1. Parties. The parties to this agreement are you and Papua New Guinea Holidays, where “Papua New Guinea Holidays”, “PNG Holidays”, ”the Company”, “we”, ”our”, or “us” means Papua New Guinea Holidays ABN 93010687733 and its employees and agents, and “you”, “your”, a “client” or a “Passenger” means any person taking advantage of the services offered by PNG Holidays and any other persons included in a booking through PNG Holidays. If you are using the services of a travel agent, the agent deals with PNG Holidays as your agent at law, and not as the agent of PNG Holidays.
2. Acceptance of Terms & Conditions. The booking of travel arrangements with PNG Holidays shall be an acknowledgement that either you (or your travel agent as your agent) have read and accept these terms and conditions.
3. Quotes. Papua New Guinea is a developing country and internet connections and computer access is intermittent across many towns and regions. PNG Holidays has an amazing network of suppliers across the entire country however contacting them to confirm bookings is challenging and comes at a considerable cost in time and telecommunications. As such, PNG Holidays commits to providing an estimate for all your Papua New Guinea travel, tour and accommodation requirements - as advised to us - free of charge. Subsequent amendments to estimated arrangements or additional estimates may be provided subject to payment of our non-refundable standard quotation fee of AUD150.00 per estimate which will be deducted from your confirmed booking’s final invoice.
For more comprehensive and detailed quotes required in the first instance encompassing various destinations that will take a large amount of time for us to prepare, our quotation fee will be advised at time of your enquiry and we will require payment of this non-refundable fee before any work is done which will be deducted from your confirmed booking’s final invoice.
4. Website Validity & Accuracy. PNG Holidays has sought the accuracy of all information provided on the website, however we will not accept responsibility for any errors, either arising from printing or typographical errors, changes since website construction, or otherwise, and you agree not to hold us responsible for such matters.
5. Pictures, maps hotel locations: Maps in the brochure or website are provided as general information only and are only an approximate guide. Maps are not to scale. All photographs are protected by copyright and may not be saved, copied or published unless given permission in writing by the owner.
6. Hotel rooms, bedding and other descriptions. Hotel descriptions, room photographs and any facilities featured are based on information available at the time of construction, are subject to change. The bedding guide is indicative only, and is subject to change without notice and to reservations at the hotel and/or other circumstances beyond our control. Prices are based on existing bedding in the room. Any requests for alternative arrangements are to be made at the time of making your booking. Such requests will be subject to availability and may incur additional charges. PNG Holidays does not own or operate any hotels or other accommodation and makes no representation or warranty as to hotel descriptions and features or the availability, cost or standard of bedding arrangements, and you agree not to hold PNG Holidays responsible for any such matters.
7. Standard of Services. Standards of service on your holiday are based upon factors outside of PNG Holidays’ control. PNG Holidays does not own nor operate the airlines, cruise lines, hotels, sightseeing, transfer, vehicle hire services and the like whose transport, accommodation, meals or other services you may receive on your holiday, and PNG Holidays makes no warranty or representation as to the standard of fitness for the purpose of such services, and you agree not to hold PNG Holidays responsible for such matters.
8. Destination: PNG Holidays makes no warranty or representation as to the safety, weather and requirements of any overseas country or governmental authority, overseas laws and policies or matters. You should obtain your own travel advice from, but not limited to, such sources as the Australian Department of Foreign Affairs and Trade.
9. Changes in Price, Holiday Itineraries and other variations: The nightly cost price indicator is a guide only and is based upon the lead in (cheapest) room available for purchase through PNG Holidays. Not all available room categories at that hotel may fall into that price indicator range. Except where expressly noted otherwise, prices are in Australian Dollars and are subject to change without notice. Currency fluctuations may affect the price of your booking. PNG Holidays reserve the right to adjust its prices as necessary at any time. PNG Holidays also reserves the right to pass on any costs imposed by airlines for ticketing, plus a service fee, GST and other imposts. Government taxes and charges imposed by third parties are also subject to change, and PNG Holidays reserves the right to pass on such charges. Any verbal estimate of price is an estimate only which will be subject to a written confirmation. The price of your holiday will not be finalised until full payment has been received and processed by PNG Holidays. You should be aware that airlines, cruise lines, hotels, sightseeing, transfer, vehicle hire services and the like make schedule and other changes beyond PNG Holidays’ control and you agree not to hold PNG Holidays responsible for such matters. If circumstance requires us to make changes to your holiday, we reserve the right to cancel or reschedule departures and itineraries. Where it is necessary to change a hotel we reserve the right to substitute accommodation of at least a similar standard.
10. Deposit & Balance of the Holiday Price: No monies shall be received by PNG Holidays until we are in the possession of cleared funds. A minimum deposit of $300 (inclusive of GST) per person is payable within seven (7) days of confirmation of your reservation. PNG Holidays reserves the right to cancel your booking without notice to you if the payment of the deposit has not been received by PNG Holidays within the time prescribed. PNG Holidays requires payment of the balance of monies due no later than forty-five (45) days prior to departure, unless otherwise specified. In the event the balance of monies due is not received by PNG Holidays by the due date, PNG Holidays reserves the right to cancel the booking without notice to you and to apply the appropriate cancellation charges. All package prices quoted are based on payment being made in cash. An additional 1.5% credit card service fee will be applied to the dollar amount paid by credit card (except American Express which is 3.5%).
11. Late Bookings: Bookings made within forty five (45) days of departure will only be accepted if full payment is received by PNG Holidays at the time of reservation. Bookings made whilst the end user is within PNG will be subject to 10% GST charges.
12. Cancellations, Alterations, Refunds and Reissues: Prior to Final Payment: If you cancel your holiday at any time you will forfeit your deposit and may also forfeit any deposits paid to third parties. After Final Payment: In addition to forfeiting your deposit you may liable for cancellation fees charged by airlines, cruise lines, hotels, sightseeing, transfers, vehicle hire services, and the like, amounting to all or a portion of monies paid. Cancellations within 30 days of your departure will result in loss of all monies paid. Once your holiday has commenced, no refund whatsoever is available for a cancellation after the date of commencement of the holiday package, or in respect of any itinerary item, fares, accommodation or any other service not utilised. Land Only Service Fee: A service fee of $50.00 (exclusive of GST) per booking may be applied. Land only bookings must include a minimum of one night’s accommodation or one days’ car hire. Sundries Fee: At PNG Holidays absolute discretion, and regardless of whether a reservation is made, a service fee of $50.00 (exclusive of GST) may be charged where multiple attendances, telephone calls, letters, facsimiles and/or emails are required to make a reservation. Alteration fees may be applied as per service fee above.
13. Items not included in the price of your holiday: airfares and associated taxes not detailed in the itinerary; passport, visa and other governmental fees; insurance; room service, telephone calls, laundry and other hotel charges not detailed in the itinerary; meals and beverages not detailed in the itinerary, gratuities; excess baggage charges; vehicle excess reduction, kilometre rate if not included in the cost of vehicle hire and refuelling costs; any costs, expenses or losses incurred in the event of your illness or injury; any costs expenses or losses arising from your being refused access to or being removed from any location; and any other costs, expense or loss of whatever nature not specifically included in your itinerary. PNG Holidays does not accept responsibility for any cost, expense or loss incurred in relation to such matters and you agree not to hold PNG Holidays so responsible.
14. Passport Names: It is your responsibility to ensure all names being used to make a booking with PNG Holidays are exactly the same as those appearing in the relevant passport. Any name/initial or spelling changes will incur a $150 fee (exclusive of GST) per change.
15. Insurance: PNG Holidays recommends that you have adequate coverage for the entire travel time from/to your home port and it should cover cancellation charges, baggage loss, medical expenses and theft. PNG Holidays does not own or operate an insurer and you agree not to hold us responsible for any decision made by the insurers.
16. Visas and Health Requirements: It is your responsibility to find out about applicable visa, passport, customs, quarantine, health, immigration and other requirements of countries you are intending to visit or pass through. PNG Holidays accepts no responsibility for these matters or refusal of entry into the country/countries of your destination and you agree not to hold PNG Holidays so responsible.
17. Credit Card Required: To secure payment for items not included in the price of your holiday, certain service providers, including such as airlines, cruise lines, hotels, sightseeing, transfer, vehicle hire services and the like may require validation of a current credit card. PNG Holidays does not accept responsibility for any consequence of this practice, and you agree not to hold PNG Holidays responsible for such consequences.
18. Reward Programs/Frequent Flyer Points: Airfares forming part of any booking may or may not attract reward programs/frequent flyer points. It is your responsibility to check whether any airfares do or do not include reward programs/frequent flyer points. Reward programs/frequent flyer points are not within the control of PNG Holidays and you agree not to hold PNG Holidays responsible for such matters.
19. Disclosure of Personal Information: The Company may be requested to disclose your condition of health or other personal information to a supplier of services connected with your holiday. You authorise the Company and/or its servants and agents to make such disclosure on your behalf and agree that such disclosure shall not constitute a breach of confidence or duty and that you will not hold us liable for such disclosure, whether pursuant to the Privacy Act 1986, in tort, in contract or under any equal opportunity or other legislation.
20. Entire Agreement: These terms and conditions constitute the entire agreement between you and PNG Holidays, and, to the fullest extent permitted by law, there will be no variation of or addition to the terms unless agreed by us in writing. Please note that no supplier, travel agent or their employees or agents are authorised to make any warranty or representation on our behalf.
21. Severability: To the fullest extent possible any part hereof being a whole or part of clause shall be capable of severance
22. Limitation of Liability: To the fullest extent permitted by Law, PNG Holidays excludes all liability for any loss or damage whatsoever (including but not limited to loss or damage to property of whatsoever nature, physical and psychological injury, economic loss, disappointment or inconvenience) that may arise in any way (including but not limited to breach of contract, breach of statutory duty or negligence) in connection with the offer or supply of goods and services through or by PNG Holidays or by any third parties. Should the law impose an obligation upon PNG Holidays which may not be excluded, then to the fullest extent permissible by law, PNG Holidays’ liability is limited, at the discretion of PNG Holidays, to a maximum of a refund of monies paid by you to PNG Holidays or the re-supplying of the relevant goods or services, whichever is the lesser. Without limiting the generality of the above, PNG Holidays does not accept responsibility or liability, and you will not seek to hold PNG Holidays responsible or liable, for any acts, omissions or defaults of service providers such as airlines, hotels, sightseeing, transfer, vehicle car hire services, or cruise lines and the like, whether negligent or otherwise, or for your acts, omissions, defaults, conduct, state of health, conditions or other circumstance or for any events beyond PNG Holidays’ control.
23. Governing Law and Jurisdiction: These terms and conditions are governed by the laws of the state of Queensland, Australia and the parties submit to the exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from those Courts and waive any right they may have to claim that those Courts are an inconvenient forum.