Kimberley Express

If you do not find what you want in the Terms & Conditions below, or in the relevant online brochure, please contact us for further information.

Terms & Conditions

The following terms and conditions (‘booking conditions’) form the basis of your contract with Australian Pacific Touring Pty Ltd (‘APT’, ‘we’ or ‘our’). Please read them carefully as they set out your and our respective rights and obligations.

Our terms and conditions are divided in two sections - those of generic nature that are consistent across all APT holidays; and those of a specific nature that relate to particular holiday packages.

For specific details about the required deposits, special deals, passport/visa requirements, and cancellation policies applicable to the destination you are travelling to - please read the full General Information and Conditions found at the back of the applicable online brochure. Online brochures can be viewed here.

GENERAL CONDITIONS:

By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions, that you agree to them and that you agree to them applying to your holiday arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conditions to your ‘holiday package’ are references to the tour package you have booked with APT. References to ‘excursions’ are references to short trips or tours included or available as part of your holiday package.

Governing Law

These booking conditions are governed by the law in force in Victoria, Australia.

BEFORE YOU BOOK

Price Validity

Published prices are valid at the time of publication but are subject to change. They may be varied by advertising or special offers, or changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. The most up to date pricing may be found on our website – www.aptouring.com.au. Prices will be confirmed at time of booking and honoured for up to seven days. Once the security deposit is paid the price will be guaranteed. All holidays are subject to availability at the time of booking.

Please see important information listed under Special Conditions for relevant deposit and final payment terms.

Transfers

Airport transfers are included on the first and last day of the holiday package at designated times. No refund will be given for unused transfers. Transfers cannot be re-routed to other pick-up points or destinations. Passengers who miss the pre-booked transfers must make their own way to/from the hotel at their own expense. A group transfer is generally a shared transfer and the type of vehicle used will normally be dependent upon the size of the group.

Freedom of Choice^TM & Signature Experiences

Minimum and maximum group numbers apply on some Freedom of Choice or Signature Experience inclusions. If your first choice of Freedom of Choice or Signature Experience excursion is unavailable you may be asked to choose an alternative.

Public Holidays & Festivals

Most countries have public holidays, religious or otherwise. Festivities may temporarily disrupt your holiday and some religious holidays may result in a reduction of facilities and entertainment.

Superdeals & Special Offers

Conditions Apply. For full terms and conditions relating to any Superdeal or special offer on your booking, please go to www.aptouring.com.au/specialdeals.

Other Special Offers

Special Deals and Special Offers other than those advertised herein may be promoted by APT after the program is released. These new special deals/offers do not apply to existing bookings unless otherwise stated.

APT Club

Details including the range of benefits are available on our website at aptouring.com.au/aptclub

BOOKING & PAYING FOR YOUR HOLIDAY

Airfares

Air travel is arranged with independent airlines. APT will arrange air travel as advertised in connection with your holiday package or otherwise arranged with APT. All airfares are subject to flight and booking class availability. Airfares will be booked and ticketed upon receipt of your deposit to avoid price or tax increases. Airport taxes vary for each departure point and routing of airline. Airline schedules are subject to change without notice. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. APT is not liable for delays or disruptions of air travel. Once tickets are issued APT will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.

Airline Loyalty Points Eligibility

APT uses the services of a range of airlines in its packages. APT does not warrant that its airfares attract loyalty points as airlines control the application of loyalty points in all cases. Requests to use loyalty points to upgrade travel need to be directed to the airline concerned by the member.

APT Deposit Cancellation Peace of Mind

Applicable when an upfront fee of $95 per person is paid with your deposit. The holiday package can be cancelled prior to the final payment date and your deposit will be retained as an APT holding credit to be used for future bookings. If Deposit Cancellation Peace of Mind is claimed, monies held must be used on a future tour and cannot be redeemed against the original tour departure date. Deposits held in credit will exclude fees imposed by third parties, including but not limited to air travel, rail travel and hotels. When booking airfares through APT (including when taking advantage of a special offer that includes air travel), standard airline cancellation fees will apply. In some cases, airfares will be non-refundable. In the event of cancellation, these fees will be deducted from the deposit paid, and therefore the credit being held. APT Deposit Cancellation Peace of Mind applies to new bookings only and is only valid up until 100 days prior to travel. After three years, unused credit funds will incur the original cancellation conditions. This does not replace travel insurance, which you are required to purchase at the time of booking.

Travel Insurance

Travel Insurance is not included in your holiday package. For your protection, you are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the full cost of your holiday package, medical expenses, loss of luggage, land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes.

Travel Information & Documents

After booking you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your flight timings carefully on your tickets, particularly early morning departures. Approximately 21 days before departure you will receive your e-ticket together with your final itinerary. However in the case of late bookings, charges or late payment, tickets may be emailed to you.

Special Requests

Where a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. APT will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. APT will also pass on any dietary requests to the airline but we strongly recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

Credit & Debit Card Surcharges

If you pay APT by credit or debit card, surcharges will apply. In the case of credit cards a surcharge of between 1% and 3% (depending on the card used), will be added to the tour price. In the case of debit cards a charge of 0.5% will be added to the tour price.

Accuracy

APT has endeavoured to ensure that the information provided about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publication. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes are given for guidance only as there may be changes. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described in our collateral as a result of local conditions, weather conditions, annual events. APT will endeavour to notify you of any significant changes prior to your departure.

Flight Changes

The flight timings detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are set by airlines and affected by events outside our control. Scheduled and charter flight timings, and days of operation are also subject to change. APT will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees except where specified in these booking conditions.

Out of Date Range Flights

If airlines have not published their schedules or airfares at the time of your booking, APT will estimate the cost of airfares connected with your holiday package. When the airline releases flight inventory and airfares, APT will confirm seats and pricing by sending you an updated invoice. Once flights have been confirmed by you and payment has been received, APT will issue your tickets.

Force Majeure

Force Majeure event means the occurrence of an event that is beyond APT’s reasonable control and which could not have been reasonably prevented by APT, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, license and the common law as applicable from time to time, including changes or amendments in regulations or access to services, sites or countries caused by declared epidemic or pandemic events.

Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure

If APT, in its reasonable opinion, considers that any Force Majeure event prevents APT (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, APT may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.

Limitation of Liability in the Event of Force Majeure

In the event of a Force Majeure event making it impossible or unsafe for APT to deliver all or part of the Holiday Package, APT will refund the customer for the unperformed part of the Holiday Package less any reasonable losses, costs and expenses incurred before cancellation and related to the cancellation. This may include but is not limited to unrecoverable third party costs and other expenses paid by APT in relation to arranging the various components of the holiday package. Losses will also include an amount of overhead charges Incurred by APT, based on the package price. These deductions may amount to a substantial proportion of the booking price. APT will use reasonable endeavours to minimise losses incurred by customers. Customers must take out travel insurance to protect themselves against loss in the circumstances.

Local Purchases

APT is not responsible for any items you may purchase locally i.e. jewellery/furniture etc. You acknowledge that you are solely responsible for any import duty or freight costs.

Personal Belongings & Lost Items

For security reasons, valuables should be kept to a minimum and packed in your hand luggage along with your medicines. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.

Data Protection Policy

Any personal information (including sensitive information and health information) that APT obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures. Our Privacy Policy is available at www.aptouring.com.au/privacy or by request to us. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy.

Disruption to Cruising and Itinerary Arrangements

Itineraries are intended as a guide only and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, rail, river or weather conditions, strikes or other reasons beyond APT’s control. If conditions render any routes unsafe for navigation, APT reserves the right to provide alternative services including, but not limited to, accommodation on the docked ship or substitute land arrangements. Under normal river conditions, itineraries will operate as far as possible as published. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary. For example, without limitation, if there is a water level problem on a river, it may be necessary to operate part of the itinerary by coach and alternative sightseeing may be included. APT will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water level events or such other events which are beyond our control. APT cannot guarantee exact arrival and departure times for carriers and operators used by APT and APT will not be liable for failure to make connections with any other services or attractions beyond its control.

Limitation of Liability

1. Our holiday packages include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of APT. Although we take care in selecting the independent service providers and the optional excursions conducted by some independent service providers, APT is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.

2. If, in the opinion of any representative of APT, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. APT representatives are empowered to ask guests to depart a holiday package if they are displaying known COVID-19 symptoms. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from a holiday package. Guests will be responsible for arranging and paying for their own transport home if they are asked to leave the tour. APT is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package.

3. APT accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.

4. Any term, condition or warranty expressed or implied by statute or otherwise in respect of the holiday packages contained in any of our collateral are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

5. To the full extent permitted by law, APT’s liability arising under or in connection with these booking conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of APT in respect to any monies paid to your travel agent unless and until APT notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by APT. APT reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by APT within the specified time.

7. Specific meal requests are requests only and cannot be guaranteed.

Medical Assistance

APT does not employ medical staff on its tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. APT is not responsible for the type or quality of the medical services you may receive.

Smoking

Government regulations forbid smoking in tourist coaches however frequent stops are made for those wishing to smoke. Smoking is not permitted in hotel rooms or ship cabins. Requests for smoking/non-smoking rooms will be passed on to hotels but cannot be guaranteed.

Responsible Service of Alcohol

Our staff are trained in the responsible service of alcohol and are obliged by law to guest service to any guest who, in their reasonable opinion appears to be intoxicated or behaves in an aggressive or offensive manner.

Service Enquiries

If a problem occurs during your holiday you should, in your own interests, advise your tour director so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to APT within 30 days.

Luggage Limits

Each passenger is entitled to take one piece of luggage that does not exceed 160cm (63 inches), or weigh more than 23kg (50 pounds). Dimensions for checked baggage are calculated by adding together the width, height and depth of the piece of baggage. An extra charge will be imposed to cover porterage handling of any additional luggage. Your tour director will advise you of the exact additional charge.

Some holiday packages may have restricted luggage limits, please refer to Specific Terms & Conditions under relevant destination for more information.

If you did not find the details you require here, or in the relevant online brochure, please contact us for further information.

Images within this publication - Some of the images contained in this publication are courtesy of Tourism Tasmania: Stu Gibson, Adam Gibson Luke Tscharke, Kathryn Leahy, Margaret River Tourism: Russel Ord Photography, Graham Werner, Tourism SA: Extra Miles Pictures, Studio Ponant: Nicolas Matheus, Steve Strike, Albatros Expeditions: Sandra Petrowitz, Tourism NT: Mark Fitzgerald and Pete Eve, Tourism WA: Frances Andrijich, South Australia Tourism Commission: Ben Goode and Adam Bruzzone, Julie Fletcher Photography