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LIVN Terms and Conditions

LivnHolidays Pty Limited ABN 48 155 545 912 trading as LivnHolidays offers a variety of tours, tickets and services (products). Unless otherwise stated, purchases made through LivnHolidays are subject to these Terms & Conditions. No variation to these Terms & Conditions shall be of any effect unless made in writing by and with the authority of LivnHolidays.

1. Terms of Use

Because our Terms & Conditions contain legal obligations, please read the following terms and conditions carefully. You must not make any booking unless you understand and agree tothe following Terms and Conditions. References to "us", "we" and/or "our" in these booking Terms and Conditions meansLivnHolidays Pty Limited ACN 48 155 545 912

You acknowledge that the person making the booking has the authority to act on behalf of any other person includedonthe booking and that person is also bound by these Terms and Conditions.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise useLivnHolidays content(inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use ofLivnHolidays is expressly forbidden.

2. Liability

Under no circumstances willLivn Holidays or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the followinglosses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use ofLivnHolidays regardless of the form of action.

LivnHolidays and its agents and suppliers, in making any arrangements for service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any service provider, carrier or other company or person providing services included in the tours.

Furthermore,LivnHolidays and its agents and suppliers accept no responsibility for any sickness, pilferage,labourdisputes, machinery breakdown, governmentrestraints, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.

LivnHolidayscontent - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating toLivnHolidays website, service provider, operator and/ordistributionpartner is provided AS IS and on an AS AVAILABLE basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

AtLivnHolidays we check and recheck the details about all the products and services we offer for accuracy. However,LivnHolidays does notwarrant that functionality, content or information contained on the website will be uninterrupted orerror-free, that defects will be corrected, or thatLivnHolidays or the servers that make it available are free of viruses or bugs.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable because of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

3. Travel Insurance

We recommend all passengers have adequate travel and medical insurance.LivnHolidays and its staff and contractors shall not be liable for any illness, injury, damages, loss of property or delay whatsoever caused to the passenger whilst engagedon these tours or any related activity.

We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel.Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. The insurance cover offered by credit card companies or reciprocal medical cover agreements is often not comprehensive.

4. Travel Advice

We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website at www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.

5. Health

You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.We strongly recommend that you obtain a letter from your medical professional listing any medications that you may be travelling with. General health advice for the destination you wish to visit is also available from DFAT (see smarttraveller.gov.au).

6. Prices

All prices are subject to availability and can be withdrawn or varied without notice. Please note that prices quoted are subject to change during the search and booking process. Price changes occur due to matters outside our control, which may increase the cost of the product or service. The price and the serviceareonly guaranteed when paid in full.

Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under Inclusions on the product pages of LivnHolidays.

7. Special Requests

Please liaise with your consultant regarding any special requirements you may have for your travel arrangements such as special meal and seating requests.

8. Voluntary Changes and Cancellation Fees

A booking consists of one or more confirmed services. Each service has a unique voucher allocated to each person nominated by you. Some services cannot be changed after a voucher has been issued and you are advised to check this before you book (non-cancellable).

Note: Except as noted below, all changes are treated as Voluntary Changes

Once a voucher has been issued, any subsequent change to that voucher and/or cancellation of the service (except where noted below), will be regarded as a Voluntary Change and incur a fee up to 100% of the amount paid.

To ensure that you are aware of the potential costs of changing or cancelling a booking, we always disclose the cancellation fees before you book.

All other change requests and amendments are subject to availability by our suppliers and/or service providers;LivnHolidays cannot guarantee the success of any change request.

In addition, the following changes may be treated as a Cancellation:

  • Tour change with the same operator.
  • Changing tours with a different operator.
  • Adding to or removing options on an existing voucher.
  • Additional or fewer days for a service.
  • Removing 1 or more passengers from an existing Booking where one or more remaining passengers are stillutilisingthe service.
  • Date change.
  • Name change.

It is not possible to change or modify a special event, theatre or show ticket. Sales of these tickets are final and cannot be changed once your original purchase is confirmed.

Subject to your refund and remedy rights under the Australian Consumer Law, the following Change and Cancellation fees apply to all bookings:

If you voluntarily change or cancel a confirmed booking, there is a minimum fee that will be applied.

If you no-show for a service, you will be charged a 100% cancellation fee

In many cases, such as a name or date change, it may beeasier for you to contact the service provider directly, as they may not impose a fee.

If you wish to change or cancel a booking, you must contact our Customer Service Team via email at support@livnholidays.com Any fees for a requested change must be paid via credit card before the change can be confirmed.

We always disclose the change and cancellation fees before you book. You should familiarise yourself with the cost of changing or cancelling every booking, as it may not always be the same.

9. Involuntary Changes

If an operator fails to provide you with the service due to weather or other unforeseen circumstances and their terms and conditions allow it, you will receive a full refund. You must check before purchasing any of our services, as some operators will only provide an alternative service and not a refund.

10. Refunds

Where you seek a refund for a cancelled booking for which payment has been made by us to the supplier, we will not provide a refund to you until we receive the funds from that supplier. Refunds may take up to six (6) weeks to process. Any change or cancellation fees will be deducted from the amount to be refunded.

11. Payments By Credit Card

We do not accept consumer credit cards as an acceptable form of payment. We currently do not charge any additional fees for paying using MasterCard, Visa and American Express. Depending on the location, American Express may not be an acceptable form of payment.

You authoriseus to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

Many banks and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder's account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for the booking. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

12. Service Guarantees

Our booking and advisory services come with a guarantee that:

  • they will be provided with due care and skill;
  • they will be reasonably fit for the specified purpose;
  • they can reasonably be expected to achieve the desired result;
  • they will be provided within a reasonable time.

If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.

13. Agency Relationship

We act as a travel wholesaler only. We sell various travel related products on behalf of numerous transport, accommodation and other service providers, such as coach, tour and similar operators. Our obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and the travel service providers. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made on your behalf are subject to the terms and conditions and limitations of liability imposed by these service providers. Your legal recourse for travel servicesis againstthe specific provider and not us. If for any reason (excluding fault by us), any travel service provider is unable to provide the services for which you have contracted your remedy lies against that provider and not with us. To the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control and which is not preventable by reasonable diligence on our part. Under circumstances where liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the value of the purchased travel arrangements. Nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

14. Travel Documents

Travel documents include (without limitation) tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-datechangeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. An incorrect name on a booking may result in an inability to use that voucher and the booking may be subject to cancellation. This is classified as a Voluntary Change.

Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. You should print out and retain your travel documents as provided to you.

15. Schedule Changes

Occasionally our suppliers and/or service providers make changes to tour dates, start times or durations. We recommend that you contact the service provider to confirm your scheduled service prior to the expected start time of the service.

16. Monies Not Held on Trust

All monies paid by you to us will be the property ofLivnHolidays Pty Limited and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. You agree and acknowledge that such monies will not be held by usontrust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

17. Governing Law

If any dispute arises in relation to the agreement between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australiaand waive any right that you may have to object to an action being brought in those courts.

18. Open Dated Tickets

When purchasing open dated ticketsplease choose carefully. These vouchers are non-cancellable and non-refundable and cannot be transferred to another name.

19. Validity

Unless otherwise advised, all travel documents have a 12-month validity from the date of purchase.

These terms were last updated on February 2018.