TERMS & CONDITIONS
Your overall contract is with Flower Travel Pty Ltd registered in the state of Victoria, Australia. Flower Travel is a full member of the Australian Federation of Travel Agents (AFTA) and an accredited agency under AFTA’s ATAS scheme.
Flower Travel Pty Ltd act as an agent for other companies and in such cases the contract terms of such companies applies.
In regards to bookings on the Golden Eagle Luxury Train your booking is with Golden Eagle Luxury Trains Limited a company registered in England and Wales (Company Number 02567148) whose registered office is at Denzell House, Dunham Road, Altrincham, Cheshire WA14 4QF. VAT number is 603 554365. Please read carefully the following conditions to which your booking is subject (“Booking Conditions”). Please also ensure that you have carefully read and understood the relevant tour itinerary, and the pre-departure information featured on our website.
1 QUALITY STANDARDS & FLEXIBILITY
1.2 Please be aware that some of the facilities you encounter on our tours may not be to the standard which you may find on a conventional holiday or at home, except for the hotels and trains we use. We often travel in areas which, relatively speaking, have seen few tourists and the infrastructure is often not fully developed. Whilst services are improving, you should expect to encounter problems with plumbing, bureaucratic service, unpaved and uneven surfaces, the non-availability of public restrooms and similar.
1.3 Please be aware that in operating our tours we rely upon other people and businesses. Tours do not always run as planned and, whilst we will always try our best to stick to the planned itinerary, please treat it as a guide rather than a strict timetable. Although we cannot always please all parties when changing an itinerary, our clients should anticipate changes being required.
2 CONFIRMATION OF BOOKING
2.2 A Booking Confirmation, ATOL Certificate and Invoice will be sent to you or, if you booked through an agent, to your agent upon receipt of the Booking Form (if appropriate) and deposit. Your Invoice will specify exactly what has been requested by you or your travel agent and it is your responsibility to check the Invoice and advise us, or your travel agent, immediately in the event of any error as changes cannot be made later.
2.3 Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
3 TRAVEL INSURANCE
4 PAYMENT & PRICE VARIATION
4.1 We reserve the right to alter the prices of tours shown in our brochure and or on our website. You will be advised of the current price of the tour prior to the Booking Confirmation.
4.2 You must provide the deposit stated within 7 days on making a booking, upon receipt of the initial invoice. Deposit amounts may vary dependant on the tour and cabin type. The deposit amounts are indicated for each tour on the price grid, but may be subject to change.
4.3 We accept payment by cash, cheques, bankers’ drafts and credit cards. Payment by standard Australian issued Master Card is subject to a 1.3% surcharge. Payment by Australian issued Visa Card is subject to a 1.5% surcharge and payment by American Express is subject to a 2.2% surcharge. The surcharge amounts cover the merchant fees charged to us in order to accept such payments (as set out in the Cost of Acceptance Statement from our payment facilitor) as well as costs associated in managing the risk and occurrences of fraud and also insurance for forward delivery risk. Flower Travel is fully compliant with the Reserve Bank of Australia, Standard No. 3 Of 2016 Scheme Rules Relating to Merchant Pricing for Credit Debit and Prepaid Card Transactions. All our prices are in Australian dollars and credit cards will be debited in that currency. Please note we have no control over exchange rates used by card issuers and any quote made in currencies other than Australian dollars is for comparison purposes only.
4.4 If you do not supply the correct credit or debit card billing address and/or cardholder information, the issue of your tickets may be delayed and the overall costs may increase. We reserve the right to cancel your booking and levy cancellation charges if payment is declined or if you have supplied incorrect credit card information. We also reserve the right to undertake checks (including the electronic roll) in order to minimise credit card fraud.
4.5 Trip prices are in US Dollars. Payment is made in Australian Dollars, based on the prevailing rate of exchange on day of payment.
4.6 We must receive the balance due in relation to the tour at least 90 days prior to the tour departure date or in full, upon receipt of the invoice, if the booking is made 90 days or less from the tour departure date. If full payment is not received in cleared funds 90 days prior to the tour departure date then we reserve the right to treat the booking as cancelled and we will retain your deposit(s).
4.7 We do not expect to make surcharges or partial refunds. When the price of your chosen arrangements has been confirmed, then, subject to the correction of errors, we will only increase or decrease the price due to changes in transportation costs (including the price of fuel); and to changes in the currency exchange used to calculate your arrangements; and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to the Company (except for any amendment charges) or alternatively purchase another holiday from us as referred to in Clause 7 (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price),. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel your holiday or choose an alternative holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. We promise not to levy a surcharge within 30 days of the start of your tour. No refunds will be made within this period either.
5 YOUR CHANGES TO A TOUR
6 YOUR CANCELLATION OF A TOUR
Cancellation 61 days or more prior to tour departure date – Loss of deposit paid or due
Cancellation 60 days or less prior to tour departure date – 100% of the total cost of the holiday
NOTE: If the reason for your cancellation is covered under the terms of your Travel Insurance policy you may be able to reclaim cancellation charges under your Travel Insurance.
7 OUR CHANGES TO A TOUR
7.1 All the facts in the tour brochure have been checked for accuracy before publication. However, arrangements for our tours are made many months in advance and occasionally changes may have to be made (including but not limited to the cancellation and/or substitution of guest speakers) and we reserve the right to do so at any time. Most of these changes will be minor (e.g. a modified service of carriages attached to a regular service train) and we will advise you or your travel agent of them as soon as possible. In the event of any major changes (e.g. a change in price equal to or exceeding 10% (unless such increase is due to events beyond our reasonable control), a change of outward departure time or overall length of time you are away of twelve or more hours, a change to accommodation of a materially lower standard, a significant change of itinerary missing out one or more major destinations substantially or altogether, a change of UK airport (excluding change of London airports) flight time by more than 12 hours) you or your travel agent will be informed of these at the time of booking or as soon as possible, if there is time before your departure and the provisions of clause
7.2 shall apply. 7.2 If a major change to your tour becomes necessary you may either: (a) accept the changes; (b) accept an alternative tour of a comparable standard from us if we have a suitable tour available (we will refund the price difference if a tour of lower price is taken); or (c) accept an alternative tour of a superior standard from us if a suitable tour is available provided that you pay the price difference; or (d) cancel your reservation and receive a full refund. You must inform us of your decision as soon as possible. Where you choose option (a), (b) or (c) (you accept the changes) we will inform you of any additional costs before you make your decision and reserve the right to charge you for any additional charges incurred by us in making those changes. Where you choose option (d) the provisions of clause 8.2 may apply (save for the “major change” being an increase in the price of 10% or more).
7.3 Due to changes in airline schedules, or other operating reasons after our tours are booked, it is sometimes necessary to change the airline, airport or aircraft notified to you or your travel agent. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change and the provisions of clause 7.1 (as appropriate) shall apply. Other examples of minor changes include alteration of your outward / return flight by less than 12 hours and or changes to aircraft type.
7.4 On rail tours that include haulage by specific locomotives, travel in specific carriages, or on specific lines, whilst every effort will be made to ensure that these features are provided as advertised, there can be occasions when, for reasons outside of our control, the specific features cannot be provided. In this situation we will endeavour to provide alternative traction, accommodations or routing such as the circumstances allow. If we cannot make suitable alternative arrangements or if you refuse to accept these for good reason, we will arrange to transport you back to your tour departure point or to the point our contracted services commenced as soon as we reasonably can.
7.5 However, we and our agents at all times reserve the right to make such substitutions in relation to aspects of the tour for mechanical, operating or other matters required for reasons beyond our reasonable control (such as any war or terrorist activities (threatened or actual), riot, civil unrest, closure of airports, industrial action (threatened or actual), political conditions, natural or nuclear disaster, fire, adverse weather conditions, changes to or cancellation of air, river, sea or rail services or any other events outside our reasonable control).
7.6 We reserve the right on occasions (at our sole discretion), due to effective load management procedures on the train, to provide cabin upgrades for selected passengers without additional charge. Such cabin upgrades are not guaranteed, cannot be requested and may only be notified on the first day of the tour.
7.7 We and our agents at all times reserve the right, without liability to you, to cancel and or amend any programme of guest speakers without notice to you. For the avoidance of doubt, you shall not be entitled to cancel your tour and or any refund of monies paid by you, due to the cancellation and or amendment to a programme of guest speakers. In the event that you cancel your tour due to such reasons, the cancellation charges set out in clause 6.1 shall apply.
8 OUR CANCELLATION OF A TOUR
8.2 We will pay you reasonable compensation for cancelling a tour save where it is done for (i) unusual and unforeseeable circumstances beyond our reasonable control (and which could not have been avoided even if all due care had been exercised), (ii) your failure to pay the final balance of the price of the tour or (iii) (because our tours are based upon an economic minimum number of passengers) if a minimum number of travellers is not reached. We recommend that you take out insurance with cancellation cover and do not make arrangements incidental to the tour more than 60 days prior to scheduled tour departure date.
9 TRAIN SCHEDULES & FLEXIBILITY
9.2 No refunds will be made if time constraints dictate that elements of the cultural and sightseeing program or route are reduced to maintain our overall schedule or if any accommodation, sightseeing, meals or services are not utilised.
10 OTHER CONDITIONS
10.2 Conditions of Suppliers: Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
11 VISAS, AIR TICKETS & PASSPORTS
11.2 Generally a full passport with at least 6 months validity from the end of the tour is required for all our tours. However, it is your responsibility to check your passport, visas and air tickets to ensure that they have been issued correctly for the correct dates and to advise us, or your travel agent, immediately in the event of any error. Any guidance we provide is provided in good faith however you and other members of your party should ensure that you obtain all the necessary documentation and visas prior to departure as we accept no responsibility if you cannot travel or for the refused or delayed entry of a passenger into a country because of incorrect documentation and/or you have not complied with any passport, visa or immigration requirements. Any repatriation charges will be the responsibility of the passenger.
12 TRAVEL DOCUMENTS
13 BAGGAGE ALLOWANCE
13.2 Where private aircraft are included in the tour itinerary there will be a baggage maximum weight limit which will be advised to you approximately 90 days prior to the tour departure date.
14 OUR LIABILITY TO YOU
14.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the occurrence of which could not have been avoided even if all due care had been exercised;
(d) an event which either ourselves or our suppliers could not, even with all due care, have foreseen or forestalled.
14.3 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
iv) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. You agree to co-operate fully with us in respect of any legal proceedings which we may take against a third party in relation to the non-performance or improper performance of the services involved in providing the tour supplier.
v) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
vi) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; or (b) relate to any business.
14.4 Excursions or other tours not provided by us that you may choose to book or pay for whilst you are on our tour are not part of the tour provided by us. For any such excursion or tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of such excursion or tour or for anything that happens during the course of the provision by the operator.
14.5 Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your tour cost from us. Your right to a refund and or compensation from us is set out in Clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.
15 HELP & ASSISTANCE
16 UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES (FORCE MAJEURE)
Flower Travel will advise all parties concerned of the cancellation of a tour due to unavoidable, extraordinary circumstances as soon as practically possible.
17 SAFETY ON RAIL TOURS
18.2 Passengers are expected to behave in a reasonable manner toward other passengers, our personnel and other persons with whom passengers have contact during our tour. We reserve the right at our absolute discretion to terminate without notice the tour arrangements of any passenger whose behaviour is such that it does or is likely to, in our reasonable opinion, or in the opinion of any airline pilot, Tour Manager, accommodation owner or manager, their servants or agents or any other person in authority, cause distress, damage, danger or annoyance to any of our other customers, employees or any other person, or to cause damage to property. In these circumstances we may require that the relevant passenger leave the tour as soon as practicable. In such circumstances we will not be liable for any refund, compensation or costs incurred by you and or the relevant passenger whatsoever.
19 CONSUMER PROTECTION
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If you book arrangements other than an ATOL protected flight or package holiday from us, your monies will not be financially protected. Please ask us for further details.
20.2 A moderate degree of physical fitness is needed to participate in our tours, which are rated as moderate to rigorous touring due to the daily walking involved and the overall shortcomings of the tourism infrastructure. You may encounter unpaved sidewalks, uneven surfaces and problems getting on and off trains (perhaps due to low platforms, steep steps and gaps between the platform and the train). On the trains used for the tour, restaurant, bar and shower cars may be some distance from your sleeping car and although we use reasonable endeavours to arrange porterage you may have to carry your luggage for short distances. Flexibility, a sense of humour, the ability to walk at least a mile a day and keep up with your fellow passengers will be essential components to the enjoyment of your tour.
20.3 In the event that we (at our sole discretion) agree to accept a booking from a passenger who uses a wheelchair, due to the poor facilities available to disabled passengers in many countries visited during the tour and the characteristics of the tour facilities set out in Clause 20.2 above, such passengers must be accompanied for the duration of the tour by at least one person who is willing to push that passenger’s wheelchair when required.
20.4 Passengers should refer to guidance published by the Department of Health which is available from travel agents or from the Department of Health and see www.doh.gov.uk. All passengers should check with their doctor before departure as to which inoculations are considered necessary or recommended for the area in which you will be travelling during the tour. Such precautions do not take the place of insurance. In some foreign countries the standard of hygiene and safety may differ from those in the UK. For your own protection you should take particular care with hygiene and to what you eat and drink whilst abroad.
20.5 If in the reasonable opinion of any person in authority (including our Tour Manager acting in accordance with the opinion of a medical practitioner), your physical and or mental condition means that you should not continue with the tour we may require that you leave the tour as soon as practicable. In such circumstances, we will not be liable for any refund, compensation or costs incurred by you whatsoever.
21 DATA PROTECTION
21.2 We would like to hold information (including email address), where collected by us, for our own future marketing purposes. If you do not wish to receive such approaches in future, please inform us as soon as possible.
21.3 You acknowledge and understand that from time to time photographers and or film makers may be present during the tour, and images produced by such photographers and or film makers may feature you and other passengers (the “Images”). You herby grant to us permission to use such Images throughout the world for any of our commercial or non-commercial purposes in all and any media, in its original format or edited or altered in any way which we deem appropriate. You also confirm that you consent to us storing copies of the Images for the purposes set out in this Clause 21.3 and or transferring such Images to a destination outside the European Economic Area (the “EEA”) or storing them at a destination outside the EEA for the purposes set out in this Clause 21.3.
23.2 We strongly recommend that you communicate any complaint to the supplier of the relevant services and our representative without delay and complete a report form during the tour. If you do not follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during the tour and this may affect your rights under these Booking Conditions.
24 LAW & JURISDICTION
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