Terms & CONDITIONS
Please read these booking conditions carefully, as they apply to all bookings accepted by Mat McLachlan Battlefield Tours (hereafter known as “MMBT”, “we”, “our” or “us”).
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these booking conditions. We reserve the right to decline any booking at our discretion.
You confirm your understanding and acceptance of the conditions and the contract by making a booking request and paying your deposit. If you make a booking on behalf of any other person, you represent to us that you have their authority to make the booking on their behalf and to legally bind them to the terms of the contract, including these conditions. Each reference to “you”, “your”, “guest” or “passenger” means the person who makes the booking and each other person covered by the booking. The booking conditions can only be varied by an offer of MMBT in writing.
We commence providing services to you as soon as we issue your booking confirmation. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
We act as agent for the principal operators of Value Tours. Where we act as agent, your contract will be with the principal operator. The principal operator’s booking conditions will apply to the travel arrangements and these booking conditions will have no effect other than (a) this paragraph; (b) the liability provisions as applicable; (c) the privacy provision; (d) the Value Tours documentation provision; and (d) the general terms provisions. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal operator.
Please contact your travel agent or one of our reservations team. You must ensure names used to make a booking are exactly as appear in passports. Any name/initial or spelling changes made after booking confirmation may result in supplier-imposed fees or you being unable to travel.
All rates are specified in Australian dollars and are subject to change without notice. The expression “from” with respect to price means the lowest price for the travel product we believe is available based on costs and exchange rates as at 28 June 2020.
Itineraries and prices in this brochure are accurate at the time of printing and valid until 31/12/2021. Once a passenger has paid in full, the price of the tour is guaranteed, subject to any tax changes or levies imposed by any government, their agencies or any airline or if minimum numbers are not achieved. MMBT reserves the right to make alterations to itineraries and prices for any reason prior to you booking.
All government taxes and charges imposed by suppliers beyond the control of MMBT (including ticketing fees and airline fuel surcharges) are payable by you and are subject to change. Prices are also subject to surcharge due to negative currency fluctuations prior to you making payment in full. If there are any increases in such taxes, charges, or any currency fluctuation (prior to you making payment in full), which increases the price of your booking, we reserve the right to change the price you must pay by including the additional charges or amount at any time prior to the date of your departure.
The price does not include airfares (unless otherwise stated), passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary and items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry to, detention in, or expulsion or repatriation from a country or part of a country. We are not liable for any expense, costs or loss incurred in relation to such matters and you release us from all liability, damages or responsibility in relation to them.
A non-refundable deposit of 30% of each tour, is required to secure your place on each tour within 7 days of booking, capped at a maximum of $750 per person, per tour. For tours that include domestic flights or permits, payment in full for these services is required at time of booking and is non-refundable. Some hotels may require pre-payment in peak seasons. You will be advised of this at time of booking. For bookings under the value of $500, full payment is required to secure your place. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
Final payment is due no later than 90 days prior to the departure date of your first tour unless otherwise specified. We are under no obligation to remind you when payments are due.
Visa, MasterCard, and American Express are accepted and attract a merchant fee of 1.1%
If your booking was made after 1st July 2020 and at any time 90 days or more prior to travel:
- Government travel restrictions are imposed in your place of residence which prevent travel to any land destination included in your tour itinerary; or
- travel is made impractical due to the requirement to quarantine in any land destination included in your tour itinerary or upon your return to your place of residence
then you may cancel your booking by giving us notice in writing. We will refund all payments received from you within fourteen days following your cancellation. Please note that your right to receive a full refund is subject to Government restrictions or directives being in place at the time of cancellation, and your right exists even if such restrictions or directives do not yet extend to the dates of your tour.
Please note that this provision does not apply to notices of cancellation received within 90 days prior to travel.
| Days Before Departure | % Fee Charges |
| 90 days or more | Loss of Deposit |
| 89–45 days | 50% |
| 44–0 days | 100% |
Any change or substitution of a nominated passenger’s name after the final payment has been made will be deemed a cancellation, and the applicable cancellation fee will apply. The departure date is the date indicated on the MMBT booking confirmation. If a nominated passenger does not join the tour on the departure date the cancellation fee will be 100% of the total booking cost. If a nominated passenger withdraws from the tour after commencement for reasons of illness, the passenger will not be entitled to any refund for unused services. We recommend the passenger obtains a medical certificate in support of any insurance claim which can be submitted independently via the passengers’ travel insurance provider. MMBT makes no representations or guarantees concerning reimbursement of funds paid by a nominated passenger or paid by a representative of a nominated passenger under any insurance claim.
If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test):
- an airline or other common carrier refuses you carriage;
- a hotel or vessel refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost; and
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
You acknowledge that if you are prevented from commencing or continuing your trip in these circumstances:
- We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking; and
We disclaim any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of you being prevented from commencing or continuing your trip in these circumstances.
Prior to travel
If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock out, epidemic, pandemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, decree, rule or regulation of any government authority, or for any other reason whether of a similar or dissimilar nature beyond our reasonable control (Force Majeure), we may at our election:
- postpone your travel arrangements to a future date, in which case we will issue you with a credit note equal to amounts paid at the time of postponement; or
- cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements and our contract terminates, neither of us will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
During travel
If we cancel your travel arrangements after your trip has commenced due to Force Majeure, we will provide you with a refund of recoverable third party costs only.
General
If we provide you with any alternative services or assistance where travel arrangements are cancelled because of Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
If we have to cancel your trip for reasons beyond Force Majeure, you will be offered (at your election) a full refund of all funds paid over to us, or the offer of a trip of substantially equal or better quality if appropriate.
We disclaim any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of postponement or cancellation of your travel arrangements by us whether due to Force Majeure or otherwise.
If we cancel a tour for reasons beyond Force Majeure, then we will refund you all amounts paid at the time of cancellation. MMBT will not be responsible for any other travel arrangements affected by, or any additional costs incurred as a result of our cancellation.
Every effort will be made to adhere to the published touring itinerary. Occasionally, circumstances beyond our control will force changes, amendments or modifications to the itinerary and its inclusions. To the fullest extent permitted by law, MMBT will not be responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these circumstances. If you are entitled to any compensation at law for any changes or modifications in these circumstances, then you agree that any compensation you are entitled to will be reduced by the value of any alternative services we provide to you which you accept.
Unless noted as a ‘Guaranteed Departure’, tours are based on a minimum number of passengers travelling. In the unlikely event of a reduction in the numbers of passengers travelling to below the minimum passenger numbers, MMBT reserves the right to pass on these increases in costs to passengers. This may occur with or without warning to the passengers. In the unlikely event that a tour fails to attract the minimum passenger numbers, the tour may be cancelled at the discretion of MMBT. If a tour is cancelled, monies already paid by passengers will be refunded or credited towards future travel at the election of the passenger. MMBT will not be responsible for any other travel arrangements affected by, or any additional costs incurred as a result of our cancellation.
To the extent permitted by law, no refund is available for cancellations after travel has commenced or in respect of any tours, accommodation, meals or any other services not utilised. This includes where we have excluded you from the tour as permitted under these booking conditions.
Any special meal requirements will be on a request basis only. MMBT cannot guarantee special meal requests nor will it assume any responsibility or liability if special meal requests are not able to be fulfilled.
Travel documents will be sent to you approximately 21 days prior to departure (providing full payment and all required information has been received).
Travel documents for any Value Tours will be sent to you electronically approximately 10-14 days prior to departure (providing full payment and all required information has been received).
Maps are shown for general information and do not necessarily reflect actual routings, locations or services provided. Photographs may show places in the general area visited, but not necessarily included in the tour. Many of the images on our website and brochure are supplied courtesy of hotels, tour operators and online image libraries. Pictures used may not reflect the exact room, décor, view or other specifications.
It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance is purchased at time of booking to provide full cover. You must provide us with the insurance company name, policy number and emergency contact number relating to such a policy within 14 days of final payment being made.
We rely on the information provided in your booking form and as updated as necessary. You warrant that the information you provide is accurate and there are no other medical issues that may impact your ability to participate in the tour without the need for special assistance. We reserve the right to exclude you from a tour if we acting reasonably are of the opinion that you require special assistance for a condition not previously fully disclosed.
If your circumstances change following completion of your booking form, then you must notify us as soon as reasonably possible, and in any circumstance prior to travel. We reserve the right to cancel your booking if your changed circumstances mean you will require special assistance from our personnel during the tour. We suggest that your travel insurance (which you are obliged to have in place under these Booking Conditions) includes comprehensive cancellation coverage.
We will not be liable for any damage, injury, death or loss of any kind arising from your failure to disclose relevant medical information.
MMBT does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the passenger’s expense. MMBT is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services received.
All passengers are required to familiarise themselves with any health requirements specific to countries being visited. If in doubt, please consult a medical practitioner.
We may exclude you from the tour at our discretion if you fail to comply with our (or any of our supplier’s) reasonable instructions, or if we (or our supplier) acting reasonably consider that you are interfering with the other travellers’ enjoyment of the tour or if your continued presence may endanger the health or safety of other passengers, or if you require special assistance due to an existing medical condition or disability not previously fully disclosed to us. If we exclude you from the tour, then you will not be entitled to any refund for any remaining portion of the tour and you will be responsible for all costs associated with your onward travel.
On all tours passengers are limited to one standard size suitcase and one piece of hand luggage per person. Porterage is not included for any tours. All baggage and personal effects are at all times and in all circumstances the responsibility of the passenger. Baggage insurance is recommended. Please check with your airline for applicable baggage allowances.
Single Supplements represent a fee passed on to us by hotels and/or operators for sole use of a room and/or any other services included in the tour.
We are unable to carry children under the age of 8 years on any group tours. Children under 18 years of age must be accompanied by an adult and share their accommodation with an adult.
You must provide a telephone number and email address where you can be reached, if necessary, within 24 hours prior to your departure from Australia or New Zealand and whilst travelling.
Air travel is subject to the conditions and limitations set out in the airline’s conditions of carriage. Airfares are subject to change at any time.
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, transport companies and common carriers.
We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
Where we sell you travel arrangements as agent for the principal operator of the travel arrangements, you agree that our responsibility to you is limited to arranging for you to contract with the principal operator for the supply of those travel arrangements. You agree that you will be subject to the principal operator’s booking conditions, and that any claim in connection with the supply (or failure to supply) of the travel arrangements must be made directly against the principal operator. MMBT will in no way be responsible for the actions or failures of the principal operator or any person engaged by the principal operator. You warrant that you will not bring a claim against MMBT in this regard. You agree to indemnify MMBT against any loss or expense incurred by us due to any claim being brought against MMBT in breach of this warranty.
You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
Official travel advice issued by the Australian Department of Foreign Affairs and Trade is available by calling (in Australia) 1300 555 135 or visiting their website www.dfat.gov.au. We recommend that you review this information both prior to making your booking and prior to departure. We strongly recommend that you also register your upcoming travel plans via the www.smarttraveller.gov.au site
Should you have a complaint while on tour, you should inform your tour guide or historian immediately. If the matter cannot be resolved after the tour guide’s best endeavours to do so during the tour, your complaint can be submitted in writing to MMBT within 30 days of your holiday concluding. MMBT cannot be held responsible for issues that were not brought to our attention during the course of a tour.
When on tour, we may from time to time take photographs or make recordings of you and tour activities that may identify you. We reserve the right to use any photographs and/or recordings for promotional reasons. In using such images, you consent to the use of such images or recordings by us and you acknowledge that you will not be entitled to payment or other compensation for the giving this consent.
General Provisions
You consent to our, our agents and related entities collecting, retaining, using and disclosing your personal information in accordance with our Privacy Policy. Our Privacy Policy (published here: https://battlefields.com.au/privacy/) sets out how we manage your personal information and is available on our website or can be sent to you on request. Your booking of any travel product constitutes your representation to us that you have read our Privacy Policy and accept its application to you.
This agreement shall be governed and interpreted in accordance with the laws of New South Wales, Australia. We and you submit to the exclusive jurisdiction of the Courts of New South Wales and the Courts of appeal therefrom.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.
MMBT is a division of Travel & Living Pty Ltd.
ABN 51 105498066. ATAS Accreditation A11301.
Please don’t hesitate to contact us if you can’t find an answer to what you are looking for.
