.

    3. (c)  The Traveller is responsible for making any special or increased insurance arrangements they may deem are necessary.

    4. (d)  It is the responsibility of the Traveller to understand the coverage provided by their insurance policy and to contact their insurance provider directly in case of any claims or emergencies.

    5. (e)  Angling Adventures shall not be liable for any loss or damage resulting from the Traveller’s failure to obtain adequate insurances.

  2. Travel Documents

(a) Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a Travel Partner.

(b) Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non- refundable, non-date-changeable and subject to cancellation and/or amendment fees.

(c) All travel documents are non-transferable. All airline tickets must be issued in the name of photo identity holder, some carriers will deny travel if the name varies and the booking may be cancelled.

(d) The final responsibility for ensuring documentation is correct and collecting travel documents from Angling Adventures is that of the Traveller.

(e) It is the Traveller’s responsibility to ensure that all other travel documents, such as passports, visas, health certificates, and travel insurance, are valid and up-to-date. Angling Adventures will assist Travellers in obtaining travel documents where possible, but Angling Adventures are not responsible for any losses incurred due to the failure to obtain them.

14. Touring

  1. (a)  The Traveller understands that if they attempt or undergo any physical activity or actions whilst injured, intoxicated, not capable or not confident, they are aware they could be inflicting risk of possible injury, death, loss or damage to themselves, others or property owned by others. Angling Adventures is not responsible for any accidental or purposeful injury, death, loss or damage that may occur.

  2. (b)  The Traveller consents to receiving any medical treatment, including ambulance transportation, medical evacuation that Angling Adventures think desirable during or after the Angling Adventures trip. Angling Adventures will not be liable for any costs for any medical treatment and or evacuation.

  3. (c)  The Traveller understands that compulsory insurance cover effected for participants in any Angling Adventures trip may not cover them for any or all injury, loss or damage sustained by them.

  4. (d)  The Traveller understands that they are fully responsible for the security of their personal possessions during the trip. Angling Adventures will not be responsible for any loss or damage to possessions during the trip.

  5. (e)  The Traveller understands that if they need or choose to return home during an Angling Adventures trip due to sickness, injury or any other circumstance, they will not receive a refund. Angling Adventures is also not liable to cover any costs incurred for the Traveller to return home.

  6. (f)  The Traveller acknowledges that all Angling Adventures trips involve possible risk, injury, loss or damage from various causes including physical activity, accidents with other road users or persons, weather conditions, wildlife and other causes which may occur. Angling Adventures will do its best to minimise and point out risks but cannot take responsibility for the Traveller’s actions.

  7. (g)  All Travellers have a choice to participate in activities and should not participate if not capable. If Travellers are concerned about their suitability to a trip, they should contact Angling Adventures who can provide more information regarding the physical demands of that particular trip and activities. Angling Adventures accepts no responsibility for Travellers being unable to participate in parts of the tour due to physical reasons.

  8. (h)  Angling Adventures is not liable for Traveller’s failure to connect with other services or any associated costs resulting from such travel delays. Angling Adventures accepts no responsibility for loss or damage to personal belongings or baggage. Travellers are fully responsible for the security of their personal possessions during the trip. Travellers are responsible for their own medical or physical conditions and have full responsibility for avoiding any risk to themselves. Travellers must conduct themselves in a respectful manner

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whilst on tour. Angling Adventures reserves the right to cancel a Traveller’s trip during a trip if deemed necessary and no refund will be given.

  1. (i)  The Traveller agrees and acknowledges that the nature of Angling Adventure’s trips require considerable flexibility and the Traveller allows for alternatives necessary. The itinerary provided for each trip is a representative of the types of activities contemplated, but it is understood that the schedules, itineraries, format, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances, time schedule or events.

  2. (j)  Trips can be affected due to final passenger numbers and unforeseen circumstances, which is beyond the control of Angling Adventures. Angling Adventures also reserves the right to alter the route or itinerary of any of its trips and activities due to other unpredictable circumstances including time schedule and mechanical or vehicle faults and failures. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure. Additionally, fishing lodges and other third-party services and businesses may alter their policies so that certain activities are no longer available. If the Traveller is unable to utilise a product, service or activity detailed, a suitable alternative will be offered where possible.

  1. Limitation of liability

    1. (a)  Angling Adventures shall not be liable for any accident, illness, injury, loss, damage, or death caused to the Traveller during or after the travel or arising from the use of Angling Adventures services or the products and services provided by the Travel Partner, whether within Australia or abroad. Angling adventures is only engaged for the purposes of facilitating the adventures and creating the relevant itinerary and/or liaising with the relevant Travel Partner. Whilst on a trip, the Traveller shall ensure that it takes all necessary precautions and that it has obtained any relevant insurances.

    2. (b)  Angling Adventures also shall not be liable for any errors, omissions or inaccuracies in any travel documents or travel- related services provided by its Travel Partners.

    3. (c)  In the event of any such liability arising, Angling Adventures’ liability shall be limited to the amount paid by the Traveller for the travel arrangements booked through the Angling Adventures. The Traveller shall indemnify and hold Angling Adventures harmless from any claim or demand arising out of such injury, loss, damage, or death caused to the Traveller during or after the travel.

    4. (d)  Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, Angling Adventures’ liability for breach of the warranty will at their option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.

    5. (e)  Nothing in these terms and conditions shall be read as excluding, restricting or modifying rights under the Trade Practices Act and other legislation given to consumers in relation to the supply of goods and services.

  2. Privacy policy

    In using the Website, users are deemed to accept Angling Adventures’ Privacy Policy which appears on the Website.

  3. Data Protection

    In order to process the Traveller’s booking Angling Adventures needs to pass on the Traveller’s details to the relevant Travel Partners. Angling Adventures will take all reasonable precautions to ensure the security of that information.

18. Media Images

The Traveller consents to Angling Adventures using any images taken of them during the tour for advertising and promotional purposes in any medium Angling Adventures chooses. If the Traveller does not consent to the use of their image or likeness, they must advise Angling Adventures prior to travel,

19. Copyright in Content

  1. (a)  Unless otherwise indicated, the Angling Adventures reserves all copyright in the content and design of its Website.

  2. (b)  Other than for the purposes of and subject to the conditions under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Angling Adventures.

20. Miscellaneous provisions 20.1 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

20.2 Applicable Law

These Terms and Conditions are governed by the laws applicable in New South Wales and the Commonwealth of Australia.

20.3 Jurisdiction

Angling Adventures and the Traveller irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia in the event of a dispute over these Terms and Conditions.

20.4 Changes to Terms and Conditions

  1. (a)  Angling Adventures reserves the right to modify any of these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be posted on the website and shall be effective from the time of posting.

  2. (b)  The applicable terms that apply are those in effect at the time a Traveller makes a booking with us.

  3. (c)  By continuing to use Angling Adventures’ services, the Traveller agrees to be bound by any changes to these terms and conditions.

20.5 Moral rights

The Traveller consents to any act or omission which would otherwise constitute an infringement of its moral rights.

20.6 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between Angling Adventures and the Traveller. Any contact with Angling Adventures that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions.

 

20.7 Acknowledgement and Wavier

The Traveller acknowledges that they are 18 years of age or older and understand and agree with the above Terms and Conditions. If and when requested by Angling Adventures, the Traveller agrees to sign a waiver form.

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