In these Terms & Conditions:
- a reference to “we”, “us” and/or “our” is a reference to Akhal Teke Travel; and
- a reference to “you” or “your” is a joint and several reference to the leader of your group as nominated in the Booking Form (“Party Leader”) and each individual participant specified in the Booking Form (“Rider”).
1. MAKING YOUR BOOKING
1.1 To make a booking with us, you must complete the booking form provided on our website (Booking Form). By completing and submitting the Booking Form to us you:
(a) warrant that you are at least 18 years of age;
(b) enter into a binding contract with us consisting of the Booking Form and these Terms & Conditions;
(e) warrant that the information you have provided to us (including in the Booking Form) is true, complete and accurate. In particular, you warrant that each Rider has the experience and capability as described in the Booking Form; ;
(g) warrant that you have obtained, or will obtain, comprehensive travel insurance which covers loss, damage and/or injury as a result of horse riding related activities;
(h) are responsible for all payments due in respect of the booking;
(i) indemnify us against any and all loss that we may suffer as a result of your failure to honour these Terms & Conditions; and
(j) expressly authorise us to make travel bookings on your behalf and to arrange the relevant contracts between you and our suppliers as your agent.
2.1 You will be required to pay a deposit of 50% of the total booking cost when making your booking, unless:
(a) the booking is made 10-weeks or less before departure, in which case, full payment must be made when booking; or
(b) we have agreed to enter into a payment plan with you (see clause 4 below), in which case your deposit will be the amount specified in the payment plan.
2.2 Your booking will only be confirmed when the Party Leader has made payment of the required deposit, or, if full payment is required, payment in full has been received by us.
2.3 Subject to your rights under the Turkey Consumer Law, your deposit will not be refunded if you change your mind or cancel your booking (see clause 6 below).
2.4 You agree to carefully check the invoice when it is received and immediately contact us in writing if you wish to make changes. We will not accept any liability if you do not notify us of any inaccuracies in the invoice within 10 days of it being sent to you.
3.1 We will confirm the date by which you are required to pay the balance of your booking cost by email. This email will be invoiced to the Party Leader 11 weeks before your departure date.
3.2 If Payment is not made in full by the due date provided in our invoice, we may cancel your booking, and the cancellation charges set out in clause 8 below will be payable.
4. PAYMENT PLANS
4.1 We may, at our discretion, agree to enter into a payment plan with you, on the following terms:
(a) the total cost of your booking will be divided by the number of payments to be made under the payment plan;
(b) the first payment under the payment plan is taken as a deposit to secure your booking;
(c) you will then be invoiced for the subsequent payments at regular intervals between the date you make your booking and your departure date. The exact date of issue for each invoice will depend on your departure date. We calculate the dates on which your payments are due by:
(i) ensuring that the final invoice is issued 11 weeks prior to your departure date;
(ii) we then calculate the number of days between the date on which your booking is made and the date on which your final payment is due;
(iii) we then divide that number of days by the number of payments to be made under the payment plan to calculate the number of days between each payment;
(iv) we then add the applicable number of days to the date you made your booking to identify when your first payment is due, and so on; and
(v) we will then issue invoices for each payment, seven days before payment is due.
John makes a booking with us on 1 January and we agree a payment plan of five instalments. His group is not due to depart until 1 January of the following year. There are 365 days between those dates. The fifth and final payment will be invoiced on 16 October, which is 11 weeks before the departure date of 1 January. There are 288 days between 1 January and 16 October. 288 days divided by 5 is 58 days. This means that we would provide you with invoices every 58 days from 1 January.
(d) in the event that you fail to make any of the payments under a payment plan by their due date, we may cancel your booking after providing you with written notice that payment is due and outstanding and you fail to make payment within 5 business of such notice. If we cancel your booking pursuant to this clause, the cancellation charges set out in clause 8 below will be payable.
4.2 Whilst we will always endeavour to issue you with invoices pursuant to the payment plan referred to in 4.1, sometimes this is not always possible. If, for some reason, we do not invoice you strictly in accordance with the invoicing protocol referred to above, we reserve the right to issue invoices outside of those time frames and the due date for payment will be the date specified in the invoice that you’re issued with.
5. PAYMENTS BY CREDIT CARD AND DEBIT CARD
5.1 All payments made with credit cards and debit cards will attract a 2% surcharge, regardless of the currency in which payment is made.
6. POTENTIAL PRICE VARIATIONS
6.1 As the cost of your holiday is subject to international currency variations, all prices are subject to change. Prices may change for reasons outside our control, including increase and/or decrease in the number of ride participants, fluctuations in currency exchange rates, surcharges issued by a supplier, changes to transfer / transport costs and tax variations (collectively, “Surcharges”).
6.2 Once we have issued your confirmation invoice, we agree:
(a) not to levy any Surcharges within 30 days of your departure date;
(b) to only levy a Surcharge where the additional cost exceeds 2% of the total cost of your booking;
(c) Surcharges will be levied when we issue the Party Leader with a surcharge invoice; and
(d) that if the applicable Surcharge is greater than 10% of the cost of your booking, you may cancel your booking within 7 days of the issue date printed on the surcharge invoice and receive a full refund of all monies paid to us, excluding amendment charges under clause 7.4.
6.3 In exchange for this guarantee, there will be no entitlement to a refund if Surcharge variations reduce the cost that we incur to secure your booking.
6.4 Unless we specify otherwise, the surcharge invoice must be paid within 7 days of the date it is issued.
7. CHANGES BY YOU
7.1 You agree that you will, at least 60 days prior to your departure date, provide us with written notification (by email) of any requested changes you seek to make to your booking.
7.2 At our discretion, we can refuse any requests to change your booking when such requests are made within 59 days of the original departure date.
7.3 While we will use our best endeavours to accommodate any requested changes, we do not guarantee that any changes will be able to be made.
7.4 If we are able to accommodate the change(s) that you are requesting:
(a) such changes may attract an administration amendment fee of $200 per person in the currency of your ride invoice and additional costs imposed by suppliers;
(b) before any change is investigated and/or made, we reserve the right to charge you the administration amendment fee; and
(c) we will investigate whether the requested changes can be made subject to any issued invoices being paid in full by the due date and upon payment of the administration amendment fee. For clarity, we will not investigate requested changes if any invoices remain due and payable at the time of the request.
7.5 Upon investigation of whether the changes can be made, we will provide you with details of whether the changes can be made and, if there are additional fees / Surcharges to effect the changes, we will provide you with the details of such additional fees / Surcharges. Within 3 business days of being notified of the same, you must elect, in writing, whether you seek to proceed with the changes and that you agree to pay to us any additional sum of money due to cover the cost of any additional fees / surcharges that may apply. The time for payment of that money will be specified on the invoice.
7.6 In addition to clauses 7.1 to 7.5, if you have booked the Long Fairy Chimneys Tour in Cappadocia and you wish to change your departure date:
(a) your new departure date must be for the same ride;
(b) if you booked and received the early bird special rate, that special rate may not apply for your new departure date; and
(c) the new departure date must fall within 12 months of the date on which we receive notification of your request to change your booking.
For example: you have booked a ride with a departure date of 31 December 2017. You notified us by email sent at 5.05pm on 30 October 2017 that you wish to change your departure date, which we received on 31 October 2017 at 9.01am. In this situation, you will be able to choose a new departure date, subject to the original supplier’s availability, until 31 October 2018.
7.7 Additional supplier fees may also apply where a booking is changed. Where we incur any liability for a supplier fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee.
8. CANCELLATION BY YOU
8.1 Unless your booking is cancelled pursuant to clause 6.2(d) of these Terms & Conditions, if you cancel your booking for any reason:
(a) you must provide us with written notification of the cancellation; and
(b) all monies paid to us will be forfeited to us and shall not be refunded.
8.2 We will confirm, in writing, that your cancellation notice has been received.
9. CHANGES OR CANCELLATION BY US
9.1 We reserve the right to change or cancel your booking when it is necessary to do so, for example, in the event of a force majeure, or in the event that a third-party supplier changes/cancels your booking.
9.2 If we change or cancel your booking, we agree to:
(a) give you reasonable notice of the change(s) and / or cancellation(s) where it is possible to do so; and
(b) at our discretion, provide you with either:
(i) a credit voucher to be used with any of our third-party suppliers/outfitters; or
(ii) an offer to transfer your booking to a comparable alternative with the same third-party supplier/outfitter or an alternative third-party supplier/outfitter, where one is available.
9.3 If you agree to transfer to an alternative holiday and the alternative holiday is:
(a) less expensive, you will be entitled to a refund of the difference in price; or
(b) more expensive, you will be required to pay the difference in price within 7 days of agreeing to transfer your booking.
9.4 If you do not agree to transfer to an alternative holiday we will provide you with a credit voucher to be used with any of our third-party suppliers/outfitters.
9.5 All credit vouchers must be used within 24 months of the date on which the credit voucher is issued. A credit voucher is used when a booking is made using the credit voucher (i.e. the booking must be made within 24 months of the date of issue of the credit voucher, but the holiday can occur at a later date). If you use a credit voucher for a subsequent booking and the subsequent booking results in a change in price, you agree that:
(a) you will pay the difference between the value of the credit voucher and any increased price; and
(b) if the subsequent booking is for a price lower than the value of the credit voucher, you will not be provided with any further credit voucher or cash for the difference in price and the credit voucher will be deemed to have been redeemed in full.
9.6 As we are a booking agent, we do not actually provide the services included in your booking (holiday package). Therefore, if we are forced to cancel your booking (holiday) due to circumstances beyond our control, if any third-party supplier refunds us the money paid to such third-party supplier (subject to the third-party suppliers’ terms and conditions and clause 10), we shall pass that refund on to you minus a 20% administration cost of total ride price. We are unable to guarantee you a refund unless we are refunded such monies from the third-party supplier.
9.7 Our liability to provide you with a refund shall be limited to:
(a) the value of money that we obtain from any third-party supplier; and
(b) the fullest extent permitted by Turkey Law.
9.8 You agree that we are not liable or responsible for any loss or damage suffered if it is necessary to change or cancel your booking or any associated travel expenses due to events or circumstances beyond our control including, but not limited to, political unrest, war or threat of war, riots, civil strife, closure of airports or ports, flight cancellations or delays, industrial disputes, terrorist activity, natural disasters, fire, epidemic or health risks, Acts of God, adverse weather conditions and any other similar events.
9.9 If the third party supplier / outfitter for a holiday determines (acting in good faith) that a Rider does not have the experience and capability described in the Booking Form and their participation in holiday or specific activities in the holiday would impede the conduct of the holiday or activities or create a risk to the health and safety of any person, the third party supplier / outfitter may exclude the Rider from the holiday or those activities. In those circumstances, we are not required to refund any part of the monies paid to us and are not liable to you for any loss or damage suffered by you as a result.
10. OUR LIABILITY TO YOU
10.1 We take care to choose reputable third-party suppliers, and exercise skill and care in negotiating contracts on your behalf with those third-party suppliers when booking your holiday. However, we do not provide the services that you have booked as we are only a booking agent. For this reason, we do not accept, and hereby expressly reject all liability and/or responsibility for any loss or damage of any description, which you may suffer as a result of the acts or omissions of any third-party suppliers that we may engage on your behalf.
10.2 With respect to the services that we provide to you, nothing in these Terms & Conditions is intended to modify, limit or exclude any statutory warranty that you may be entitled to by operation of law (hereinafter referred to as Non-Excluded Guarantees).
10.3 Except as expressly set out in these Terms & Conditions or in respect of the Non-Excluded Guarantees, we make no warranty or other representation as to the quality or suitability of the services provided by us or any third-party supplier. Our liability in respect of any warranty is limited to the fullest extent permitted by law.
10.4 If you are a consumer within the meaning of the Competition and Consumer Act 2010 (CCA), our liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.
10.5 If you are not a consumer within the meaning of the CCA, our liability for any loss or damage arising out of the services we provide (or those provided by a third party for whom we may be liable), is limited to the following, but otherwise negated absolutely:
(a) a requirement to re-supply the service that we provided to you; or
(b) the amount you paid to us.
10.6 You agree to abide by the terms and conditions of the third-party suppliers. We agree to provide you with a copy of the applicable third-party supplier terms and conditions if you ask for them.
10.7 We will not be responsible for:
(a) any damage or loss of any description whatsoever which is caused by you or any Rider, or any other person travelling with you;
(b) death or any physical injury or harm suffered by a Rider;
(c) any loss/expense incurred as a result of any medical treatment or medical care provided during your holiday. Any necessary medical treatment or medical care will be provided at your expense;
(d) the quality of any medical treatment or medical care provided during your holiday. Any necessary medical treatment or medical care will be provided by medical providers that you choose or who are assigned by others to treat you;
(e) any consequential loss (including loss of enjoyment) caused by your failure to notify us of any special requirements or other matters (including inaccurate information) at the time you made your booking;
(f) any services which do not form part of our contract, including any additional services or facilities which we have not arranged for you; and/or
(g) any services that a third party fails, refuses or neglects to provide that is not due to any fault by us.
10.8 You hereby agree to irrevocably release, discharge and indemnify us against any and all third-party claims, actions, damages, suits and remedies which may be brought against us in respect of a claim that arises out of or relates to participation in the holiday by any person specified in the Booking Form.
11.1 You hereby agree and acknowledge that in the event of a third-party supplier being unable to pay its debts, or the bankruptcy or insolvency of a third-party supplier, in Turkey or abroad, then we shall terminate this agreement, bringing this agreement to an end. This means the liability is against the third-party supplier and that you do not have legal recourse against us in these circumstances.
11.2 If we have already paid the third-party supplier your booking costs or part thereof prior to a third-party supplier being unable to pay its debts, or prior to the bankruptcy or insolvency of a third-party supplier, our only obligation to you, is to refund you the booking costs of the trip that you have paid to us, less any booking costs we have paid to the third-party supplier. For clarity, this means booking costs we have paid to a third-party supplier will not be refunded to you and shall be forfeited by you.
12. SPECIAL REQUESTS AND MEDICAL PROBLEMS
12.1 If you have any special requests or medical problems, we recommend that you contact us before making your booking so that we can help you identify a holiday option that may be best suited to you. The provision of such advice by us is not intended to be, nor should it be interpreted as a representation or warranty that the particular holiday option will meet your needs, nor will it avoid or override the limitations of liability outlined in clause 10 above.
12.2 You agree to advise us, in writing at the time of making your booking, of any physical, medical or other special needs that you or any person specified on the Booking Form may have. We reserve the right to cancel your booking if you fail to do this and apply the cancellation charges set out in clause 8 above.
12.3 We will specifically confirm in writing (in your confirmation invoice) whether your special requests are able to be accommodated. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline your reservation.
13.1 We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Matters such as these are outside of our control.
14.1 You agree that all individuals specified on the Booking Form:
(a) and other travellers, Riders and suppliers have the right to enjoy a safe environment;
(b) will behave appropriately, both physically and verbally;
(c) will comply with the authority and decisions of any appointed tour/ride leaders or any other authorised person;
(d) will comply with the laws of the country in which you are travelling; and
(e) will be liable for, and indemnify us against, any claims made as a result of your behaviour, acts or omissions.
14.2 In the event of any breach of 11(a) to (e), we reserve the right to immediately and without notice cancel your holiday or any unused holiday services to be provided by third-party suppliers without refund.
14.3 If your holiday is cancelled in part or in full, you will be required to immediately leave your accommodation (or other service such as a ride) and make alternative arrangements. We will not assist you to make alternative arrangements and will accept no responsibility towards you and your travel party. A refund will not be provided for the cancelled portion of your holiday and we will not pay any costs or expenses that you may incur as a result of the cancellation.
15. SAFETY STANDARDS
15.1 You agree to comply with the requirements and standards of the country in which the services are provided.
15.2 You acknowledge that:
(a) Turkey has high safety standards, which may not apply in the country the services are provided; and
(b) the safety standards applicable in the country in which the services are provided may be lower than Turkey safety standards.
16.1 These Terms & Conditions shall be governed by and construed and/or enforced in accordance with the laws of Queensland, Turkey. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, and the Courts of competent jurisdiction to determine appeals from those Courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms & Conditions.
17. PRIVACY AND DATA PROTECTION
17.1 We cannot complete your booking without providing your personal information (such as your name, contact details, payment details and any medical/special needs requests) to suppliers. These suppliers may be located overseas, for example, where your booking involves international travel. By completing our Booking Form with personal information and making a booking with us, you (and all members of the travel party included on the Booking Form) consent to us collecting, using and disclosing your personal information to relevant third-parties, including those who are located overseas.
17.2 You agree that:
(a) all persons included on the Booking Form have consented to providing their personal information to us;
(b) we are permitted to disclose your personal information to overseas recipients where it is necessary to do so to book your holiday; and
(c) we are not required to ensure that any third-party complies with Turkey privacy laws; and
(d) we are not accountable for how any third-party handles your personal information.
17.3 If you withdraw the consent provided under this term of the Terms & Conditions, we may not be able to complete your booking and may, at our discretion, treat this as a cancellation in which case the cancellation fees set out in clause 8 above will be payable.
18. TRAVEL INSURANCE POLICY
18.1 Once you have paid your deposit in accordance with clause 2 above, you agree to:
(a) take out comprehensive insurance cover which covers horse riding and related activities, cancellation of the holiday, inability to participate because of cancelled or delayed travel, personal injury, death, medical expenses, severe weather events, repatriation expenses and evacuation expense irrespective of whether you are travelling in your home country or abroad; and
(b) provide us with the details of your travel insurance policy including the name of the insurer, policy number and emergency contact number before your departure date.
18.2 We recommend that your travel insurance policy also covers personal liability, loss of luggage and personal effects.
18.3 We accept no responsibility or liability for your failure to take out appropriate insurance, or for any inadequacies in the scope of that insurance coverage.
19. READ DOWN
19.1 If any of these Terms & Conditions are deemed void, invalid, illegal or unenforceable, they will be read down to the extent necessary to ensure that they are not void, invalid, illegal or unenforceable, but if that is not possible, they will be severed from the Terms & Conditions and the other terms will remain valid.