Terms and Conditions

Please read the following important information carefully.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Keith Prowse Travel” means Keith Prowse Travel Pty Limited (ACN 003 276 775).

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Keith Prowse Travel” means Keith Prowse Travel Pty Limited (ACN 003 276 775).

International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, quarantine expenses and all items of a personal nature are not included.

A 50% deposit per person or $500 (whichever is the greater), is required within 7 days of us issuing your booking invoice/reservation unless otherwise stated – for example some arrangements may require full payment upon the issuing of your booking invoice/reservation to secure services. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.

any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover or which the third party continues to oblige us to pay (for example payments made or due to airlines or ground operators);
where we or our related companies directly control any of the services included in your travel arrangements (for example, accommodation, vessels, transportation, guides), a reasonable amount attributable to such services which we reasonably determine we cannot resell or recoup;
a fee equal to 20% of the booking value to compensate us for work performed and associated overheads up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking) and our loss of expected profit; and
a fee of $400 to compensate us for processing the cancellation and any associated refund.

Any payments we have made to third parties will only be refunded to you once we have deducted the above cancellation fees and charges and once we have actually recovered the amounts from the third parties. As we will be subject to third party terms and conditions, we make no guarantee that we will be able to make recoveries or that third parties will agree that payments attributable to your booking arrangements are no longer required.

For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

For escorted group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.

if you have already commenced your travel arrangements, we will provide you with reasonable assistance to arrange alternative travel arrangements. This will be at your cost.
if you have not commenced your travel arrangements then we regret we will not be in a position to provide such assistance.

We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing travel arrangements in these circumstances.

If you are required to quarantine in destination or upon your return to Australia, then you agree that you will be responsible for all costs associated with quarantine requirements.

We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”).

Force Majeure – Prior to travel

If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions (for example due to border closures) then we may reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or cancel your travel arrangements, in which case our contract with you will terminate.

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 12 months of issue against any travel services offered by us; or refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.

Force Majeure – During travel

If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for cancelled travel arrangements only.

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.

We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which you accept, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.

Other cancellations

If we cancel your travel arrangements for reasons other than Force Majeure or a failure to satisfy minimum numbers, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate. To the fullest extent permitted by law, we will not be responsible to you for any other expenses or loss you incur resulting from our cancellation.

Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably.

During travel

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.

General

To the fullest extent permitted by law:

we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;

if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and
we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.

Your travel arrangements may be associated with a particular event, for example a sporting event (Event). We do not operate any Event. You acknowledge that we have no control over the Event and will not be liable for any representations, actions, omissions of the Event organisers.

You acknowledge that the cancellation or postponement of the Event, or the withdrawal or disqualification of any team or individual (Event Change) will not in any circumstance be considered a cancellation of travel arrangements by Keith Prowse Travel. We will however use reasonable endeavours to obtain a refund of the cost we incurred to obtain any ticket(s) to the Event for you. We will promptly make a corresponding refund to you once received. If you choose to cancel your booking due to an Event Change, then cancellation fees and charges will be applied in accordance with the ‘Cancellation by You’ condition above.

We give no warranties (and expressly disclaim any warranty) that the Event will take place at a particular time, at a particular place, in a particular format, to a particular standard or at all.

Tickets

Keith Prowse Travel does not issue any tickets. Tickets are issued by or for Event organisers. You acknowledge that all tickets are subject to the terms and conditions and limitations of liability imposed by the Event organiser and associated venue operators.

Tickets are non-transferable and cannot be exchanged. If you lose your ticket (or if it is stolen), we will use reasonable endeavours to assist you to obtain a replacement ticket from the Event organiser or other supplier. Additional charges may be payable. We make no warranty that the ticket will be able to be replaced, and we are in no way responsible if it cannot be replaced.

Venue maps are given as a guide only and are issued by venues or Event organisers. We will use reasonable endeavours to meet special requests, but we do not promise that we will be able to meet that request, or that tickets will be located in a particular area or sat together.

You must not advertise any ticket for resale. If you do so, you acknowledge that the ticket may be cancelled by the Event organiser. If there are any issues with your ticket and it does not permit entry to the Event for whatever reason, then you agree that our maximum liability is to refund you the cost we incurred to secure the ticket

Arrangements which include tickets must not be used for advertising or promotional purposes or trade incentives unless Keith Prowse Travel authorises in writing. Authorisation may be denied in our absolute discretion.

Tickets for Events within Australia are generally sent by post or by email as an e-ticket to your nominated address approximately 1-2 weeks prior to the Event. For international Events, tickets may be delivered to your hotel or may be sent as an e-ticket to your nominated address. Please ensure you have access to your email address while travelling.

It is your responsibility to contact the airline prior to departure as airlines have the right to reschedule or cancel flights. For significant delays, it is your responsibility to notify the third parties including but not limited to the transfer company, accommodation, tour company and Event organisers as no-shows or significant delays can result in involuntary cancellation. It is prudent to arrive to any significant Event a day ahead, especially if travelling internationally.

Existing Medical Conditions

If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip, then you must advise us prior to or at the time you make your booking request.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments received.

If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

New Medical Conditions

You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may materially affect the usual conduct of the trip.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

Non-Disclosed Medical Conditions

If any non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide, then we acting reasonably may exclude you from the trip. This will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).

Dietary Requirements

Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

If you cause any damage to property or injury to person, then you will be responsible for all and any loss or damage incurred by Keith Prowse Travel. This is irrespective of whether you are travelling on an escorted tour or independently.

If you cause any damage to property or injury to person, then you will be responsible for all and any loss or damage incurred by Keith Prowse Travel. This is irrespective of whether you are travelling on an escorted tour or independently.

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel. To the fullest extent permitted by law, we disclaim any liability for these risks.

You acknowledge that you are travelling at a time when Covid-19 is endemic and that Covid-19 presents risks to your health and may cause death. By making a booking request, you accept all risks associated with Covid-19 infection during travel and you release us (and our directors, officers, employees and suppliers) from liability in connection with Covid-19 infection.

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements sold by us, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.

To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. You will be subject to the terms and conditions of the Independent Supplier. Any disputes between you and the Independent Supplier are to be resolved between you and them.

In the event of the insolvency of an Independent Supplier prior to them delivering travel arrangements to you, our liability is limited to (a) using reasonable endeavours to recover payments made to them for your travel arrangements, which we will refund to you subject to receipt; and (b) using reasonable endeavours to put alternative travel arrangements in place, which will be at your cost. 

Services we directly supply

To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have control over them) if they were carrying out the work we had asked them to do. 

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.

Recreational services

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.

This exclusion does not apply to significant personal injury caused by our reckless conduct.

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

(a) a sporting activity or similar leisure time pursuit; or

(b) any other activity that:

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

General liability limitation

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays. 

You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.

If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).

If you fail to follow this procedure, this may limit your rights to make a claim.

Prior to submitting or publishing any negative public review of our services or your travel arrangements, you agree to first contact us so that we can discuss your concerns and any issues with a view to resolving them. You agree to promptly remove any reviews published in contravention of this obligation upon receiving notice from us.

Image release

We may take photographs or make recordings of you and your activities that identify you during travel. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your arrangements.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published here https://kpt.com.au/privacy-policy

Updated: April 2024