GRANTED HOLIDAYS

TERMS AND CONDITIONS FOR BOOKINGS

These Terms and Conditions apply to all bookings made for holidays provided by Granted Holidays Pty Ltd ABN 55 672 410 114 trading as Granted Holidays.

Granted Holidays reserves the right to change these terms and conditions at any time prior to confirming a booking.

The services Granted Holidays provides are the booking, the arrangement and coordination of a Holiday. The services are provided in accordance with these terms and conditions.

1. BOOKINGS

The client (“you”) must be at least 18 years of age to make a booking. Bookings are to be made for persons under the age of 18 years by a parent or guardian.

Booking requests for clients must containing full, complete and accurate information. Names must be provided exactly as per passport, including middle names, at the time of booking, and a valid passport copy.

The deposit must accompany the booking request. If Granted Holidays does not confirm a booking, the deposit paid will be refunded.

Only when a booking is confirmed by Granted Holidays, is Granted Holidays legally bound to provide the Holiday.

When you submit a booking request you represent and warrant to Granted Holidays that you have read, understood and agree to abide by these terms and conditions.

2. GROUP BOOKINGS

Group bookings can be made by a person on behalf of another person or persons. This includes bookings made by parents and guardians on behalf of children.

Group bookings are to be made in the names of members of the group, so that each member has a booking. The person making the group booking represents and warrants that they have obtained all required consents, is responsible for verifying that any information provided is complete and accurate and accepts liability for any errors or omissions in the information provided to complete a booking.

There may be a designated contact person for the group.

The designated contact person will be responsible for making all payments due in connection with the booking, notifying Granted Holidays and the travel agent of any changes or cancellations, and keeping the group informed.

3. OBLIGATION TO CHECK DETAILS

The person making the booking request accepts that if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, it may be difficult or not be possible to make changes later.

Granted Holidays regrets that it cannot accept any liability if not notified of any inaccuracies (for which it is responsible) in any document within ten days of our sending it out (five days for tickets) (the ‘time limits’).

Granted Holidays will do its best to rectify any inaccuracies notified to us outside the time limits. but the person making the booking must meet any costs involved in doing so.

If the person making the booking desires to change or cancel any arrangements outside of the time limits, an amendment or cancellation charge may be payable.

4. PAYMENTS

Deposit: You are required to pay a deposit of $125 per person (or full payment if the booking request is made within 75 days of commencement of your travel arrangements) to Granted Holidays or your travel agent when making your booking request.

Please note that until Granted Holidays receives payment of the deposit, services may become unavailable or prices may increase, in which case an increased price may be payable or the services that become unavailable are no longer offered.

In some cases, the amount of the deposit may be higher where, for example, Granted Holidays needs to pre-purchase accommodation or other services. This will be advised at the time of quotation.

The booking confirmation sent by Granted Holidays or your travel agent will contain details of final payment required for any booking and when payment is due.  

Balance Payment: The final balance of the price is due no later than 60 days prior to the departure date, unless otherwise specified or by the payment deadline stated on the final invoice whichever is the earliest.

If full payment is not received by the applicable due date, Granted Holidays may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. Granted Holidays may also charge a late payment fee of

If a booking is made less than 60 days before the departure date, then the full amount must be paid at the time of the booking confirmation. lf a booking is made less than 7 days before departure, a late booking fee $55 per booking will apply.

If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

Not included: The price does not include any incidental charges such as laundry, taxis, telephone calls, excess baggage charges, insurance, porterage, drinks, meals, and any additional items that are not stated in the invoice.

Third Party charges: Granted Holidays is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Granted Holidays.

Card Processing Fees: Payments made by credit or debit card are subject to a 1.2% processing fee, which represents the cost charged to us by the card provider to process the payment.

5. AMENDMENTS (BY YOU)

Granted Holidays will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation.

An amendment or rebooking fee of A$55.00 per person per amendment shall apply to cover communication and administration costs for any change to bookings. You will also be required to pay any additional costs charged by our suppliers.

You acknowledge that in addition, the suppliers, namely airlines, hotels and ground operators may charge additional fee.

6. CANCELLATIONS (BY YOU)

Should a client, or a person responsible for a group cancel your booking or any part of your booking, you must advise your booking agent in writing of the cancellation.

All cancellations are not effective until Granted Holidays is notified. Cancellations may be notified by written notice (a cancellation notice) or by action, such as failing to participate in or avail yourself of the Holiday (a deemed cancellation), subject to any rights you may have under the Australian Consumer Law.

A cancellation charge consisting of a non-refundable deposit plus any fees incurred by airlines, hotels and ground operators may apply. This fee can be 100% of the fare and include cancellations due to a force majeure event.

In the event of cancellation, the following per person per booking cancellation fee applies.

·       60 days or more before departure: Loss of deposit

·       Less than 60 days before departure: 50% of the total price

·       Less than 45 days before departure: 75% of the total price

·       Less than 30 days before departure: 100% of the total price

·       No show due to any reason: 100% of the total price

If you wish to cancel your existing booking or transfer to a new departure date, the above cancellation fees will still apply.

Regrettably, cancellation charges cannot be waived and there will be no exceptions.

7. ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL

If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test in relation to Covid-19 or vaccination requirements):

·       an airline or other common carrier refuses you carriage;

·       a hotel or vessel refuses to accommodate you; or

·       we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your Holiday, then:

·       if you have already commenced your Holiday, we will provide you with reasonable assistance to arrange alternative Holiday arrangements or to continue the Holiday. This will be at your cost.

·       if you have not commenced your Holiday then we regret we will not be in a position to provide such assistance.

We will not be liable to refund the cost of your Holiday (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your Holiday and servicing your booking.

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

8. HEALTH REQUIREMENTS AND FITNESS TO TRAVEL

You are required to familiarise yourself with any health and vaccination requirements specific to the countries being visited. Any pre-existing dietary requirement/food allergy; disability; medical, health, physical, psychological, or behavioural condition (‘health conditions’) must be discussed with your medical practitioner who can confirm your suitability to travel on your chosen tour.

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the Holiday. If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the Holiday arrangements, then you must advise us 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 will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full of refund of payments made. If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.

We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

Granted Holidays reserves the right to deny you permission to travel or participate in any aspect of a Holiday at any time and at your own risk and expense where the supplier determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to Granted Holidays at the time of booking. Granted Holidays may refuse to carry women who are over 24 weeks pregnant. Granted Holidays may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not provide medical information reasonably required by Granted Holidays for any reason by the deadline indicated above, then Granted Holidays reserves the right to cancel your booking and all applicable cancellation fees will apply.

It is your responsibility to assess whether a Holiday is suitable for you, the risks and requirements of each aspect of the Holiday based on your own unique circumstances, limitations, fitness level and medical requirements.

You should consult your medical practitioner to confirm your fitness for travel and participation in any planned activities. You should seek your medical practitioner’s advice on vaccinations and medical precautions. Granted Holidays does not provide medical advice.

Holidays with Granted Holidays may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Holiday varies and Granted Holidays makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

9. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to Granted Holidays at the time of booking. Granted Holidays will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside of the Holiday arrangements.

Certain activities may be inaccessible to you if your mobility is limited in any way.

All food allergies and dietary restrictions should be disclosed to the Granted Holidays at the time of booking which will be passed on to the suppliers. Granted Holidays cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these terms and conditions or the contract between you and the supplier and the Granted Holidays is not liable for any failure to accommodate or fulfill such requests.

10. AGE REQUIREMENTS

Anyone under the age of 18 on the departure date is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Holiday description or by Granted Holidays, the minimum age for minors participating in any Holiday is 12 years of age.

All bookings with a minor are subject to review and approval by Granted Holidays. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Granted Holidays will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult booking with a minor or minor(s) is jointly and severally responsible for the behaviour, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these terms and conditions for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Granted Holidays does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

11. TRAVEL INSURANCE REQUIREMENTS

YOU MUST HAVE VALID TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000 covering all applicable dates of travel with Granted Holidays.

You acknowledge that insurance coverage is not included in the cost of any Holiday offered by Granted Holidays and you are required to obtain your own travel insurance coverage at your cost.

You must ensure that your travel insurance provides protection for the full duration of the trip in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover including medical emergency helicopter evacuation. If you make your own arrangements you should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your Holiday or the regions visited.

You must ensure that all travel insurance purchased meets your particular requirements and you should arrange supplementary insurance if need be.

You are responsible for advising your insurer of pre-existing medical conditions, the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

You must have travel insurance when you travel with us. You and your belongings are solely at your own risk at all times.

12. PRICES, SURCHARGES AND TAXES

Granted Holidays will not increase the price of your Holiday after you have paid in full. Holidays are priced and advertised inclusive of applicable taxes.

From time-to-time Granted Holidays may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by Granted Holidays are not entitled to reduced pricing.

After an invoice has been issued by Granted Holidays, Granted Holidays reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, Granted Holidays will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes).

Upon learning of the necessity to impose a surcharge in accordance with this section Granted Holidays will provide notice to you as soon as reasonably possible.

Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either: (a) cancel the applicable booking without incurring any penalty; or (b) accept the change of price.

You must notify Granted Holidays of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

13.  CANCELLATIONS AND RESCHEDULING – GENERAL (BY US)

Prior to the Holiday: Occasionally, Granted Holidays may need to make amendments or modifications to the Holiday arrangements, including rescheduling, and you acknowledge our right to do this.

If we become aware of a significant change to your Holiday arrangements prior to the departure date (where the Holiday can still proceed), then we will notify you within a reasonable time.

During the Holiday: You acknowledge that the Holiday arrangements may need to change during you’re the Holiday due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.

General: To the fullest extent permitted by law, Granted Holidays will not be responsible for any omissions or modifications to the Holiday arrangements due to Force Majeure or other circumstances beyond our control happening after we have confirmed 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. Granted Holidays will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the Holiday arrangements.

14. CANCELLATIONS OR RESCHEDULING – FORCE MAJEURE (BY US)

In these terms and 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 (including travel advisories warning against travel, border closures and restrictions).

Force Majeure - Prior to Holiday: If in our reasonable opinion we (either directly or through our employees, contractors, suppliers. or agents) consider that your Holiday arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:

·       reschedule your Holiday arrangements (in whole or in part); and/or

·       cancel your Holiday arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).

If we cancel any of your Holiday arrangements due to a Force majeure Event, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled Holiday arrangements less: (a) unrecoverable third-party costs and other expenses incurred by us for the cancelled Holiday arrangements; (b) overhead charges incurred by us relative to the price of the cancelled Holiday arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled Holiday arrangements until the time of cancellation and in connection with the processing of any refund.

Force Majeure - During Holiday: If due to Force Majeure we cancel Holiday arrangements after your trip has commenced, we will provide you with a refund of recoverable third-party costs for cancelled Holiday arrangements only.

Force Majeure - General: If we provide you with any alternative services or assistance where Holiday arrangements are cancelled or rescheduled due to Force Majeure, 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.

Other cancellations Minimum Numbers: We reserve the right to cancel or vary a Holiday prior to departure due to insufficient numbers. We will advise you no less than 60 days prior to the departure date if minimum numbers have not been achieved.

If we cancel your Holiday for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a Holiday of substantially equal quality if appropriate. We will not be responsible to you for any other expenses or loss you incur if your Holiday is rescheduled or cancelled whether or not due to Force Majeure.

If we cancel your Holiday arrangements, neither party will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third-party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.

15. REFUNDS

Refunds for cancellations by us, irrespective of when the cancellation has been made, cannot be provided to you until our supplier has released the funds to us. This may take several months. 

No refunds will apply on unused or omitted services due to any unforeseen circumstances.

Please note that employees of any overseas suppliers are not authorised by Granted Holidays to make any undertakings to clients in respect of refunds or other matters.

16. CANCELLATION DUE TO GOVERNMENT OR PUBLIC HEALTH AUTHORITY

If you are ordered into a period of quarantine by a government or public health authority as a mandatory directive for any reason and this requires you to cancel or amend your travel arrangements with us within 75 days of your departure date, Granted Holidays will not be liable for any third-party costs, cancellation fees or prepaid arrangements such as (but not limited to) airfares and cruise ship bookings.

Granted Holidays will not be responsible for any additional cost incurred to you while on the Holiday if you are instructed by a government or public health authority to enter into a period of quarantine or to return home early, this includes any extra accommodation costs or amendments to your onward travel arrangements.

Granted Holidays will endeavour to recover as much of your funds as we can on your behalf, or negotiate a credit for future use, should a disruption to your travel arrangements occur due to a government or public health authority directive.

Granted Holidays highly recommends you investigate and secure travel insurance options that best suit your individual circumstances, including any applicable to pre-existing medical conditions and world events.

17. TRAVEL DOCUMENTATION:

Passport, Visa and Health requirements are the responsibility of all individual travellers. Valid passports are required for all travellers departing Australia.

Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa.

Many countries require that foreign nationals entering hold a passport with at least six months validity, from date of departure from that country.

You will be denied boarding on an aircraft if you do not hold a valid passport and visa.

18. INDEPENDENT SERVICES

We are not responsible for any additional activities or excursions which are not included in the Holiday arrangements or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible.

19. SHOPPING & OTHER SERVICES

Shopping can be fun and entertaining, especially in local markets. However, we are neither qualified nor permitted to ensure or guarantee the quality or value of any goods purchased or the suitability of any retail outlets visited and the security of using a credit card to purchase such goods.

In all cases the purchasing of goods and the use of a credit card for those transactions is entirely at the customer's own risk and at all times the customer must use their own discretion.

Leisure activities and services undertaken during free time are at the customer's own discretion.

20. ACCEPTANCE OF COUNTRY RISK

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your Holiday or the visiting of destinations which present geographical, political or cultural risks and dangers.

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations for your Holiday and register to receive their alerts. If the travel advice is Level 3 (Reconsider your need to travel) or Level 4 (Do not Travel), you should follow that advice and not travel, or if in the course of travel, you should return home. You accept that you may risk your travel insurance no longer provides cover if you ignore Level 3 or Level 4 advice.

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.

21. ACCEPTANCE OF TRAVEL RISK

You acknowledge that Holidays offered by Granted Holidays may involve a significant amount of risk to your health and safety. By traveling with the Granted Holidays you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release Granted Holidays from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Holiday arrangements. Granted Holidays or its suppliers may require that you confirm your assumption of this responsibility by completing a participation waiver (the “Waiver”) prior to departing on your Holiday.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure.

Standards of hygiene, accommodation and transport in certain countries where the Holiday takes place may be lower than the standards you may reasonably expect in your home country or region. You agree that Granted Holidays is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Holiday takes place. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with a Holiday under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Holiday or, if in the opinion of Granted Holidays (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, Granted Holidays may terminate your Holiday arrangements on any product or service immediately at your expense and without any liability on Granted Holidays’ part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Granted Holidays or Granted Holidays’ suppliers for property damage, destruction or theft caused by you while on a Holiday. You agree to immediately report any pre-existing damage to a representative of Granted Holidays and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on the Holiday including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Granted Holidays nor its suppliers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to Granted Holidays as soon as possible in order to provide Granted Holidays with the opportunity to properly address such complaint. You agree to inform a representative of Granted Holidays directly. Granted Holidays assumes no liability for complaints that are not properly brought to its attention and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Holiday must be received in writing by Granted Holidays within 30 days of the last day of the Holiday in question.

22. NO RESPONSIBILITY FOR SUPPLIERS

Granted Holidays is not liable for the acts or omissions, whether negligent or otherwise, of suppliers.

Suppliers: Granted Holidays makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transport companies, airlines, transfer operators, shore excursion operators, tour and local guides, and other independent parties (‘suppliers”) to provide you with some or all of the components of the Holiday. Suppliers may also engage the services of local operators and sub-contractors.

Services supplied by suppliers: Where a supplier is the supplier of arrangements that form part of your Holiday, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable supplier and arranging for them to provide those arrangements to you. Granted Holidays acts as an intermediary only and you will be subject to the terms and conditions of the supplier. Any disputes between you and the supplier are to be resolved between you and them. To the fullest extent permitted by law, Granted Holidays will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of a supplier.

General liability limitation: 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 conditions and warranties into consumer contracts ("Consumer Warranties"). These terms and conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties. 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.

Supplier liability limitation: Any services provided by suppliers are subject to the terms and conditions imposed by the suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. You acknowledge that suppliers operate in compliance with the applicable laws of the countries in which they operate and Granted Holidays does not warrant that any supplier is in compliance with the laws of your country of residence or any other jurisdiction.

23. PRICES

General: Prices and services are subject to availability of travel and accommodation. Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website.

Costs associated with passports, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.

Deviations: Any deviations from the Holiday arrangements may incur additional costs.

24. REMOVAL FROM THE HOLIDAY

Granted Holidays retains the right to remove clients from the Holiday for reasons that impact on the enjoyment or safety of other members, such as, but not limited to, the physical, medical or mental inability of the person to undertake the Holiday arrangements, unsocial or unruly behaviour, or the possession of prohibited substances and materials.

If these circumstances apply, you will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

25. ACCOMMODATION

Descriptions and depictions of accommodation featured on our website are based on current guides provided by suppliers. Any facilities described are subject to change at any time.

Maps and photographs are included for general information only and may not necessarily reflect actual routings, location or services.

Granted Holidays has made reasonable enquiries to verify that the descriptions and details are accurate but does not warrant that they are. We reserve the right to substitute hotels, vessels and other forms of accommodation with properties or vessels of a comparable or higher standard.

Many resorts and hotels have building programs. We will endeavour to inform you of any building work of which we are aware in advance of your Holiday, which we consider may have a material effect on your Holiday arrangements. However, it may be difficult to foresee the extent and impact such activity will or may have at any particular time.

26. BROCHURE / WEBSITE / ADVERTISING MATERIAL

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently become out of date.

You must therefore ensure you check all details of your Holiday (including the price) with us or your travel agent at the time you make the booking.

27. IMAGES AND MARKETING

You agree that, while participating in a Holiday, images, photos or videos may be taken by other participants, Granted Holidays or its representatives that may contain or feature you.

You consent to any such images being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Granted Holidays, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with suppliers and others), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

28. PRIVACY POLICY

Granted Holidays must collect your personal information to deliver the Holiday and services booked. Granted Holidays collects, uses and discloses only that information reasonably required to enable Granted Holidays and its suppliers to provide the Holiday and services that you have booked. Granted Holidays’ Privacy Policy can be accessed any time on its website and is expressly incorporated into these terms and conditions. By submitting any personal information to Granted Holidays, you indicate your acceptance of Granted Holidays’ Privacy Policy.

29. GENERAL LIMITATIONS

Granted Holidays is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than itself and its employees.

Granted Holidays has no liability for any lost, damaged or stolen personal possessions and clients must ensure they have adequate and appropriate travel insurance to protect against such loss. 

To the fullest extent permitted by law, our maximum liability to you under these terms and conditions, in tort (including negligence) or at law is limited to arranging for the Holiday arrangements to be resupplied or payment of the cost of having them resupplied. 
This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Holiday and you have been able to prove failure on our part to exercise reasonable skill and care in selecting the suppliers and other third parties responsible for your trip arrangements. 

We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you. 

Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you if we are found liable to you on any basis will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question if it is part of the law of the contract.

30. TRAVEL AGENT RESPONSIBILITIES

It is the travel agents' responsibility to ensure that all invoice and itinerary details and documentation issued by Granted Holidays is correct and that the client is aware of amendment and cancellation conditions and other provisions of these terms and conditions. It is also the travel agent's responsibility to provide a copy of a valid passport at the time the deposit is paid. If the travel agent fails to satisfy these obligations, the client must make any claims against the travel agent and you hereby release Granted Holidays from all such claims.

31. LAW OF CONTRACT

The law of this contract is the law of the state of New South Wales and any legal action arising therefrom shall be litigated only in the appropriate court in that state having jurisdiction in that claim.

32. PROMPT ASSISTANCE

If, whilst you are on the Holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements.

Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.

Subject to these terms and conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your group, or otherwise through your or your group’s negligence.