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Terms & Conditions

In these terms and conditions, YLG means Yankee Leisure Group Pty Ltd.

Operated by Yankee Leisure Group (YLG)
500 Cummings Center, Suite 3100
Beverly, MA 01915-9959

Sales office located at:
Level 14, Suite 4
70 Pitt Street, Sydney, NSW 2000

 

1 RESERVATIONS

(1.a) To make a reservation visit our website at www.Railbookers.com.au, see your local travel agent or call YLG at 1300 938 534.

(1.b) By making a reservation with YLG, you acknowledge and agree to these terms and conditions.

(1.c) These terms and conditions are subject to the laws of the Australian State or Territory in which you live.

2 PAYMENTS

2.1 Deposits

The following table sets out the deposit required depending on the number of days prior to departure that a booking is made:

 Days Prior to Departure:                                            Deposit required

 91+ days                                                     $250 non-refundable deposit for any Rail & Sail and Rocky Mountaineer.

61+ days                                                      $250 non-refundable deposit for all other packages.

1 – 60 days                                                  Full payment due at time of booking.

2.2 Final Payment

The balance of your payment (after any deposit) is due 60 days prior to departure on all packages, except that the balance is due 90 days prior to departure for any Rail & Sail or Rocky Mountaineer program.

2.3 Payment and Confirmation

(3.a) YLG accepts Visa®, MasterCard®, [Discover® Card,] American Express and bank transfers.

(3.b) Your booking is not confirmed, and payment is not deemed made until the deposit is received by YLG and you receive a confirmation invoice (Booking Confirmation).

(3.c) If you pay your deposit with a credit card, YLG will automatically charge the balance due 60 or 90 days prior to departure (as specified in section 2.2 above) to the same credit card used to make your deposit payment unless you advise YLG that you wish to use a different payment method.

(3.d) Bookings within 14 days of departure will be charged a $35 expedited mailing fee if paper documents are required. Any paper documents delivered outside of Australia will incur a minimum fee of $50, and the actual cost will be advised at the time of booking.

2.4 Booking Changes and Cancellations

To make a change or cancel your holiday, contact your travel agent or call YLG directly.

2.5 Changes

(5.a) An administration fee of $25 per person (per change) will be charged by YLG for any changes made to a reservation after a deposit or full payment is received by YLG.

(5.b) Any changes made to a booking (including but not limited to rail changes or name changes) may result in the loss of the confirmed rail seat or sleeping car accommodation.

(5.c) YLG cannot guarantee the availability of requested changes.

(5.d) Changes after travel documents and tickets are issued will be treated as cancellations (see sections 2.7 and 2.8).

(5.e) If you make a change after travel documents and tickets are issued, you may need new travel documents and tickets.

(5.f) YLG charges a re-ticketing fee of $50 when it is necessary to reissue paper rail tickets. Before new tickets can be issued, the original tickets must be returned at your expense by registered post or courier service to Yankee Leisure Group, Attention: Ticketing, Level 14, Suite 4, 70 Pitt Street, Sydney, NSW 2000.

(5.g) If you make a change, your booking may be adjusted to the then current pricing in effect at time of the change. We will advise you of any such re-pricing before you proceed with a change.

(5.h) Certain bookings may not be amended after Booking Confirmation, and a cancellation charge of up to 100% of that part of the arrangements may apply in lieu of the cancellation charges specified in sections 2.6 and 2.7. These types of bookings will be specified in this document or notified to you prior to you making a reservation and paying a deposit.

2.6 Cancellation Charges for North American Rail

Gateway Programs

The following table sets out the cancellation charges that will apply depending on the number of days prior to departure that a booking is cancelled:

Days Prior to Departure:                                   Cancellation charges

45 or more                                        Non-refundable deposit is retained

44 – 22 days                                      25% of the trip

21 – 8 days                                        30% of the trip

7 – 1 days                                          50% of the trip

Day of departure                              100% of the trip

 

2.7 Cancellation Charges for Rail & Sail, Rocky Mountaineer, Independent Rail Journeys, Venice-Simplon-Orient-Express or Any Custom Rail Package

The following table sets out the cancellation charges that will apply depending on the number of days prior to departure that a booking is cancelled:

Days Prior to Departure:                                   Cancellation charges

90 or more                                        Non-refundable deposit is retained

89 – 60 days                                      35% of the trip

59 – 30 days                                      50% of the trip

29 or fewer days                               100% of the trip

 

3 REFUNDS

(1.a) Please note that any request for refunds is subject to the terms and conditions contained herein.

(1.b) No refund will be made for unused services of less than 48 consecutive hours, unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveller.

(1.c) There is no refund on rail tickets once they have been issued.

4 SPECIAL TERMS

Rail and Sail, special events and peak travel periods may require a surcharge and may be subject to special payment, change and cancellation conditions. Details of these surcharges, payments and conditions will be specified in this document or notified to you prior to you making a reservation and paying a deposit (for example, this may be included with your initial invoice).

5 PRICES

(1.a) Prices listed are quoted in Australian dollars (inclusive of GST), per person, double occupancy. Our lowest prices may not be available on all days or for all sales. Single, triple, quad and child hotel rates may be available upon request.

(1.b) Not all accommodation types are available on all holidays.

(1.c) Hotel and room facilities vary and may be subject to additional fees. Some will require payment of local city taxes on arrival. Please contact us for details.

(1.d) We endeavour to ensure that pricing and other information in this document is accurate at the time of printing. Please note, however, that changes and errors occasionally occur. We reserve the right to increase/decrease and correct errors in advertised prices at any time before your Booking Confirmation occurs. Before you make a booking, we will give you the basic price for your chosen holiday. You should check all details before you make your booking. Upgrades or any other variations which you have requested are on a request basis with the Travel Providers and subject to availability, and prices for these will only be confirmed once the prices and availability has been confirmed by the Travel Providers.

(1.e) For all holidays, once you have accepted the basic price and a Booking Confirmation has been issued, that price is fully guaranteed and will not be subject to any surcharges, unless you make changes.

(1.f) YLG cannot apply advertised promotions retroactively to existing reservations. Prices in this document may not be valid for group travel.

(1.g) YLG “package prices” are subject to change without notice prior to Booking Confirmation.


6 TOUR PRICES DO NOT INCLUDE

Tour prices do not include gratuities, baggage handling and other incidental charges. Where rental cars are available, the rental does not include state and local taxes, airport fees, loss damage waiver (LDW), fuel or surcharges on rental cars for drivers under age 25 (where applicable).

7 PRICE POLICY

(1.a) All prices are based on rates known at the time of publication and expected to be in effect at the time of departure, and do not include airfare or rail from your home gateway (unless otherwise stated). Not all accommodation types are available on all holidays.

(1.b) Once full payment is received, and a Booking Confirmation is issued, YLG will guarantee that your purchase price will not increase unless you make a change to your purchase. Should the price change for whatever reason after deposit is received, you will be notified and will be able to agree to the change or cancel your reservation and obtain a full refund of monies paid.

8 OTHER INFORMATION

Specific requests must be made at the time of booking and will be honoured at the discretion of the relevant Travel Provider. Bedding requests are not guaranteed. At some hotels, there will be an additional charge if a crib or rollaway bed is required, payable directly to the hotel.

9 SPECIAL ASSISTANCE

Individuals with mobility impairments and /or disabilities requiring special assistance, treatment or facilities must communicate any special needs to YLG when booking.

10 VISA & PASSPORTS

(1.a) You are responsible for obtaining and paying for all visas and passports, for meeting all health and other requirements, and for any documents required by the laws, regulations, order and/or requirements of the countries you will visit.

(1.b) Passengers must consult the appropriate consulates to determine if any visas are needed; you are responsible for obtaining all visas and entry documents independently. YLG is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and YLG cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation. All passengers travelling internationally are required to have a passport.

(1.c) Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when travelling, as many countries require blank pages. Multiple-entry visas are required for some holidays. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more.

(1.d) Some government agencies in foreign countries require YLG to collect and pass on certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details as requested fully and accurately, your trip may be interrupted or cancelled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.

(1.e) To enter and leave Australia, all Australian citizens must carry proof of citizenship such as a valid passport. Non-citizens must have a valid passport, visa or alien card that permits travel outside Australia. A “multiple entry” visa for return to Australia may be required. You are responsible for obtaining and paying for any visa, passport or documentation needed. Passengers travelling outside of Australia must provide date of birth, citizenship and passport information at the time of reservation. YLG is not responsible for any passenger that is denied entry into another country. If the remaining portion of the trip must be cancelled, the passenger is subject to the cancellation fees noted above and is responsible for all fees to return home. Contact your local consulate before travel for current and further information.

11 HOTELS

(1.a) Hotels listed in the itinerary are intended to be used for all departures but cannot be guaranteed.

(1.b) In the event a hotel is not available an alternate hotel of equal or higher value will be used. No refunds are provided for hotel changes, and cancellation charges in sections 2.6 and 2.7 will apply where you make a cancellation following any such change.

(1.c) Hotel ratings and categories are meant to generally describe the differences among hotels, rooms and amenities. Ratings are not warranties of the properties used.

(1.d) A minimum-stay rule may apply at some hotels.

12 RAIL RESERVATIONS

(1.a) Although we do our best to follow the routes noted on the itinerary there might be occasions when a different routing and/or departure time is necessary due to timetable variations or seat availability.

(1.b) Prices quoted are based on special fares negotiated with rail Travel Providers. Any change involving sleeper services will be quoted on an individual basis. In some instances, additional non-refundable deposits may be required to cover rail reservation costs where rail tickets are committed to prior to collecting full and final payment from the clients. These instances will be specified in this document or notified to you prior to you making a reservation and paying a deposit (for example, this may be included with your initial invoice).

13 NAMES

(1.a) All names, titles and initials of those travelling must be given at the time of booking and correspond to the name used in the passport of the individual travelling.

(1.b) If you provide us with incorrect passenger names, name changes may not be permitted, and you will either have to purchase a new ticket (subject to availability) or (where a name change is possible) pay an additional administration charge of $35 per change.

14 TRAVEL DOCUMENTS

Travel documents will be sent approximately 21 days prior to your departure, provided YLG has received full payment.

15 RESPONSIBILITIES AND LIMITATIONS OF LIABILITIES OF YLG

(1.a) YLG is responsible for selecting the Travel Providers for the travel arrangements described in this document.

(1.b) The services described in this document are furnished by Travel Providers who are independent contractors and not servants of or joint ventures, agents of or partners with YLG

(1.c) YLG is an independent contractor that arranges travel-related services from the Travel Providers.

(1.d) YLG is not an agent of the customer, or of the Travel Providers, and does not in any manner directly provide the accommodations, transportation, meals or other travel-related services.

(1.e) To the maximum extent permitted by law, YLG is not responsible for personal loss or damage caused by any act or omission, intentional, negligent or otherwise, by any Travel Provider, or any circumstances beyond YLG’s control, including but not limited to routing changes and/or changes in type of equipment operated.

(1.f) All express or implied guarantees, warranties, representations, or other terms relating to these terms and conditions or its subject matter, not contained in these terms and conditions, are excluded from these terms and conditions to the maximum extent permitted by law.

(1.g) Nothing in these terms and conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(1.h) If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and YLG is able to limit the customer’s remedy for a breach of the Non-Excludable Provision, then the liability of YLG for breach of the Non-Excludable Provision is limited to one or more of the following at YLG’s option:

(1.h.i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(1.h.ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(1.i) Subject to YLG’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:

(1.i.i) the maximum aggregate liability of YLG for all claims under or relating to these terms and conditions or its subject matter, whether in contract, tort (including but not limited to negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the fees paid by you to YLG. In calculating YLG’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or

supplied by YLG for a breach of any Non-Excludable Provision; and

(1.i.ii) YLG is not liable for, and no measure of damages will, under any circumstances, include any special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, or anticipated savings, whether in contract, tort (including but not limited to negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

16 EVENTS BEYOND OUR CONTROL – FORCE MAJEURE

Except where otherwise expressly stated in these terms and conditions, and to the maximum extent permitted by law, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the Travel Provider(s) of the service(s) in question could not, even with all due care, foresee or avoid (Force Majeure). These Force Majeure events include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including but not limited to port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the Travel Provider(s) control. Advice from the Department or Foreign Affairs and Travel to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Department of Foreign Affairs and Travel.

17 RESPONSIBILITIES AND LIMITATIONS OF LIABILITIES OF THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK®)

(1.a) Amtrak is responsible for only the rail transportation it provides in connection with YLG tour packages. Amtrak disclaims liability, and

is not responsible, for (1) any act or omission of YLG or any other service provider; or (2) any accommodations, services, features or other transportation of the tour package.

(1.b) All rail passenger transportation via Amtrak shall be provided under its terms and conditions of carriage which shall constitute the sole contract between Amtrak and the purchaser of these tours and / or passenger.

(1.c) Fares, time schedules, routes, equipment, services, products, accessibility information, customs information and all other information are (1) not guaranteed, (2) provided “as is” without any warranties of any kind, either express or implied, (3) subject to change without notice and (4) form no part of the contract between Amtrak and a customer. A possibility exists that there may be errors or inaccuracies. Although Amtrak attempts to ensure accuracy, Amtrak makes no guarantees as to the completeness or correctness and disclaims any liabilities for any errors.

(1.d) Amtrak disclaims liability for inconvenience, expense or damage resulting from errors, shortage of equipment or delayed trains, except that when such a delay causes a passenger to miss a guaranteed connection, Amtrak will provide alternate transportation on Amtrak, another carrier or overnight hotel accommodations at the discretion of Amtrak. Amtrak acts only as selling agent for thruway connecting carriers and disclaims liability for travel on other carriers.

(1.e) Neither Amtrak nor any of its subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, contractors, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to any product or service purchased from or through Amtrak.

(1.f) Amtrak assumes no liability for fragile, valuable, perishable articles or untagged baggage.

(1.g) Amtrak reserves the right to refuse to carry passengers who pose a hazard to health, safety or security or whose conduct is objectionable in Amtrak’s exclusive judgment.

(1.h) Amtrak’s terms and conditions are subject to the laws of the District of Columbia, USA.

18 PRIVACY

Your personal information will be handled in accordance with our privacy policy, which can be found at www.railbookers.com.au.

19 TRAVEL INSURANCE

(a) We strongly suggest that you obtain travel insurance to protect your purchase.

(b) When you are ready to get a quote or to make a purchase, simply contact your local travel agent or YLG at 1300 938 534.

 

 

 

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