Exoticca Travel Australia PTY. References to "We", "us" and "our" in these terms and conditions means Exoticca Travel Australia PTY  References to "you" and "your" in these booking conditions means all persons on the booking (including anyone added or substituted at a later date).

Exoticca Travel Australia PTY Ltd Unit 4/28 Down Street VIC 3066 Collingwood, Melbourne Exoticca Travel Australia PTY Ltd, Inc. is a subsidiary of Pangealand, S.L., the parent company, registered in the Commercial Register of Barcelona in volume 43.807, page 149, sheet B-438.854, with CIF B-66.052.887, and whose registered office is located at Calle Aribau 195 Pl 2, 5th Floor, 08021 Barcelona. Phone number :+61 288 235 094. 

These booking conditions along with any other written information we brought to your attention before we confirmed your booking and the terms of our suppliers, form the basis of your contract with us for the travel arrangements detailed on www.exoticca.com/au and making up your booking (‘your arrangements’). Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree on behalf of yourself and those you represent to be bound by all of them. If you are booking for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable. Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses.

You must be of legal age at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.

Special Note: We endeavor to ensure the accuracy of all the information and prices on our website and in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.

In these terms, a ‘package’ means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. 

1. Validity

The Terms and Conditions of Use detailed below apply for reservations made from 16 September 2024.

2. Our agreement

 

An online booking process must be followed in order to book your holiday. In some cases, where you contact our Customer Service team, we will complete this process on your behalf. By submitting (or agreeing that we may submit on your behalf) the booking via our website, you accept these terms on behalf of all persons named on the booking. A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation. Please check all your booking details, including your personal information, before submitting your booking for confirmation. If you are booking through our Customer Service team, please ensure that you provide all the correct information, and check the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should review the information before finishing your purchase and in case you need a later change consider that section “Changes” of these Terms and Conditions will apply. You can also access your booking details in your “My Account”.

 

The suppliers delivering the services in your arrangements work in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Please note that while we exercise due diligence in the selection of our suppliers, we cannot be liable for supplier insolvency or bankruptcy.

 

Travel is personal and each individual’s goals and experiences may differ. We will not be bound by, or liable for, any description, photograph, representation or warranty made by or provided by any independent third party sales representative, travel agent, or other person or entity relating to any holiday/vacation offered by Exoticca.

 

3. Payment

 

You must make payment for your arrangements in accordance with the instructions we give you. Generally speaking, in order to reserve your place, a deposit must be paid at the time of booking. The full balance must also be received according to the informed installments. Bookings made 30 days or less before departure must be paid for in full at the time of booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as canceled by you in which case the cancellation fees set out in the section “Cancellations by the Customer” will apply. If you are paying by credit card you agree that in the event of cancellation you will be bound by the cancellation policies contained herein, and will waive your right to a chargeback, except in the case of fraud. If you do request a chargeback that we then have to dispute, you will be liable for all of our costs, including attorneys’ fees.

 

4. Insurance

 

We recommend that all persons on the booking purchase comprehensive travel insurance. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. Please note that insurance companies usually limit the time between booking and/or departure date and the issuance of the policy and therefore we recommend purchasing the insurance immediately after receiving the confirmation of the booking from us. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.   

 

5. Special Request

 

Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. While we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation or any other documentation do not amount to a promise to meet that request. A failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.

 

6. Disabilities and medical problems

 

If you or any member of your party has any medical problem or disability which may affect your chosen arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to their suitability for you. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking or if you did not give us full details at the time of booking, we will treat it as canceled by you when we become aware of these details.

 

7. The price you pay

 

The price of your chosen arrangements is calculated based on the services and dates you select, and will depend on the number of persons included in the booking. It is your responsibility to review the sections of your enquiry titled "the price includes" and "price does not include" before completing the booking process.

In some countries, hotels or other travel services may require payment of a fee or tourist tax locally. Please enquire for further details.

 

Please note that we reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed holidays.

8. Cancellation Policy

 

A partial cancellation of a booking is not allowed. In case the customer (s) wants to cancel the booking the cancellation policy of this section will apply. In this sense, Exoticca incurs in several non-refundable costs before the cancellation is made and therefore the penalties are just proportional to these non-recoverable expenses. In case of cancellation, Exoticca is entitled to claim for the applicable penalty and in any case, for the expenses/costs incurred.

 

All products/services added to the trip and purchased after the reservation date cannot be canceled with less than SIXTY (60) days before the trip. Any cancellation of the products/services added to the trip with less than SIXTY (60) days before the departure date will have a penalty of ONE HUNDRED PERCENT (100%) of the amount of the canceled added service. 

 

8.1 Cancellation by the Customer

 

Once a partial or total payment has been made, cancellations will only be accepted in writing. In the event that the Client wishes to request the cancellation of his reservation, he must send his request through our contact form available here.

Your notification of cancellation request will only take effect once it is received in writing, and in the event that the reception is made outside the operating hours of our Customer Service team, it will take effect from the next business day (check the operating hours in the "Contact" section of our website).

If there are specific cancellation conditions for a given trip, they will be indicated in the "conditions" section of the offer. If there are no specific conditions, the cancellation fees set out below will apply.

At any time prior to the start of the combined trip, the traveler may cancel the trip and, in that case, the cancellation policy and applicable cancellation fees for customers who wish to cancel their trip voluntarily will be:

 

• If the cancellation occurs SIXTY (60) or more days prior to the departure date of the trip, the amount corresponding to the FORTY  PERCENT (40%) of the total amount of the booking will be deducted as a penalty.

 

• If the cancellation occurs FIFTY-NINE (59) or less days before the departure date of the trip, SEVENTY-FIVE PERCENT (75%) of the total amount of the trip will be deducted as a penalty.

Without prejudice to the possible contracting of the coverage provided for in the following clauses.The penalties and management expenses will be deducted from any collection that would have been received by Exoticca.

 

If the reasons for your cancellation were covered by the insurance company's terms and conditions, you may claim these charges from them.

 

8.2 Cancellation by Exoticca

 

Exoticca reserves the right to: 

• change the date of departure or conclusion of the trip

• modify any non-essential aspect of the trip

• cancel or modify the trip or any routes within the trip or objectives set out in the itinerary 

• cancel the trip in case of not having the minimum quota of registered people/travelers to consolidate and execute the trip

In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of cash refund of the trip price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.

 

Special note on the situation of COVID-19.

 

In the event that the destination country of the trip requires the presentation of a PCR test or any other necessary requirement for the trip, the costs related to it will be borne by the client, as well as the responsibility of doing it within the time required by the destination of the trip. In the event that the client, once the trip has started, presents any symptoms related to COVID and that results in a modification of the contracted services, (e.g. overnight stay, hotel or flight changes), the extra costs will be borne by the clients and the same must subsequently be claimed from their insurer.

 

9. Cancellation coverage

 

9.1. Included coverage

 

Standard Protection in case of contagion of the Client by COVID-19

 

• All reservations are protected in case the Client is infected by COVID-19 before the departure of the trip or, if there is a closure of borders or airspace in the destinations due to COVID-19. In those cases, Exoticca will refund the entire price paid for the trip to Exoticca travel credit and no penalties or management fees will apply. In this case, the following conditions will apply:

• The infection must have occurred to the Client or to any of the passengers confirmed in the reservation.

• The certificate must be made by a doctor with the positive test issued by an official body recognized by the corresponding authorities. The supporting documentation must be sent to Customer Service before the start date of the trip using our contact form available on our website.

• The infection must have occurred within SEVEN (7) days prior to the departure date.

• In any case, more clarifying information may be required.

In the event that the Client decides to reject the use of the Exoticca travel credit as a return method, they may opt for a cash refund. The cash refund implies the application of the penalty of 75% of the amount of the trip in accordance with the "cancellation by the client" policy.

 

Standard Protection in case of closure of borders and/or airspace of the destination country.

• In the event that the Client cannot travel due to any of the situations mentioned below, they will have the option to reschedule their trip for free using Exoticca travel credit and no penalties or management fees will apply:

• Closure of borders to foreign tourism - includes the situation of travel restrictions in the destination country, where the Government has issued a resolution prohibiting the entry of foreign visitors.

• Restrictions of the Government of the country of origin - include the situation of travel restrictions in the country of origin, where the Government has issued a resolution prohibiting departures to the destination country.

• Mandatory quarantine at the destination - exclusively includes the situation where the Government has issued a resolution to establish a mandatory quarantine at the destination and that cannot be avoided by an alternative measure (negative test for COVID-19, for example)

• Non-operating airlines - refers to when an airline, relevant to the trip, is not operating the scheduled flight(s) as a result of restrictions caused by the COVID-19 pandemic

The Exoticca travel credit is a non-refundable virtual voucher or coupon that can be used on any trip published on our website and at the time the Client wishes (the Exoticca travel credit does not expire). If the amount of the trip is less than the available credit, the difference will remain available in the User's "Exoticca Wallet", ready to be used for another trip. If the amount of the trip is greater than the available credit, the difference must be paid by the Client following the payment conditions defined in the "Payments" section.

 

In the event that the Client decides to reject the use of the Exoticca travel credit as a return method, they may opt for a cash refund. The cash refund implies the application of the penalty of 75% of the amount of the trip in accordance with the "cancellation by the client" policy.

 

9.2. Optional coverage for unforeseen events prior to the trip

To contract the coverage described below, the customer must pay an added non-refundable fee to the price of the trip that will be defined in the purchase process and that will vary depending on the trip. Likewise, said coverage will be unique, linked to the trip with which it is contracted and non-refundable..

 

Other Cancellation by Exoticca 

 

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Force Majeure i.e. any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strike, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control.

 

We consider a pandemic like COVID-19 a force majeure event. However, due to the fact that COVID-19 has been of an unparalleled impact for the travel industry, both businesses and travelers, Exoticca has defined a series of special conditions to facilitate the recovery of our activity. These special conditions have been described in detail in the previous section.

 

For group travels, Exoticca designs specific arrangements in destination considering a certain quantity of passengers therefore in some cases if the minimum number is not reached we reserve the right to cancel your booking and addresses as a “major change” with the conditions mentioned in the chapter Changes below.

 

10. Changes

 

10.1 Changes by the Customer

 

If you wish to make any changes to your arrangements after they have been confirmed you must inform us in writing using the “Contact Us” form on this website as soon as possible. 

 

Your notice requesting a change will only take effect when it is received in writing, and if it is received outside our Customer Service operating hours, it will only be effective from the next working day (see our Customer Service operating hours in the section “Contact” of this website). In the event that we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you and the conditions mentioned in the Cancellation Policy will apply based on the anticipation to the departure date. 

We can’t guarantee that changes can be met, although we will do our best to assist. In the event we can meet your requested change, you shall pay any applicable rate changes or extra costs incurred by EXOTICCA and any costs or charges incurred or imposed by any of our suppliers.

Certain arrangements, in particular sums paid for flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the arrangements in addition to the charges above.

 

10.2 Changes by Exoticca

 

Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them.

Most changes will be minor, and while we will do our best to notify them to you as soon as reasonably possible before your departure, we will have no other liability to you in respect of them.

 

Examples of “minor changes” made before departure include the following:

• A change of overall length of your arrangements of twelve hours or less.

• A change of accommodation to another of the same standard or classification.

Occasionally we may have to make a major change to your confirmed arrangements. Examples of “major changes” made before departure include the following:

• A change of accommodation area for the whole or a significant part of your time away.

• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

•  A change of overall length of your arrangements of twelve hours or more.

• A significant change to your itinerary, missing out one or more destinations entirely.

• The entire cancellation of the trip due to the failing to meet the minimum quota for the group (this only applies for group traveling).

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

 

• Accepting the changed arrangements

• Having a refund of all amounts paid with a Travel Credit

• Accepting an offer of alternative arrangements of comparable standard from us, if available (we will refund with a Travel Credit any price difference if the alternative is of a lower value, the same way you will incur in extra costs if the alternative is of a higher value).

You must notify us of your choice within 3 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.

We will not offer you compensation and the above options will not be available where:

 

• We make a minor change

• We cancel as a result of your failure to make payment in accordance with these terms

• Where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

If we become unable to provide a significant proportion of your arrangements after you have departed, we will make alternative arrangements for you but if it is impossible to do so, or you choose not to accept them for good reasons, we will, where appropriate, provide you with equivalent transport back to your place of departure or another place we both agree. If your arrangements are a package, and if appropriate in all the circumstances, we will also pay you reasonable compensation with the exception of changes or cancellations are caused by "force majeure" (please see the forthcoming section for more details), we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.

 

11. Complaints

 

If you experience a problem during your holiday, please immediately inform the relevant supplier so that they can take steps to put things right. You can also reach us using the “Contact Us” form on our website, or through our Emergency line that will be communicated to you before traveling.

 

If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and could affect your rights under our agreement. 

 

12. Your behaviour

 

If in our opinion or in the opinion of any person in authority, your behavior is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result. 

 

13. Our responsibilities

 

We accept responsibility as an organizer under the Package Travel, Package Holidays and Package Tours Regulations in Australia. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you as set out on your confirmation, we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

 

• The act(s) and/or omission(s) of the person(s) affected;

• the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

• unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

• an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

We may however provide you with reasonable assistance in the event you experience difficulty arising out of these circumstances if your arrangements amount to a package.

 

We will not be responsible or pay you compensation:

• For services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you;

• for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business;

Luggage and other personal belongings are transported at your own risk so should be supervised at all times. For air, rail, sea or river transport the conditions set by transportation companies will apply, being the applicable passenger ticket document issued. In the event of harm, late delivery or loss, you shall report this immediately to the air carrier.

 

Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):

• whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions;

• the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements;

• when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.

Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under legal age) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.

 

We shall be responsible to the client for supplying the services and accommodations described in the brochure of this website that is relevant to your booked trip, except where it cannot be supplied or the itinerary is changed due to delays or other causes of whatever kind or nature beyond our direct control. In such circumstances, we and our suppliers will seek to offer comparable services, accommodations and itineraries and there shall be no refund in these circumstances.

 

Neither Exoticca, its suppliers, partners, agents and/or employees (“released parties”) shall be responsible or liable for cancellations, acts of other service providers, diversions or substitution of equipment or any act, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to guests including any results thereof, such as changes in services, accommodations or facilities. Nor shall we be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person not its direct employee of them or under their exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. The released parties shall not be liable for indirect, special or consequential damages. All baggage and personal effects are at all times and in all circumstances at the risk of the guided vacation/holiday participant. Exoticca recommends that all persons on the booking obtain baggage insurance. Should the lost articles be found and returned to the owner, arrangements and related costs will be entirely the customer’s responsibility.

Generally, all operators, carriers, hotels and other suppliers that provide services on holiday are independent contractors. They are not agents, employees or servants of Exoticca or its associated companies. All certificates and other travel documents for services issued by Exoticca are subject to the terms and conditions specified by the carriers and suppliers and to the laws of the countries in which the services are supplied. Carriage by sea is subject to the Carrier’s Conditions of Carriage which are expressly incorporated into this contract, copies of which are available upon request. The released parties are not responsible for any criminal or other conduct by third parties, whether criminal, intentional, grossly negligent, negligent or otherwise.

 

Additional risks and dangers may arise including, but not limited to, hazards of traveling in undeveloped areas, hazards of travel by boat, train, automobile, aircraft and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, hazardous local customs and practices, differing levels of sanitation, differing standards of safety, risks associated with water, food, plants, insects and differing animal regulation, accident or illness in areas lacking means of rapid evacuation or medical facilities, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with Exoticca to participate in such trips and activities you agree you will not make a claim against Exoticca, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release Exoticca, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors accompanying you. This agreement also binds your heirs, legal representatives and assigns.

 

14. Jurisdiction and applicable law – Choice of Law

 

These Booking Conditions and any agreement to which they apply are governed in all respects by Melbourne (Aus) law . We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with in a court of competent jurisdiction in Melbourne (Aus). 

 

You agree that you will only bring claims against us in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. We shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against us unless you have first provided a typewritten notice of claim to Exoticca within 30 days after the trip or cancellation of the trip.

 

15. Passport, Visa and Immigration Requirements and Health Formalities

 

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. Up to date travel advice can be obtained from the Australian Government, Department of Foreign Affairs and Trade, visit www.dfat.gov.au/travel or  www.smarttraveller.gov.au.

 

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

PASSPORT AND VACCINATION NOTICE: On all national and international trips, you must check the mandatory admission (e.g. US and ESTA, Canada and eTA or others authorities), passport validity (some countries require passport validity up to 6 months after the date of return) and vaccination requirements (vaccination guidelines and diagnostic tests for COVID 19), by the authorities of each of the countries of destination and/or stopover. Check the official websites of Immigration and health agencies of your country and of the countries of destination and stopover, as well as the requirements of the airlines. In the event of being denied by the authorities the exit or entry to the country of destination or transit, for particular reasons of the traveler for lack of the requirements that are demanded, due to a defect in the required documentation, and/or for not being a carrier of The same, Exoticca declines all responsibility for events of this nature, resulting in any expense incurred by the traveler and applying the policy of failure to show up at departure.

 

Special note on COVID-19 situation

 

Should a PCR or any travel requirements necessary to enter the destination or participate in any aspect of a purchased trip, the arrangements within the required timescale and related costs will be entirely the customer’s responsibility, and shall not be cause for a refund. Once the trip has begun, should the client present any symptoms related to COVID, resulting in the modification of the contracted services, (e.g. night's stay, changes of hotel or flights) any additional expenses will be the customers responsibility and must subsequently be claimed from their insurance company. 

 

You agree that due to the sustained risk of contracting COVID anywhere in the world, by traveling you are assuming the risk of contracting COVID, including to all risks associated with COVID. You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Exoticca Travel US, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraphs, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

 

16. Flights

 

The flight timings given on booking are for general guidance only and are subject to change. The actual flight times will be those shown on your etickets. You must accordingly check your etickets 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 issued.

 

We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges. Our website is our responsibility and therefore it is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Minors must travel with an adult and therefore Exoticca will not organize trips for minors unless they are accompanied by an adult. 

 

General conditions of air transport

 

The airlines determine the conditions of implementation of air transport and are solely responsible for the changes in schedules or routes, stops, changes of airport delays and flight cancellations. In most cases, all these circumstances respond to the overbooking of airspace, the need to respect the rules of air navigation and the period of maintenance of aircraft at airports, all with the sole purpose of ensuring safety for passengers. We will not be liable for any schedule changes, delays, cancellations and other circumstances attributable to the carrier, your own actions or those of a third party or force majeure. Please note that if you do not use the outbound flight ticket, the company can cancel the return flight.

 

Check-in and queuing times vary from airline to airline, and we recommend all travelers to arrive at the airport sufficiently in advance of the departure time. Procedures may vary, it is your responsibility to inform yourself about and fulfill the latest airline and entry requirements for your destination, return trip and any possible transit countries.

 

It is important to note that, once you have been issued with an e-ticket for your flight, that flight will not be refundable. To change requests, the conditions set by the airline for the appropriate fee will apply.

Airlines can make schedule changes or cancellations before departure, so it is your responsibility to confirm your flight within the 48 hours prior to departure:

• Directly with the airline

• Through the link www.checkmytrip.com

In the booking process, we will request personal and contact information so that we may communicate if necessary, any incident that may arise in your booking. We will have no liability if the data you provide is incorrect or incomplete.

 

Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time guests are not on board planes, transportation or conveyances. We rely on international conventions which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol and Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for Hotels. We are to be regarded as having all the benefits of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage and delay to guests and luggage.

Documentation required for your trip.

The documentation required for your trip must include the name and surname of passengers as stated in its official documentation (ID card, passport or residence).

It is the responsibility of each passenger to ensure you have valid travel documentation which meets the requirements of the airline, immigration and the authorities of each destination, including transit and stop-over destination.

Please note that all passengers are required to carry a valid travel document (including infants and children). 

- A Passport to travel outside Australia  must be valid for the period of intended stay. If a visa is applicable, any child / infant must travel with an adult figure in the photograph of the visa.

- All Citizens who are not from Australia  must have their travel documents validated and boarding pass before going through the airport security area.

- To Ensure compliance with all regulations, passengers should carry a valid passport (and visa if applicable) or a national identity card issued by the government of Australia on all routes. The passenger will pay fines, penalties or costs arising out of breach of this requirement.

- The Green cards, driving license, family books, notepads, maritime identification, a police report (issued in case of loss or theft travel document), military identification cards, among others, are not accepted as valid documents. If the photo IDs expired or damaged they will not be accepted on any flight.

• Data from travel documents of passengers (including children and infants) must be entered during the online check-in process. On all routes, passengers must present valid travel documents and online boarding passes at the airport security area and at the gate.

 

17. Miscellaneous

 

Security is a major concern to all of us and the situation globally is constantly changing. Events around the world, coupled with the “Travel Advisories” put out by various governments, may at times necessitate changes to the accommodations and itinerary or even trip cancellation. You must accept these risks involved in travel to any country that may experience security difficulties and accept responsibility for your own travel decisions. We recommend that all guests purchase comprehensive Travel Insurance. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. In the case of computer or human billing errors, we reserve the right to re-invoice participants with correct billing.

 

Every effort is made to ensure brochure accuracy at the time of going to press; however, Exoticca cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances. Moreover, photographs and descriptions of locations or attractions are merely representative of conditions that existed at time of brochure printing and conditions may not be the same at the time of your journey.

 

All bookings made with any provider of any transport, facilities, meals, other goods or of any services are subject to terms and conditions and exclusions and/or limitations of liability imposed by them in relation to matters not covered particularly and expressly by our agreement.

 

If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirement of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees. Neither Exoticca nor any of its staff or agents, accepts any responsibility or liability for your acts, omissions, defaults, conduct, state of health, condition or circumstances.