Please read these booking conditions carefully as they are the sole terms and conditions of the contract between you and Health and Fitness Travel for all bookings.
(a) 'H&FT AU' means Health and Fitness Travel Pty Ltd (Australia) Pty Ltd ACN 160 770 990
(b) 'Customer' means a person or business seeking to acquire Services from H&FT AU
(c) 'Booking' refers to any confirmed invoice of reservation sent via email or post
(d) 'Holiday' refers to any booking made.
(e) ‘Retreat’ refers to the supplier of your main holidays elements (i.e. accommodation)
(f) 'Departure Date' means the date scheduled for the Customer to depart at the beginning of the Travel Arrangements.
(g) 'GST' has the definition given in A New Tax System (Goods and Services Tax) Act 1999 ('Act') or any amending legislation.
(h) 'Travel Arrangements' means the travel arrangements made by H&FT AU.
(i) 'Alteration' means a change to the Travel Arrangements as determined at the sole discretion of H&FT AU.
(j) 'Products' means individual components of Travel Arrangements, such as accommodation, meals, transport, retreats, programs and tours.
(k) 'Services' means the booking and payment services provided by H&FT AU in relation to Travel Arrangements; and
(l) 'Suppliers' means the party that is responsible for providing the separate Products.
(m) 'Tax Invoice' means a tax invoice which complies with the definition contained in section 29-70 of the Act or any amending legislation.
2. Basis of Contract
i. The Conditions apply exclusively to every contract for Services by H&FT AU to the Customer and cannot be varied or supplanted by any other condition unless expressly accepted in writing by H&FT AU.
ii. Acceptance - Payment of a deposit indicates the Customer's acceptance of the Conditions.
3. Booking your holiday
i. Quotes - will be provided in relation to a price for the Travel Arrangements. The quote is valid for a period of 7 days (subject to availability)
ii. Deposit - a non-refundable deposit of 30% (or the value of the included flight plus 15% of the total booking fee, whichever is greater) is required to secure a booking. The Deposit may be transferable to a new booking; this process of transferring may only be carried out once; and you must inform us 8 weeks or more before departure.
iii. Final Payment - For all holiday bookings, full payment must be received no less than 8 weeks prior to departure or at the time of booking if any part of the holiday falls between 20 December and 5 January. If full payment is not received by these dates, we reserve the right to cancel your booking, along with any relevant cancellation charges as set out below. If we do not receive payment by cheque or bank payment for any booking within 5 days of confirming your booking, we reserve the right to charge your debit/credit card for the applicable amount as set out in these terms and conditions. Your hotel reservation is only confirmed once you have received confirmation from Health and Fitness Travel via email through receipt of a booking voucher.
4. Pricing Policy
i. Travel Arrangement prices are quoted for the entire package and itemised component costs cannot be given.
ii. Travel Arrangements - the price may be based on Products being booked in groups, and accordingly Customers must travel together throughout the Travel Arrangements.
iii. Surcharges - the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, fuel levies, scheduled airfares, Retreat and ground transportation charges and any other increases in connection with the Travel Arrangements.
iv. Where there is any change in the costs incurred by H&FT AU in providing the Services, H&FT AU may vary its price to account for such change by notifying the Customer, whether or not the Customer has made full payment.
v. Products not Utilised - no refunds are made in respect of Products not utilised, for example, accommodation, meals and sightseeing excursions.
vi. Goods & Services not Included - the following are excluded from the Travel Arrangements price: International Airfares, arrival and/or departure taxes, fuel levies and surcharges, passport and visa costs, travel insurance, personal expenditure including drinks, laundry, room services, meals and gratuities, unless expressly included.
vii. GST - each amount of whatever description specified as payable by the Customer to H&FT AU is expressed net of GST. Prices for the supply of Services exclude any other taxes, duties or imposts imposed on or in relation to the Services in Australia or overseas. The Customer is liable to pay any amount of GST imposed on any Product.
vii. All refunds made to Credit Cards will exclude the original card surcharge as these charges are not refunded to us by the card issuers when a refund is made.
i. Final Payment - must be received by H&FT AU no later than 56 days (or 8 weeks) prior to the Departure Date.
ii. Where bookings are made less than 56 days before the Departure Date, full payment must be made at the time of booking.
iii. In addition to any amount payable to H&FT AU, the Customer must pay to H&FT AU on production of a Tax Invoice the GST payable by H&FT AU in respect of that amount.
H&FT AU will endeavour to assist if the Customer requests an amendment to the booking up to 56 days prior to the Departure Date subject to the following;
(a) Amendment Charge - $100.00 per file applies to any Customer requesting a change to a confirmed booking plus any cancellation/amendment charges made by suppliers.
(b) If changes to the dates of travel are made, the new departure date must be within exactly 365 days from the original departure date when the booking was first made.
(c) Amendments to flights are subject to separate rules held by the airline or our flight supplier and may differ.
(d) Additional Charges - all other expenses incurred by H&FT AU may also be payable by the Customer at H&FT AU's discretion.
(e) Late Amendments - amendments made by the Customer within 56 days of the Departure Date are treated as cancellations and re-bookings. Cancellation charges apply as detailed below.
(f) If you booked your own flights and we are arranging your ground transfers you must give us at least 7 days notice prior for any flight arrival time amendment to ensure we can amend your transfer without incurring an additional supplier amendment fee or full cancellation fee.
7. Cancellations by the Customer
i. The Customer must give H&FT AU notice of any cancellation in accordance with the provisions contained in clause 10.
ii. Charges - the following charges are payable by the Customer in accordance with the number of days prior to the Departure Date following notice being received by H&FT AU of cancellation:
Period of notice before departure
More than 70 days
57 - 70 days
50% of the holiday cost or deposit if greater
29 - 56 days
75% of the holiday cost or deposit if greater
0 - 28 days
100% of the holiday cost
iii. Additional Charges - the Customer may incur further cancellation charges from some local agents.
iv. If you fail to turn up to any part of the holiday, 100% of the holiday cost will still be charged.
8. Cancellations and Alteration by H&FT AU
i. H&FT AU may treat a booking as cancelled and levy cancellation charges if the Customer does not pay the balance of the Travel Arrangements price at least 56 days prior to the Departure Date.
ii. Force Majeure - H&FT AU may, at its sole option, where circumstances outside of its control affect the provision of Travel Arrangements (such as flood, fire, act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) cancel scheduled Travel Arrangements at any time and may at H&FT AU's sole and absolute discretion:
(a)offer the Customer alternative Travel Arrangements or Products of comparable standard as may be appropriate in the circumstances; or
(b)if alternative Travel Arrangements or Products are not offered by H&FT AU, H&FT AU will make a prompt proportional (taking into account the extent of the Travel Arrangements that have been provided or arranged) refund of monies paid by the Customer.
iii. H&FT AU may charge a reasonable fee to cover the administration costs associated with providing alternative Travel Arrangements or Products.
iv. Alteration - if an Alteration becomes necessary within 56 days of the Departure Date for any reason other than the circumstances described in clause 8.2, H&FT AU will endeavour to offer comparable Products or a full refund of all monies paid by the Customer (less any supplier costs of ours and any previous amendment fees).
9. H&FT AU Obligations and Liability
i. Booking Agent - H&FT AU acts as a booking agent for the Suppliers of Products and accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Customer or third party resulting from the Customer's or third party's use of the Products. H&FT AU makes reasonable enquiries to determine that Suppliers provide appropriate Products, but H&FT AU is not responsible for the Products or their standard.
Except as specifically set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the Products or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
ii. Circumstances Beyond our Control - if H&FT AU is unable to provide the Travel Arrangements as illustrated in the brochure, or any Product agreed to be provided, it is not liable for any injury, loss, damage, accident, delay or irregularity arising to the Customer or any third party.
iii. Visa Requirements - It is the Customer's responsibility to ensure that it has valid passports, visas and permits which meet the immigration and governmental requirements of the country of travel please visit Smartraveller for up to date information.
iv. Health Issues - It is the Customer's responsibility to obtain any vaccinations or health precautions applicable to the country of travel.
v. Loss - H&FT AU is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident delay or irregularity occasioned to the Customer, whether caused by act, omission, negligence or otherwise, while undertaking a Travel Arrangement, using the Services or arising from any booking.
vi. Insurance - H&FT AU strongly recommend that the Customer insure themselves against loss of deposit, cancellation charges, medical expenses and loss of personal possessions, and any other foreseeable loss or expense.
vii. The Customer acknowledges and accepts that different places, countries, facilities and tour operators may have lower standards of safety, labelling, warnings and precautions. The Customer is responsible for maintaining personal diligence and safety notwithstanding the level of standards. H&FT AU is not liable for any loss, damage, injury or death that could be avoided if the Australian standards were to apply.
viii. Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or Federal legislation which cannot be excluded, restricted or modified.
10. Your responsibility
Please note that we are not open 24 hours a day and do not have an emergency out-of-hours contact should an emergency arise outside our opening hours which can be found on the top right of our website, we cannot therefore be held liable for any costs as a result from missed flights, transfers or accommodation. Should any urgent situation arise please leave a voicemail and we will respond as quickly as possible. For any medical emergencies please contact the relevant emergency services within the country of travel and your Travel Insurance provider.
11. Governing Law
i. These Terms are governed by and are to be construed in accordance with the laws of the State of Victoria and Australia.
ii. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts and Tribunal of Victoria and Courts entitled to hear appeals from those Courts and Tribunals.
12. General Privacy Information
i. H&FT AU obtains personal information from the Customer or its representative, as is necessary for H&FT AU's business purposes or providing the Customer with H&FT AU's Travel Arrangements, Products and Services, and may be used in answering any queries the Customer may have; or to become a Customer; performing internal administration and operations; developing, improving and marketing H&FT AU's products and services; and any directly related purposes.
ii. For these purposes, H&FT AU may provide Customer information to:
a) its trusted Suppliers in the destinations the Customer is travelling through or to, such as (but not limited to) airlines, Retreat partners and ground tour operators;
b) its related entities in the destinations the Customer is travelling through or to and to its associate company in the UK. These parties will be subject to their own privacy laws and internal policies.
If the Customer does not provide this information, H&FT AU may not be able to deal with the Customer, or provide the Customer or its company with Travel Arrangements, Products and Services.
iii. H&FT AU will not disclose any personal information other than to Suppliers, related entities or advisers of H&FT AU, or with the consent of the Customer or where H&FT AU is otherwise required by law to do so.
how the Customer can access its personal information held by H&FT AU;
b) how the Customer can seek the correction of its personal information held by H&FT AU; and
c) the complaint process available should the Customer believe that H&FT AU is in breach of Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, the Australian Privacy Principles ("APPs").
13. Consent for cross-border disclosures
By making a booking, the Customer acknowledges and consents that H&FT AU will not, as would otherwise be required, be obliged to take steps to ensure that an overseas recipient of Customer Information complies with the APPs.
H&FT AU's failure to enforce any of these Conditions shall not be construed as a waiver of any of the H&FT AU's rights.
ii. If any Condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the Conditions without affecting the enforceability of the remaining conditions.
16. Your Holiday
All program inclusions within your holiday, are subject to amendments by the respective partner hotels who offer them. We will always do our best to represent the most accurate and current inclusions but cannHealth and Fitness Travel cannot be held responsible if the partner has edited, removed ot changed the inclusions and failed to notify us.
Group class schedules and the classes themselves are run by the Hotel, listed on Health and Fitness Travel's website or listed in the holiday/package contents or by email, are example schedules only and are subject to variation, cancellation and availability. In some cases classes need to be booked in advance - please check with a member of sales to confirm this before booking or your arrival. In the event of complimentary classes or activities being cancelled, Health and Fitness Travel cannot be held responsible for these cancellations; this also applies to one-to-one Fusion Fitness program inclusions whereby the expert, trainer or therapist is not available. We always do our best to ensure your holiday inclusions are as originally booked but in some cases this is not always possible.
All tours and excursions included within your holiday, including our Discover Recover holidays, are subject to amendments and cancellations as these are out of our control and subject to changes by the respective local Tour Companies who run these. We will always do our best to find you an alternative tour or solution if one is available.
+61 3 9021 0909
info (at) healthandfitnesstravel.com.au
Written Correspondence: - Health and Fitness Travel Pty Ltd, Victoria Cottage, 112 Raglan St, Port Melbourne, Victoria 3207 Australia