Limelight Arts Travel - Terms and Conditions

Valid from 9.11.2023
Last updated 13.02.2024

When you book on one of Limelight Arts Travel's tours, this version of the terms and conditions applies as at the date of your initial booking.

Deposits
For each tour, we require a non-refundable per person deposit to confirm your booking on the tour. The deposit amount required is specified in the tour information.

For tours where we need to make substantial payments in advance, including but not limited to ticket payments for performances, we may require a second non-refundable per person deposit. Where this is applicable, the tour information will specify the second deposit amount required.

Final payment
We require final payment of the balance of a tour price (being the full tour price less the deposit) within 75 days of departure. When a tour requires substantial payments to be made in advance, including but not limited to ticket payments for performances, the final payment may become due earlier than 75 days prior to departure; this due date will be noted in the tour information.

Please note that a surcharge may apply to any payments made by credit card.

Failure to make a final payment by the due date may result in the cancellation of your booking and the loss of your deposit.

Cancellation by you
If you decide to cancel your booking before your tour commences, the following charges will apply calculated from the day we receive your written notification of the cancellation:

• more than 75 days before the tour commences: forfeiture of all deposits paid*+

• 75-31 days before the tour commences: you must pay 50% of the total amount due for the tour#+

• 30 days or less before the tour commences: you must pay up to 100% of the total amount due for the tour^+

* You may also be liable, as an additional charge, to pay for any cancellation fees imposed on us by third parties for flights and/or additional accommodation and services relating to you (whether for before or after the tour) that are non-refundable or additional amounts we must pay.

# Your deposit and final payment amount will be credited against the amount payable by you. You may also be liable, as an additional charge, to pay for any cancellation fees imposed on us by third parties for flights and/or additional accommodation and services relating to you (whether for before or after the tour) that are non-refundable or additional amounts we must pay. You will be refunded the balance of the final payment amount (if any).

^ Your deposit and final payment amount will be credited against the amount payable by you. We will recover from our suppliers as many of the third-party costs as we can for facilities and services relating to you and credit those to you. You may also be liable, as additional charges, to pay us:

• a pro-rata proportion of any costs that are shared across all members of the tour you cancelled (unless we have been able to find another person to replace you on that tour); and

• for any cancellation fees imposed on us by third parties for flights and/or additional accommodation and services relating to you (whether for before or after the tour) that are non-refundable or additional amounts we must pay.

You will be refunded the balance of the final payment amount (if any).

+ If you request, we will credit up to $1,000 of your deposit to another tour departing within 12 months of the departure date for the original tour you booked.

Other than for the reasons expressly set out in the following paragraphs, if you decide to leave a tour after the tour commences, we have no obligation to refund to you any of the monies you paid to us for any part of the tour that you do not participate in.

Cancellation by us
We reserve the right to cancel a tour before it commences at any time.

Should we cancel the tour before it commences as a result of Force Majeure, please see Force Majeure clause below.

Should we cancel the tour before it commences because of reasons beyond our reasonable control that are not Force Majeure events, including if the nominated tour leader suffers an illness that prevents the tour proceeding, the nominated tour leader dies or a member/s of the tour party does anything that leads or will lead to the tour being aborted, then:

• you will receive a refund of the full amount paid by you for the tour MINUS:

o   costs incurred by us that we cannot recover from third party suppliers;

o   an administration charge equal to 10% of the deposit; and

o   any credit card fees; or

• we may offer you a credit in the form of a substitution of a similar tour at a later date for your original tour or, where no suitable alternative tour is available, a credit voucher for a tour with Limelight Arts Travel at a later date. Credit voucher amounts exclude costs incurred by us and are limited to the amount we can recover from third party suppliers. They are valid for 24 months from the date of issue.

Should we cancel a tour before it commences at our sole discretion and not for any of the reasons stated in the preceding two paragraphs, either:

• you will receive a refund of the full amount paid by you for the tour MINUS any credit card fees; or

• we may offer you a credit in the form of a substitution of a similar tour at a later date for your original tour or, where no suitable alternative tour is available, a credit voucher for a tour with Limelight Arts Travel at a later date. Credit voucher amounts exclude costs incurred by us and are limited to the amount we can recover from third party suppliers. They are valid for 24 months from the date of issue.

Please note that flights and individual travel arrangements booked before and after a tour may have different refund conditions.

You will not be entitled to receive other compensation from us in the event of cancellation by us, including for any cancellation fees imposed by third parties for flights and/or additional accommodation and services.  The refund of, or provision of a credit for, monies paid by you for the tour costs will be the full extent of our liability.

As we will process refunds once we receive funds from third party suppliers, you acknowledge that your refund may be made by more than one payment.

Force Majeure
Force Majeure includes any event which we or our suppliers and providers could not, even with all due care, foresee or avoid. This may include, but is not limited to, advice against travel from the Australian Department of Foreign Affairs and Trade, war, threat of war, riot, civil strife, industrial dispute, epidemics and pandemics, health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with transport or changes imposed by cancellation or rescheduling of flights by an airline.

If a Force Majeure event requires us to cancel a tour before it commences, we will contact suppliers who were to provide services to you during the tour to cancel arrangements and refund to you as much of the tour cost paid by you to us as possible (minus credit card fees), strictly based on the funds that we are able to recover from the suppliers. Many payments made to suppliers are non-refundable, including hotel deposits and payments for performance tickets, and suppliers use discretion as to how much they refund in the event of a cancellation.

If a Force Majeure event occurs during a tour which results in services or facilities becoming unavailable and there is no alternative arrangement of similar monetary value available, we will substitute the best available alternative service or facility and refund to you any savings made or charge you for additional costs incurred in making the substitution.

Changes to tour prices
The tour prices we quote in our itineraries, brochures, advertising and/or on our website are based on foreign exchange and third-party supplier rates at the time of publication.

Once we have received your final payment for a tour, all prices will be fixed.

Prior to receiving your final payment for a tour, we will do our best to ensure that the tour cost does not change. If, however, any of the following occur prior to receiving your final payment, we reserve the right to increase the tour price:

• there are significant changes to foreign exchange or third-party supplier rates;

• there are significant changes to the number of tour participants;

• there is a mistake in the advertised tour price; or

• for any other reason.

In the event of a price variation, you will be informed at the earliest opportunity and will be given the option of either:

• accepting the amended tour prices; or

• withdrawing from the tour and, at your election, either:

o   receiving a refund of the full amount paid by you for the tour, MINUS:

§  costs incurred by us that we cannot recover from third party suppliers;

§  an administration charge equal to 10% of the deposit; and

§  any credit card fees; or

o   receiving a credit voucher equal to the full amount paid by you for the tour (minus credit card fees) for a tour with Limelight Arts Travel at a later date. Credit vouchers are valid for 24 months from the date of issue.

Where you withdraw from a tour, you will not be entitled to receive other compensation from us in the event of your cancelling because of a price variation, including for any cancellation fees imposed by third parties for flights and/or additional accommodation and services.  The refund of monies or Issue of a credit voucher for the tour costs will be the full extent of our liability.

No refund for unused portions of a tour
Refunds will not be made for any unused portion of a service or facility that forms part of a tour, including (without limitation) concert tickets, hotel accommodation, entry fees, transfers or meals.

Commissions etc
Please note that we may receive fees, commissions, gifts or financial incentives from third parties in relation to a tour.

Travel insurance
It is a requirement of participation in a Limelight Arts Travel international tour that you are in possession of valid comprehensive travel insurance that is appropriate for the nature and country of destination of the tour and covers, at a minimum, full medical, hospital, evacuation and repatriation costs. You are required to provide evidence of comprehensive travel insurance at the time of your final payment for a tour, or your booking may be cancelled and your deposit forfeited. Travel insurance is strongly advised for Australian citizens and permanent residents on tours within Australia.

Passport, visa and vaccinations
A valid passport is required for all international travel. It is your responsibility to ensure that you possess a passport valid for 6 months after the date of your return to your country of origin. You are solely responsible for obtaining all necessary visas, vaccinations and preventative medicines required for the tour, unless otherwise specifically stated. We and our travel partner, Mary Rossi Travel, will endeavour to provide you with information on passport, visa and vaccination requirements in good faith, but assume no responsibility.

Covid-19 and other pandemic prevention and management
We are committed to minimising the risk of transmission of Covid-19, and any other pandemic that may occur in the future, among our groups and effectively managing any outbreak that occurs on tour. All travellers are subject to the regulations in place in the destination country at the time of their travel.

Additionally, for Covid-19, we require any traveller that has or develops Covid-19-like symptoms to immediately inform the tour leader and undertake a Rapid Antigen Test (RAT). If a RAT cannot be taken immediately, the participant must isolate from the group until a RAT can be taken and the result known. Following a positive RAT, the traveller must follow all local regulations in relation to testing and isolation, and any reasonable instruction given by the tour leader, including but not limited to isolating from the tour group, withdrawing from the tour group activities and wearing a mask. Following a positive RAT result by a tour group member, all group members must comply with reasonable instructions given by the tour leader, including but not limited to mask-wearing, maintaining physical distance and undertaking a RAT.

For any or any other respiratory or other symptoms that result from a pandemic other than Covid-19, we require any traveller that develops symptoms that are like or are associated with that pandemic to immediately inform the tour leader and to then undertake whatever testing, treatment and isolation regimes are being prescribed by medical authorities in the country of the tour or by Australia.

Failure to comply with any of these conditions and the tour leader’s reasonable directions may result in a participant’s removal from the tour for some or all of its duration, with no refund or compensation for unused portions of the tour or additional travel expenses.

Participation in a tour
Most of our tours require a moderate level of fitness, however certain destinations, seasons or travel requirements may necessitate an above moderate or challenging level of fitness (see moderate, above moderate and challenging fitness requirements below). For the benefit of the overall tour group, we will require you to declare in writing at the time of booking that you are fit to participate in your chosen tour according to the level of fitness required for that tour. If you or we have any doubts about your level of fitness, we may require you to undergo a doctor’s appraisal. This would require your doctor to read your chosen tour itinerary, including the specified fitness level, and provide you and us with a written confirmation of your ability to participate.

If, after a tour has commenced, it becomes apparent to the tour leader (acting reasonably) that you are unfit or unsuitable to continue to travel on the tour, we reserve the right to require you to withdraw from the tour at the earliest opportunity.  In that event, we have no obligation to refund to you any of the monies paid to us for the part of the tour you miss as a result of the withdrawal.

It is also a requirement of joining a tour that you do not cause significant disruption to the tour or to the tour group, as determined by the tour leader (acting reasonably). If it is determined that your participation causes significant disruption for other guests or the tour group, or if there is any safety issue as a result of your ongoing participation in the tour, we may refuse you admission to the tour or require you to withdraw from the tour at any time. In that event, we have no obligation to refund to you any of the monies paid to us for the part of the tour you miss as a result of the withdrawal.

Moderate
For the benefit of the tour group, all members of the tour must be able to:

• negotiate airports and railway stations without wheelchair assistance

• use a combined shower/bath (please note that we cannot guarantee walk-in shower facilities)

• undertake walking tours of 1-2 hours in duration, including taking stairs and walking on uneven surfaces such as at archaeological sites

• stand for long periods in museums and other sites

• embark/disembark coaches, trains, boats and other methods of transportation without assistance

• move their own luggage a short distance if required

Above moderate
In addition to the above, all members of the tour must be able to:

• undertake walking tours of 2-3 hours in duration

• climb staircases of 100 or more steps

  Challenging

  In addition to the above, tour members must also be able to handle:

• extremes of temperature (e.g. below 0 degrees Celsius or above 35 degrees Celsius)

• extremes of altitudes (e.g. 4000m or above)

• significant changes to diet

Illness or disability
If you have an illness or disability or are undergoing treatment for any physical or medical condition, you must disclose to us the true nature of the condition at the time of booking a tour and individually make provisions for any medication or other treatment which may be required by you during the tour.

If, after booking a tour but before you commence the tour, you develop an illness or disability or commence and are undergoing treatment for any physical or medical condition, you must immediately disclose to us the true nature of the condition and individually make provisions for any medication or other treatment which may be required by you during the tour.

Failure to make such disclosures or provisions required above will constitute a breach of these booking terms and conditions and will result in your exclusion from the tour. In that event, we have no obligation to refund to you any of the monies paid to us for the tour.

Your consumer rights
Nothing in these terms and conditions is intended to limit, exclude or modify the guarantees implied by statute that cannot be limited, excluded or modified under the Competition and Consumer Act 2010 (CAA) or any equivalent applicable under state or territory law. If any guarantees are implied by law that cannot be excluded, then, to the extent permitted by law, our liability for such guarantees is limited, at our option, to:

• in the case of goods, the replacement of goods, or the supply of equivalent goods, or the payment of the costs of replacing the goods or of acquiring equivalent goods; and

• in the case of services, the supply of services again, or the payment of the cost of having the services supplied again.

To the extent permitted by law, we are not liable for any indirect or consequential loss, cost, damage, liability or expense.

Amendment
We reserve the right to amend these terms and conditions from time to time, unless expressly stated in these terms and conditions, without notice.