Charity Challenge Terms and Conditions - Soulful Concepts
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Charity Challenge Terms and Conditions

Book Your Journey with Confidence for Travel Through 2021/22

 

Soulful Concepts is providing new, more flexible booking policies in order for you to plan your future travel with complete peace of mind. For new bookings made for travel this year by December 31, 2021, you may now change or cancel up to 30 days prior to departure in the event of a COVID-19-related reason — whether at home or in your travel destination — and receive a credit toward future travel.

 

Terms and Conditions: For new bookings for 2021–22 travel made through Soulful Concepts  between June 1 2020 and December 31, 2021, travellers may change or cancel the booking up to 30 days prior to departure in the event of a COVID-19-related reason at home or in their travel destination. For Tailor Made bookings, some exclusions and penalties may apply, which will be advised in writing prior to confirmation. Travellers who cancel without rebooking will receive a credit toward future travel valid through December 31, 2022; credit is non-transferable and non-refundable. Applicable price of new journey applies. Travellers are responsible for non-refundable air fees, insurance and other related costs. All other standard terms and conditions apply to the booking. Special terms are subject to change and can be withdrawn at any time.

COVID-19-related reasons include:

  • The Australian Government issues a Level 4: Do Not Travel Global Health Advisory, or the government in the traveller’s country of residence restricts all but essential travel
  • The Australian Government issues a Level 4: Do Not Travel due to COVID-19 for the destination the traveller is travelling to, or the government in the traveller’s country/state of residence issues a comparable advisory
  • The destination the traveller is travelling to has entry restrictions in place that prohibit the traveller from travelling, such as closed borders or mandatory quarantine requirements upon entry or exit
  • International/domestic flights are cancelled without alternative routing available for travellers to use to reach the destination(s) in the itinerary

 

The following additional note is being added to all multi-country Tailor Made proposals:

Special Terms: COVID-19 and Multi-Country Itineraries

For multi-country itineraries, the ability to change or postpone only applies to destination(s) that qualify due to COVID-19 related reasons. We will make our best efforts to work with suppliers to minimise penalties in non-impacted destinations by rerouting or postponing your journey.

 

SOULFUL CONCEPTS BOOKING FORM CHARITY CHALLENGE TERMS AND CONDITIONS

 

Please read carefully these terms and conditions of contract. In completing and submitting this Booking Form to Soulful Concepts Group Pty Ltd ACN 608 885 749, you agree to be bound by these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Soulful Concepts.  In these terms and conditions reference to “Soulful Concepts Representatives” means tour managers and staff of Soulful Concepts and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.

  1. How to book

To reserve your place on one of the tours, you must complete and submit the Booking Form, along with a non-refundable registration fee of $495. Six weeks from date of Registration pay a non-refundable $600 Travel Deposit of the total tour price per person per trip to Soulful Concepts.

  1. Payments and Fundraising 

Eligibility to take part in this Challenge is contingent upon you raising the minimum Fundraising Target. Soulful Concepts will not accept receipt of your balance travel payment until there is evidence that you have met the first two fundraising milestones or have raised a minimum of AUD $1500 and show you have scheduled events to reach your target.  The balance of your Fundraising Target payments must be lodged no later than 4 weeks prior to the departure date. Failure to lodge the Fundraising Target on or before the required date will render you ineligible to depart on the Challenge, and you will forfeit in full the AUD$495 registration fee and AUD$600 travel deposit paid to Soulful Concepts, and your place on the Challenge. All funds raised in the name of the Charity must be forwarded immediately to the Charity along with supporting documents as outlined in the ‘Conditions of Fundraising’. Soulful Concepts and the Charity reserve the right to refuse your Application to participate in the Challenge for non-compliance with this requirement.

The prices quoted on this website soulfulconcepts.com are per person, for payment by cash, cheque, money order or credit charge (the latter subject to surcharge). Tour prices are subject to minimum numbers. A supplement may apply for tours below minimum numbers. The balance of the tour price is payable to Soulful Concepts 90 days prior to departure. Prices are quoted in AUD (unless otherwise specified) and all payments must be made in Australian dollars. If payment of the balance of the tour price is not received by Soulful Concepts by the required date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 4 will apply.

  1. Amendments and transfers

AMENDMENTS: If you wish to make amendments to your tour arrangements, you must notify Soulful Concepts in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in airfares or operational expenses occasioned by the amendment. All administration fees must be paid prior to departure.

TRANSFERS: Transfers may only be made to another tour to commence within 12 months of your original departure date, and cannot be transferred to another person. If you wish to transfer from one tour to another, you must notify Soulful Concepts in writing. Once Soulful Concepts receives your notice the transfer will take effect and the following transfer charges will apply:

  • If your notice to transfer is received more than 75 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in airfares or operational services will be payable by you;
  • If your notice to transfer is received between 75 and 35 days prior to your original departure date, 50% of your original tour price will be forfeited;
  • If your notice to transfer is received less than 35 days prior to your original departure date, 100% of your tour price will be forfeited.

Note: Any requested amendment to tour arrangements or transfer from one tour to another is subject to availability and the agreement in writing of Soulful Concepts.

  1. Cancellations

If you wish to cancel your tour, you must notify Soulful Concepts in writing. Once Soulful Concepts receives your notice, cancellation will take effect subject to the following:

  • If your notice to cancel is received more than 75 days prior to your original departure date, you forfeit your non-refundable $600 deposit and $495 registration fee.
  • If your notice to cancel is received between 75 and 35 days prior to your original departure date, 50% of your original tour price will be forfeited;
  • If your notice to transfer is received less than 35 days prior to your original departure date, 100% of your tour price will be forfeited.
  • Flight refunds are subject to the airlines terms and conditions
  • Extension tours outside of your charity tour are subject to the local operator/hotels concerned terms and conditions
  • We are unable to provide a refund to you until we receive the funds from the relevant supplier. Refunds are subject to the suppliers terms and conditions.

The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to Soulful Concepts by you, may be recovered from you by Soulful Concepts as a debt due and payable.

  1. Health and fitness

You must be in good health and physical condition to participate in a Soulful Concepts tour. If you have a pre-existing medical condition or are over 70 years old, you must include a signed medical certificate with your Booking Form. Some tours take place in remote areas where there is little or no access to medical services or hospital facilities. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses are your responsibility. Soulful Concepts reserves the right in its absolute discretion to refuse a participant to participate in a tour on medical or fitness grounds.

  1. Medical disclosure

You will need to complete our medical questionnaire 90 days prior to departure with medical sign off from your doctor that your fit enough to participate in the tour. This medical questionnaire confirms that:

  • You are in good health, and mental and physical fitness at the time of booking this tour;
  • You have disclosed to Soulful Concepts every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know;
  • It is relevant to Soulful Concepts’ decision to permit you to go on a tour where applicable;
  • Immediately upon any adverse change in your health or fitness that may be likely to affect Soulful Concepts’ decision to permit you to go on a tour, you will notify Soulful Concepts in writing. Soulful Concepts’ reserves the right to exclude you from a tour if a Soulful Concepts consultant doctor deems it necessary. You acknowledge that the obligation to disclose under this condition commences from the time of booking and extends to departure and the duration of the tour;
  • You have taken the necessary precautions to immunise/vaccinate for the destination your are travelling to;

If you fail to comply with the duty of disclosure in this condition and if Soulful Concepts would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this condition, Soulful Concepts will not be liable, except to the minimum extent required by law;

  1. Tour managers/local English speaking Guide

Soulful Concepts’ reserves the right to operates certain destinations with a ‘tour manager’. This is specified in the inclusions section of each destination itinerary. Other destinations will operate with a ‘local English speaking Guide’ only. In this condition, ‘tour manager’ includes both the nominated tour manager and any other nominated person given at any time the task of leading or supervising any aspect of the tour. Soulful Concepts’ tour managers and local English speaking guides take their responsibilities seriously and if for any reason a Soulful Concepts representative believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, even if you pass your medical, he/she may exclude you from the tour. In this event, but subject to condition 5, you will be offered the option of taking another tour considered suitable for you or a full refund when only the travel deposit is paid. After full payment you will not be entitled to a refund. If for any reason during a tour the tour manager or local English Speaking Guide considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated tour manager, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, he/she may direct you not to continue and you will follow the nominated instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances. Soulful Concepts reserves the right to change, at any time, the tour manager of any tour. If this happens, Soulful Concepts will try to ensure that the alternative tour manager has expertise commensurate with that of the original tour manager. Any such change by Soulful Concepts will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered. A ‘tour manager’ may accompany a group with 7 or more travellers up to a maximum of 16 travellers. A group size of 6 or less travellers will operate with a local English speaking guide only.

  1. Solo Travellers

Soulful Concepts offers solo travellers an option to avoid paying the single supplement by nominating to elect to travel on a ‘willing to share’ room basis. If Soulful Concepts is unable to match you with another ‘willing to share’ traveller of the same sex, Soulful Concepts will confirm a single room at the twin share price. If you require a guaranteed single room you must book and pay the single supplement price. Soulful Concepts will match travellers of the same sex and endeavour to match you with a companion of a similar age, however, this is not guaranteed. The ‘Willing to share’ option is not available for travellers under the age of 18.Soulful Concepts requires a minimum of 5 travellers on a departure to confirm ‘willing to share’. The willing to share’ option is subject to request when bookings are received within 55 days of scheduled departure date. Once a ‘willing to share’ option is confirmed, full amendment or cancellation fees will apply if the booking is changed to a single supplement within 75 days prior to departure.

  1. Cancellation due to tour booking numbers

Soulful Concepts reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour in which case you will be given a full refund of the tour price paid by you less a $100 administration fee. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, gear purchases, airfares, airport and airline taxes).

  1. Route changes, postponement, cancellation or delay

Soulful Concepts reserves the right to:

  • Cancel or modify any routes within the tour or objectives set out in the itinerary;
  • Substitute different or equivalent routes within the tour in place of cancelled or modified routes;
  • Postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of Soulful Concepts, it is necessary to do so due to inclement weather or conditions that are otherwise likely to be hazardous or dangerous,  or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking, or for any other reason considered necessary by Soulful Concepts.

In the event of any change, modification, cancellation postponement or delay under this condition, you acknowledge that you will have no right to a refund of the tour 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. Soulful Concepts also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 4 applies as if you had transferred or cancelled the tour at the date that Soulful Concepts cancelled the tour. Travel insurance may compensate you depending on the circumstances.

  1. Itineraries and brochures

Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by Soulful Concepts. The information contained in Soulful Concepts’, itineraries, and online, is to the best of Soulful Concepts’ belief, correct at the date of publishing.

  1. Insurance

Personal travel insurance is not included in the tour price. It is a condition of booking a tour with Soulful Concepts, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. You must provide evidence to Soulful Concepts that you have obtained personal travel insurance. You must ensure that your personal travel insurance covers all of the activities you expect to participate in.

  1. Proof of citizenship or information required to travel

It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. It is recommended that your passport is valid for six months beyond the date of your return to your home country.

  1. Airlines and other transport providers

Any material published by Soulful Concepts, the Booking Form and these conditions of contract, are not issued on behalf of, and do not commit any airline whose services are used or proposed to be used in the course of the tour. In the event that an airline’s proposed travel or fare schedule is amended or cancelled, such amendment or cancellation will not be considered a cancellation of the tour by Soulful Concepts. Any flights or other transport forming part of the tour arrangements are subject to the conditions of the carrying airline or other transport entity, which in most cases limits the airlines’ or other transport entity’s liability to passengers in accordance with applicable international law and conventions.

  1. Tour prices

Tour prices are per person based on ground costs, fuel prices, airfares, exchange rates and assumptions made at the time of printing the brochure. Soulful Concepts tries its utmost not to increase tour prices, however sometimes increases are outside its control. The most current prices will be listed at soulfulconcepts.com. Soulful Concepts reserves the right to amend tour prices without notice at any time before and up to the departure date. Amendments may be necessitated for many reasons including, but not limited to; group size, exchange rate fluctuations, increased fuel costs, airfares, airport charges, increases in ground operator service fees, or the need to engage alternative air or ground operators. Any increase in tour prices must be paid prior to the departure date.

  1. Exclusions from tour price

Without limitation, the following items are excluded from the tour price:

  • Personal travel insurance
  • Visa/s, passport and vaccination costs
  • Departure, airport and airline taxes and internal domestic flights (if applicable)
  • Extra meals, transport costs, accommodation costs or other expenses not included in the itinerary (laundry, postage, medical expenses and items of a personal nature) and emergency evacuation
  • Additional expenses caused by delay, accidents or disruption to planned itineraries
  • Tips, onboard beverages and excess baggage charges

Refer to the tour notes for full details.

  1. Force majeure

If Soulful Concepts is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, re, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Soulful Concepts’ reasonable control, Soulful Concepts will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 10.

  1. Assumption of risk

You acknowledge and agree that:

 

  • In some countries and regions in which travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision may not be as high as those in your country of residence and may require flexibility and patience on your part
  • You have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the governments of Australia, New Zealand and Canada, the British Foreign Office and US Department of State and that it is your responsibility to acquaint yourself with that information or advice

 

For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.

  1. No liability

You acknowledge and agree that:

  • Where Soulful Concepts acts as a booking agent for third-party tour operators, it accepts no liability for the acts or omissions of those third-party tour operators and does not authorise any suppliers, including hotel management to promise refunds on our behalf
  • Operational control of the tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Soulful Concepts
  • Soulful Concepts will not be liable for any breach of any law by any person with whom you travel on the tour
  • You may not rely on any representations concerning the tour made by Soulful Concepts that are not contained in these conditions
  1. Release and discharge

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all Soulful Concepts representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise:

  • Out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of Soulful Concepts representatives
  • In connection with any optional activities that you may undertake during the course of your tour but that do not comprise part of your tour itinerary and you accept that any assistance given to you by Soulful Concepts representatives in arranging such optional activities will not render the Soulful Concepts representatives liable to you in any way.
  1. Australian Consumer Law

Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that Soulful Concepts, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are for their intended purpose.

Under the Australian Consumer Law, Soulful Concepts, as the supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign this form you will be agreeing that your rights under this agreement, if you are killed or injured because the services provided, were not rendered in accordance with these statutory guarantees, are excluded, restricted or modified in the way set out in this condition.

To the extent permitted by law, you hereby exclude, release and forever discharge all Soulful Concepts’ representatives from all liability for any and all claims, loss, damage, cost or expense arising from your death or your suffering of physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of the Soulful Concepts’ representatives) and connected with your participation in the recreational services which comprise the tour.

  1. Privacy

You permit Soulful Concepts to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to Soulful Concepts’ representatives in order to ensure your safety and wellbeing, but that it will not be used for any other purpose.

  1. Waiver

A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

  1. Severance of conditions

If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions. However, the remainder of the conditions are not altered.

  1. Jurisdiction

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of:

  • Victoria, in the case the booking is made in the state of Victoria
  • NSW, in the case the booking is made elsewhere in Australia