Terms and Conditions
Please read these booking conditions carefully as they form the basis of your contract with QH Tours (UK) Limited trading as Qantas Holidays. Highlighted sections of these booking conditions apply only to ‘packages’ and flight only arrangements covered by Air Travel Organisers License (ATOL) number 3089. A package means a combination of any two of the
following three items when booked with QH Tours (UK) Ltd at the same time.
(a) Transport.
(b) Accommodation.
(c) Other tourist services forming a significant part of the holiday arrangements.
1. Booking Your Holiday and Payment:
All bookings are accepted on the express understanding that all persons on whose behalf a booking is made accept these booking conditions and that the person making the booking is authorised to do so on behalf of all such persons. A deposit of £200 per person is payable at the time of booking. (The majority of scheduled airfares and some land products carry specific deposit/payment conditions and you will be advised the details at your time of booking.) We further strongly recommend that you take out insurance and pay all applicable insurance premiums at the time of booking. If you are making your booking 60 days or less before departure, the full cost of your chosen holiday arrangements is payable immediately.
Your travel agent will confirm your chosen arrangements by issuing our official Confirmation Invoice/Booking Confirmation which will be sent within seven days of confirming your booking. Please carefully check this confirmation together with all other documents received to ensure they fully accord with your instructions. If you have any queries, you must advise your travel agent immediately. A request for the balance of the cost of your chosen arrangements will be sent to you following confirmation of your booking. We must receive this balance not later than 60 days prior to departure. If for any reason the balance is not received by us in full by the due date, we reserve the right to treat your booking as cancelled by you and apply the cancellation charges
set out in clause 9 below. If you book your holiday with us through a travel agent, all monies paid by you to the travel agent are held by the travel agent on our behalf.
2. Your Contract:
A binding contract between us will come into existence when you receive our Confirmation Invoice/Booking Confirmation, which will be issued within seven days of confirming the booking. These booking conditions form a basis of that contract. They may only be varied by a director of Qantas Holidays in writing. Your contract is governed by English law and is subject to the exclusive jurisdiction of the Courts of England and Wales, unless the customer chooses those of Scotland or Northern Ireland.
3. Price Policy:
(a) All prices are based upon exchange rates as of 15th March 2008
(b) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(c) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking.
(d) After a Confirmation Invoice has been issued, unless you choose to pay for your holiday in full at the time of booking (see paragraph 4(e) below), the price of your holiday is, regrettably subject to the possibility of surcharges in certain limited circumstances. However, a surcharge will only be levied solely to allow variations in transportation costs, including costs of fuel, increases in normal published airfares, taxes or fees chargeable for services such as landing taxes at airports, the exchange rate applied to the particular package or if the UK or overseas government or regulatory body introduce or increase taxes. Even then the company will absorb an amount equal to 2% of your holiday price (excluding amendment charges) before passing on any surcharge to you. Only amounts in excess of this 2% will be surcharged. There will be an administration charge of £10 per person (together with an amount to cover your travel agent’s commission, if applicable). Surcharges will be notified by a revised Confirmation Invoice sent to you (or your travel agent).
(e) If a surcharge would increase the total holiday price shown on your original confirmation invoice by 10% or more you may cancel your booking within 14 days of the date of issue of the revised invoice and obtain a full refund of all payments made to the company and any amendment charges previously incurred.
(f) Optionally you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by the company at that time. To qualify for this benefit you should return the Confirmation Invoice to the company with full payment to reach the company within 7 days of the date when the Confirmation Invoice was first posted to you.
(g) The financial commitments offered above by the company mean that the company is not able to reduce holiday prices should the value of the £ strengthen.
4. Consumer Levies:
The price of your arrangements may be subject to a levy for the Air Travel Trust Fund. At the time of printing, we have been advised of the possibility of the introduction of consumer levies to provide additional financial protection for the holidays and other arrangements in this brochure. If a levy is introduced which applies to your chosen arrangements, it will be shown separately on your invoice. This levy will be payable in full as it is not subject to the provisions on surcharges set out in clause 4 above.
5. Single Price:
This must be paid where one person is traveling alone by choice or circumstance and occupying their own room.
6. Minimum Booking Requirement:
QH Tours (UK) Ltd will accept bookings for flights with or without land arrangements, or for land arrangements only. There is no minimum duration for land arrangements. Most excursion or special airfares have a ‘minimum stay’ condition in the destination. Please check at the time of booking.
7. Amendment by You:
Should you wish to make any changes to your booking after it has been confirmed, please advise your travel consultant as soon as possible in writing. We will endeavor to assist although we cannot guarantee that requests for amendment can always be met. Where an amendment can be made, a fee of £50 plus any further charges that are incurred by us as a result of the amendment will be charged. An amendment constitutes a change to the existing booking. A request to transfer to another holiday or to other arrangements will be treated as a cancellation incurring cancellation charges as set out in clause 8.
8. Cancellation by You:
Should you or any member of your party be forced to cancel, you must advise your travel agent in writing as soon as possible. The letter must be signed by the person who made the original booking. The cancellation is not effective until your travel agent receives this letter. To compensate ourselves and our suppliers for the estimated costs, expenses and losses we will incur as a result of the cancellation, the following cancellation charges will be payable per person in the event of cancellation or failure to travel except in relation to the arrangements specified below where different cancellation charges apply.
Period of departure within
which written notification
of cancellation is received
by your travel agent ................. Cancellation Charges
Prior to 60 days ..................................... Deposit forfeited
60-31 days ........................................ 30% of total price*
30-15 days ........................................ 60% of total price*
14-2 days .......................................... 75% of total price*
1 day or less .................................... 100% of total price*
*or deposit, whichever is the greatest.
The above cancellation charges are calculated as a percentage of total price of the cancelled arrangements excluding insurance premiums and any amendment charges which are non-refundable in the event of your cancellation. Where the arrangements specified below have been booked, the following cancellation charges will apply:
The Sunlander - Rail
a) 2-7 days prior to departure - 50% of total price
b) 1 day or less - 100% of total price
Indian Pacific/The Ghan - Rail
a) 4 weeks prior to departure - 100% of total price
Captain Cook Cruises - Reef Endeavour (Australia)
a) 30-15 days before departure - 50% of cruise price.
b) 14 days or less before sailing - 100% of cruise price.
Coral Princess Cruises
a) 30-14 days before sailing - 20% of cruise price.
b) 13-7 days before sailing - 35% of cruise price.
c) 6 days or less before sailing - 100% of cruise price.
AAT Kings Tours and Australian Pacific Tours
a) 42-15 days prior to departure - 20% of tour price.
b) 14-5 days prior to departure - 35% of tour price.
c) 4-2 days prior to departure - 60% of tour price.
d) 1 day or less prior to departure - 100% of tour price.
Newmans Holidays (New Zealand)
a) 42 days or more prior to departure - Deposit forfeited.
b) 41-7 days prior to departure - 25% of tour price.
c) 6-2 days prior to departure - 50% of tour price.
d) 1 day or less prior to departure - 100% of tour price.
Maui Campervans (Australia and New Zealand)
a) 24-6 days prior to pick up - 15% of total price.
b) 5-0 days prior to pick up - 50% of total price.
(If vehicle returned early - no refund available).
Captain Cook Cruises - Reef Escape (Fiji)
a) 30 to 15 days before sailing - 50% of cruise price.
b) 14 days or less before sailing - 100% of cruise price.
Fiji and Tahiti Island Resorts
Specific cancellation charges may apply. Please ask your travel agent for further details.
Air Content
Cancellation of flights may be subject to charges imposed by the airline as required by International Airline Regulations.
Please Note: You may be able to recover any applicable cancellation charges from your insurance company if the reason for your cancellation is covered by any insurance policy you have taken out.
9. Changes by Us:
We reserve the right to make changes to your booked arrangements and our brochure at any time both before and after bookings have been confirmed. Most changes will be minor ones. Occasionally, it is necessary to make a significant change. A significant change is one made before departure involving a change of flight time by more than 12 hours, a change of departure airport to one which is more inconvenient for you, a change of accommodation to that of a lower category and price, a significant change of resort area and in the case of tours, a significant change of itinerary. All other changes are treated as minor changes. In the event of a significant change, we will advise your travel agent as soon as possible and give you the choice of:
a) Accepting the changed arrangements as notified to you; or
b) Purchasing different arrangements from us, of at least the same standard if available (with you paying or receiving a refund in respect of any price difference); or
c) Cancelling your arrangements and receiving a full and prompt refund of all monies paid to us.
If we have to make a significant change within 60 days of departure, we will in addition pay you compensation in accordance with the scale set out below (providing we have received full payment from you), except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances may include those amounting to ‘force majeure’ as set out in clause 13 below. Compensation is not payable in the case of minor changes. Minor changes further do not entitle you to cancel or change to another holiday without paying our normal charges.
Period before scheduled
departure date within which
a significant change or
cancellation is notified to .................... Compensation
you or your travel agent ........................... per person
More than 60 days ...................................................... Nil
60-29 days ................................................................ £10
28-15 days ................................................................ £20
14 days or less .......................................................... £30
10. Changes of Accommodation after Departure:
We do not control the day to day management of your accommodation. It is possible that we may be advised that your reserved accommodation is not available after you have departed on holiday. If this occurs, we will endeavour to provide accommodation of at least the same standard in the same resort area. If only accommodation of a lower standard is available, we will refund the difference in the price of the accommodation booked and that available and will pay you £30 per person compensation.
11. Cancellation by Us:
Occasionally it may be necessary to cancel previously confirmed arrangements, which we reserve the right to do. Where your arrangements are cancelled other than due to your default in payment, we will offer you the choice of either purchasing alternative arrangements, of at least the same standard if available (with you paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us. Except where you fail to make payment in full and on time, we will not cancel less than six weeks before departure unless we are forced to do so as a result of ‘force majeure’ as defined in clause 13. Very rarely, we may be forced to curtail your arrangements after the date of departure where circumstances amounting to ‘force majeure’ as defined in clause 12 below occur. In this very unusual situation, we regret we cannot make any refunds (except where these are obtained from the relevant supplier(s), pay any compensation or be responsible for any costs or expenses you may incur as a result.
12. Force Majeure:
We regret we cannot accept liability and no compensation will be payable if the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to ‘force majeure’. Circumstances amounting to ‘force majeure’ include any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, terrorist activity and all similar circumstances beyond our control.
13. Our Responsibility for your Holiday
a) Quality
Please Note: This clause only applies to ‘Packages’ as defined at the beginning
of these booking conditions.
We always do our best to make sure your chosen arrangements are satisfactory. We will accept
responsibility and pay compensation if the services which form part of your holiday are not provided as promised, due to the fault of our suppliers, agents or contractors, and this has affected the enjoyment of your holiday as a result. We further accept responsibility for the acts and/or omissions of our employees, agents, suppliers and subcontractors (providing they were at the time performing duties authorised by us) except where they lead to death, injury or illness which is dealt with in clause 13(b) below. Our liability is however limited to twice the value of the arrangements booked with or through us (excluding insurance premiums and amendment charges) of the person(s) affected in total. This clause is subject to clause 12 above.
b) Death and personal injury
Please Note: This clause only applies to ‘Packages’ as defined at the beginning
of these booking conditions.
We accept responsibility should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time performing duties authorised by us) except where the failure to perform or improper performance was due to:-
(i) your own acts and/or omissions; or
(ii) those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable; or
(iii) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled, even with all due care. Where any payment is made, you must assign to ourselves or our insurers any rights you may have to pursue any third party. You must further co-operate with ourselves and our insurers.
c) Negligence
We always do our best to make sure that your holiday arrangements are satisfactory. We accept liability for any loss or damage sustained by you as a result of our negligence or that of our employees or agents (providing they were at the time performing duties authorised by us). Save where expressly provided in these booking conditions, we cannot accept any liability of whatever nature for the acts and/or omissions (whether negligent or otherwise) of any airline, coach operator, shipping company, hotelier or other person or body who provide services for you.
d) Carriers and providers of accommodation
In all cases, any liability we have in relation to any air, sea, rail or road carrier or provider of accommodation is limited as if we were carriers/providers of accommodation within the appropriate international convention.
e) Death or injury by misadventure
Please Note: This clause only applies to ‘Packages’ as defined at the beginning of these booking conditions.
Should you or any member of your party suffer personal injury, illness or death by misadventure as a result of an activity which does not form part of your confirmed arrangements with us, nor an excursion booked through us, we will provide you with every assistance we can. This assistance may, in our absolute discretion, include financial assistance with initial legal costs to enable you to take proceedings against the third party responsible. Any such assistance must however be requested within 90 days of the date of misadventure. All assistance is provided subject to a maximum total cost to ourselves of £5,000 per booking. In addition, if the person concerned should be successful in obtaining a costs order against any third party or if you are able to claim under any insurance policy(s) you may have, we will be entitled to recoup from you the costs actually incurred by us.
14. Complaints:
If you are unhappy about any aspect of your arrangements, please inform our local representative or agent together with the supplier of the service concerned immediately. They will do everything possible to resolve the problem on the spot since it may prove difficult to take any effective action upon your return. If a problem remains unsolved then a written report must be obtained from either the supplier or our local representative or agent, explaining the details of why the problem was not resolved. If you remain dissatisfied, you should write to our Customer Relations Department, 395 King Street, Hammersmith, London, W6 9NJ giving full details of your complaint within 28 days of your return to the UK. The failure to notify QH Tours (UK) Ltd of your complaint within the stated time period could affect your claim, as we will have been deprived the right to fully investigate the issue. Please keep your letter concise and to the point. This will assist us to quickly identify your concern and speed up our response to you.
15. Arbitration:
Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
16. Air Travel:
Participating carriers in the tours shown on this website are Qantas, British Airways, Jetstar, Air Pacific and Air Tahiti Nui*. A change of airline, aircraft type or airport destination will be treated as a minor change not entitling you to cancel without paying the normal cancellation charges. All flight times shown in our brochure or given at the time of booking are subject to change. Please ensure you carefully check all travel documentation and information relating to your arrangements as soon as it is received by you. Qantas and British Airways do not themselves by virtue of their endorsement of this brochure represent themselves as either contracted with any purchaser of a tour from QH Tours (UK) Ltd or as having any other legal relationship with such a purchaser. In providing you with this holiday Qantas Holidays acts as principal and not as agent for British Airways PLC and British Airways Holidays Limited.
This website is our responsibility. It is not issued on behalf of and does not commit the airlines mentioned in it or any airline whose services are used in the course of any tour or other arrangements. Please note that in accordance with Air Navigation Orders, an infant must be under two years of age at the date of their return flight. * Within Asia it is necessary to use the services of alternative airlines on routes not operated by Qantas or British Airways.
17. Fare Conditions:
The flight departures for the inclusive holidays featured on this website are by scheduled air carriers. Certain fare conditions may apply and are available on request.
18. Conditions of Suppliers:
In respect of all services, the conditions of the supplier concerned (e.g. airline, coach operator, hotelier or other supplier) will apply. Such conditions will often limit or exclude the supplier’s liability to you in respect of death, personal injury, delay and loss or damage to luggage usually in accordance with applicable international conventions. Copies of these conditions are available direct from the suppliers concerned.
19. Flight Delays:
Please Note: This clause only applies to ‘Packages’ as defined at the beginning of these booking conditions.
In the event of a flight being delayed, we will arrange the following to be provided whenever practical, subject to the airport being able to cater for this. Over four hours: appropriate main meals. Over eight hours extending beyond midnight: overnight accommodation will be provided whenever possible but will depend on such factors as expected length of delay, local availability of accommodation and immigration rulings.
20. Refunds:
No refund is available for cancellation after any tour or other arrangements have commenced or in respect of any tours, accommodation, meals or any other services, which are not utilised in whole or in part.
21. Pre-departure Contact:
It is essential that you provide us or your travel agent with a telephone number or address where you can be reached at any time prior to your departure in the event of late changes or any other problems.
22. Website Validity:
This website is valid from 1 April 2008 - 31 March 2010 or until QH Tours (UK) Ltd issues revised details.
23. Special Request:
If you have any special requests, please ensure you notify these to your travel agent in writing at the time of booking. We will endeavour to pass such requests on to the supplier(s) concerned. We regret however that we cannot guarantee special requests will be met, and failure to do so will not be a breach of contract on our part.
24. Consumer Protection:
QH Tours (UK) Ltd holds an Air Travel Organisers Licence (ATOL number 3089) granted by the Civil Aviation Authority. The Authority checks our finances and requires us to arrange a bond which protects money paid to us for air holidays. Other holidays are protected by the Association of British Travel Agents under bond number V3313.
25. Data Protection Policy:
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we and your travel agent need to use the information you provide such as name, address and any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers
of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in the United Kingdom. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
Please Note: That where information is held by your travel agent, this is subject to your agent’s own data protection policy.
Your data controller is QH Tours UK Ltd. You are entitled to a copy of the information held by us.
We may make a small charge for providing this to you.
26. Your Financial Protection:
The air holiday packages and flights shown are ATOL protected by the Civil Aviation Authority. Our ATOL number is ATOL 3089. Please see our booking conditions in our brochure for more information.
27. Prices shown in this brochure are a guide only and subject to exchange rate fluctuations. Before you make a booking we will give you the up-to-date price of your chosen holiday. Bonus and value offers are also subject to change at any time.
