All bookings are made with Tomato Travel (ABN 71 611 707 656) (us/we). By booking a trip with us you are agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation and/or invoice.
Deposit: You are required to pay a non-refundable deposit for your booking to be confirmed. For all trips, you are required to pay a deposit of AU$1,000 per person per trip. Deposit amounts vary for selected trips and special campaigns that may be run by us from time to time, as set out in and subject to the product/deal pages. If your booking is made within 90 days of the departure date then the full amount is payable at the time of booking.
Final payments: If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue the confirmation invoice or if you book within 28 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments, including how to make the payment. Payment of the balance of the trip price is due 90 days before the departure date, except as otherwise set out in the Special Conditions. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined in clause ‘Cancellation by You’ will apply.
There will be a full refund within 7 Days cooling period if you want to cancel the booking (unless flight tickets have been issued upon your confirmation). The cooling period starts from the booking's creation date.
Our trip prices are subject to variable and seasonal pricing, both of which are standard practices within the travel industry. This means our trip prices may vary at any time following demand, market conditions and availability. Different passengers on the same trip have likely been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause ‘Cancellation by You’. The most up-to-date pricing is available on our website. Prices are based on currency exchange rates as of Today; note that prices may vary depending on which currency the booking is made.
Prices DO Include: Accommodation, transfers, tours/cruises, car hire, government taxes and any other inclusions as specified in writing on the relevant web pages for each product.
Prices DO NOT Include: Any costs incurred en route to and from the destination, meals (unless specified), alcoholic beverages, telephone calls, items of a personal nature, taxes and excess baggage charges unless specified, visa and passport fees, travel insurance, optional activities, all personal expenses and personal services not specified as being included in costs on the relevant web pages for each product.
All prices on this website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking (for example, twin share, additional rollaway beds, rooms next to other group members, adjoining rooms). Bedding requests are all subject to availability. Some hotels may also have a maximum capacity for particular rooms. We do not offer the service to pair solo travellers into one twin-share room.
You must provide all the requested details. They include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry. Passenger names must be provided exactly as per passport, including middle names, at the time of booking. Any spelling corrections made after a deposit is paid must be sent in writing. If you do not advise the correct information and we have to reissue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our reasonable administration fees.
A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit.
It shall be your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current travel advice.
You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, vaccinations, entry, or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled, or repatriated from it.
Tomato Travel accepts no responsibility if you are refused entry into the country/countries of your destination. Tomato Travel is not liable for any expenses, costs liabilities or losses incurred to such matters.
You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of the countries visited. Tomato Travel is not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of the countries visited.
All booking variations made 30 days or more after booking; including transferring between tour packages and departure dates, incur an amendment fee from AU$100 per person per change to be paid at the time of the change (other fees may apply). Amendments within 90 days of departure will be regarded as a cancellation and will incur heavy penalties. Bookings requiring reissue of air tickets and other documents will incur an additional administration fee from AU$150 per person.
For any changes that involve amendments to fixed group flights or default package components, such as airline upgrades, stopovers and breakaways from the group itinerary, all associated fees are payable immediately at the time of the change.
A surcharge from AU$100 per person is applicable to clients who request booking components such as flights be finalised earlier than the standard booking finalisation time frame of within 30 days of booking, or 90 days before departure, whichever comes first.
Changes must be made in writing by the person who made the original booking, or his or her travel agent. Once a booking is confirmed, name transfers are not permitted and will be regarded as a cancellation.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
Before travel: Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions before the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel: You acknowledge that the itinerary, modes of transport, accommodation and/or the trip's inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
Cancellations must be made in writing to Tomato Travel and are subject to the following cancellation charges from the date the written cancellation is received:
|Period of Notice||Cancellation Fee|
|More than 90 days prior to departure||Loss of deposit|
|60-89 days prior to departure||75% of the total cost|
|60 days prior to departure||100% of the total cost|
|Any 'no show'||100% of the total cost|
No refund (Cancellation Fee 100% of package fare) can be made whatsoever once the flight itinerary has been confirmed/flight ticket has been issued by us.
Following the commencement of your tour, no refunds will be made for any services which you choose not to use or which you cannot use for any reason other than a reason within our control.
If due to any illness, suspected illness or failure to satisfy any required tests (such as a PCR or rapid antigen test with Covid-19 or vaccination requirements):
an airline or other common carrier refuses your carriage;
a hotel or vessel refuses to accommodate you; or
we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking. We will not be responsible for any loss or other costs you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to, (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Force Majeure - Prior to travel: If in our reasonable opinion we (either directly or through our employees, contractors, suppliers. or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure Event then we at our discretion may elect to:
reschedule your travel arrangements (in whole or in part); and/or
cancel your travel arrangements (in whole or in part), in which case our contract with you will terminate (in whole or in part).
If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third-party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Force Majeure - During travel: If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third-party costs for cancelled travel arrangements only.
Other cancellations Minimum Numbers: Tomato Travel reserves the right to cancel or vary a tour prior to departure due to insufficient numbers. We will advise you no less than 60 days prior to your tour commencement if minimum numbers have not been achieved.
If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of a trip of substantially equal quality if appropriate. We will not be responsible to you for any other expenses or loss you incur if your travel arrangements are rescheduled or cancelled whether or not due to Force Majeure.
If we cancel your travel arrangements, neither party will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third-party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover but not be limited to cancellation, medical requirements, luggage, repatriations, personal liability, loss of luggage and personal effects. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation charges are payable from that time. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank's name and credit card details.
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our contacts in assessing whether the itinerary should operate. However, it is also your responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agents for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
– any liability for for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, Covid-19 or SARs-COV2, or any other cause whatsoever beyond the reasonable control of the Tour Operator or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Tour to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”.
– you release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
– any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
If you have a complaint about your trip please inform your group leader or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip through our General Enquiries page.
You agree that, while participating in any Tour, images, photos, or videos may be taken by other participants, the Tour Operator, or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tomato Travel, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.