Inverted Atlas Booking Conditions
Effective from 23 August 2020
These Booking Conditions apply to travel arrangements which you make with us and which we agree to make, provide or perform (as applicable) as part of our contract with you as the principal operator of the travel arrangements. We reserve the right to change these Booking Conditions at any time prior to you making a booking.
We act as agent for the principal operators of some of the travel arrangements we sell. Where we act as agent, your contract will be with the principal operator. The principal operator’s booking conditions will apply to the travel arrangements and these Booking Conditions will have no effect other than this paragraph and clause 12 which deals with our responsibility to you where we are acting as agent. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal operator.
“You” and “Your” means all persons named on a booking form (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Inverted Atlas” means Inverted Atlas Pty Ltd (ACN 640 423 089).
- Making a Booking
A booking is accepted when Inverted Atlas has issued a written booking confirmation and issued an invoice. It is at this point that a contract between Inverted Atlas and you comes into existence. Inverted Atlas reserves the right to decline any booking at its discretion. No employee of Inverted Atlas other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
(a) Website validity
The information on the Inverted Atlas website is correct at the time of publication. Published prices are correct and based on exchange rates at the time of publication. Inverted Atlas reserves the right to adjust published prices due to currency fluctuations, government action (including new or increased taxes), or amendments to itineraries and train timetables beyond the control of Inverted Atlas.
(b) Approximate pricing
Prior to the release of a trip for sale Inverted Atlas may place an approximate price against a trip on the website. This price is in no way guaranteed and Inverted Atlas is under no obligation to honour this price when the trip is released. This pricing should be used as a guide only, fixed prices are confirmed when the trip is made available for booking.
(c) Price Surcharges
All government taxes and charges imposed by suppliers beyond the control of Inverted Atlas are payable by you and are subject to change. Prices are also subject to surcharge due to negative currency fluctuations prior to you making payment in full. If there are any increases in such taxes, charges, or any currency fluctuation (prior to you making payment in full), which increases the price of your booking, we reserve the right to change the price you must pay by including the additional charges or amount at any time prior to the commencement of the travel arrangements.
(c) Not included in the price
Unless otherwise stated, flights, visas, airport taxes, port taxes, city taxes, airport transfers, items of a personal nature, and food and beverages are not included in the price of your travel arrangements.
You are required to pay a minimum deposit for trip in: AUD. Deposits are payable per person within seven (7) days of issuance of your booking confirmation and invoice. If you pay a provisional deposit at the time of making a booking request and we do not accept booking, then we will refund your provisional deposit within seven (7) days. Trip deposit amounts vary depending on the trip selected. Please contact Inverted Atlas for the correct deposit required for the trip of your choice.
Each of Inverted Atlas local partners have different payment conditions and as such require different deposits. Deposits are non-refundable when paid to a supplier by Inverted Atlas. For specific details on your trip you should contact Inverted Atlas to ascertain when your full deposit becomes non-refundable.
For private trips a deposit may be required before your final itinerary is completed. This amount will be charged at the discretion of the Inverted Atlas specialist designing your trip and will be removed from the total price of your journey when booked.
- Final Payment
Final payment of the balance is due 60 days prior to the commencement of your trip unless otherwise stated on your invoice. Your booking may be cancelled if full payment is not received by the due date, in which case your deposit will be forfeited. If we receive your booking less than 60 days prior to the trip departure date, it must be paid in full at time you make the booking request. If we don’t accept your booking request, we will refund your payment.
- Amendments by you
Inverted Atlas will endeavour to accommodate changes and additional requests. You acknowledge that changes and requests may not be possible to fulfill. If we are able to fulfill any changes or requests, you agree that the following fees will be payable at the time we confirm the amendment:
- If you wish to transfer your booking from one trip to another (and we are able to accommodate the transfer, which may not always be possible) and there are at least ninety (120) days until your departure, the following transfer fees are payable as per the currency of your booking: AUD $100 per person. Any trip price differential will also be payable if the alternative trip is of higher value.
- If you wish to transfer your booking in any way less than ninety (120) days from the departure date, the cancellation fee detailed in Clause 6 will apply.
- For any other changes made to your arrangements the following amendment fees are payable as per the currency of your booking: AUD $50 per person.
The only exception to this is accommodation and other services pre or post trip which may be added up to one calendar month before departure without charge. Within one calendar month, these can be added with out payment of the amendment fee as shown in subparagraph (c) above.
- Amendments by Inverted Atlas
- Prior to travel
Inverted Atlas reserves the right to amend any trip itinerary due to force majeure, changes in local conditions, or any other reason that Inverted Atlas in its absolute discretion may determine.
Where such amendments are major (50% or more of the trip itinerary is changed, or a price surcharge greater than 15% of the confirmed trip cost is required) and this amendment is known before the trip commences, you will be offered the opportunity to transfer to an alternative trip if available (we will refund any price difference if the alternative trip is of lower value), alter your departure date, or cancel with a full refund of any monies paid to Inverted Atlas for the trip.
If you accept any major amendments to the trip itinerary, then you agree that you will not be entitled to any price reduction or compensation unless specifically offered by Inverted Atlas or if you are entitled to any price reduction compensation at law. If you are entitled to any price reduction or compensation, then you agree that any compensation will be reduced by the value of any alternative services which we provide and which you accept.
You acknowledge that you are not entitled to any price reduction or other compensation for minor amendments to the trip itinerary. Minor amendments are any amendments that are not considered major amendments under these Booking Conditions.
To the fullest extent permitted by law, Inverted Atlas disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of any amendment or change to the trip itinerary.
- During travel
If, during the operation of the trip and for reasons beyond the control of Inverted Atlas, it becomes reasonably necessary to change an itinerary, including the start or finish city of the trip, Inverted Atlas may do so in its absolute discretion. Any additional costs incurred by Inverted Atlas in effecting these changes will be passed on to you which you agree to pay. You also agree that Inverted Atlas will not be responsible for any costs of airfares, visas or other expenses incurred by you as a result of a change to the itinerary in these circumstances.
- Cancellation by you
Once your booking has been confirmed, Inverted Atlas will only accept cancellations in writing. In the event of cancellation, the following charges will apply:
- Cancellations received 90 days or more prior to departure – Loss of deposit.
- Cancellations received less than 90 days prior to departure – 100% of total trip price.
These cancellation fees apply to trip services only. Depending on the reason for your cancellation, some of these cancellation charges may be recoverable under your travel insurance policy.
Occasionally, cancellation charges may vary from the timeframes listed above. If this is the case you will find the trip specific cancellation policy on your Inverted Atlas booking confirmation.
You agree that these cancellation charges are reasonable and required to protect the legitimate business interests of Inverted Atlas.
(b) Cancellation by Inverted Atlas
Inverted Atlas reserves the right to cancel any trip (before trip commencement) , due to force majeure, health concerns, war, or threat of war, civil unrest, acts of terrorism, strikes, industrial disputes or any other reason outside the control of Inverted Atlas that Inverted Atlas in its absolute discretion may determine. In such circumstances, we will refund you any payments made by you that we have not expended (or legally committed to spend). This is the full extent of Inverted Atlas’ liability to you for cancellation in these circumstances.
If we provide you with any alternative services or assistance where a trip is cancelled, then you agree that the amount to be refunded to you will be reduced by the value of these services and assistance.
If a trip fails to meet a minimum number, usually of 6 paying passengers, Inverted Atlas reserves the right in its absolute discretion to cancel the trip. In this instance a full refund will be payable, you are advised not to book airfares or other services until you receive notification from us that the trip is confirmed.
Inverted Atlas otherwise disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of any trip cancellation.
- Your responsibility
- Reasonable Behaviour
Travelling in a group may require some compromise to accommodate the different desires and abilities of group members. When joining a group trip you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens or disrupts the safety or enjoyment of others on the trip, the Trip Leader may in their absolute discretion remove you from the trip. In this instance no refund will be payable.
- Illegal Drugs
Illegal drugs of any kind will not be tolerated on Inverted Atlas trips. If you are caught with illegal drugs by a member of our team you will be asked to leave the trip immediately and no refund will be payable.
- Your Health & Fitness
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice and that you have received required vaccinations. You should also seek the advice of your doctor or travel health specialist regarding the specific health recommendations for travel to the countries and regions visited on your trip.
Inverted Atlas relies on the health information you provide in your Client Information Form when deciding whether to accept your booking request. You warrant that the information you provide is accurate and there are no medical issues that may impact your ability to participate in the trip without the need for special assistance.
If you are 65 years or older you agree to complete and sign, have your GP complete and sign a Health Check Form and for your GP to review your itinerary.
If your circumstances change following completion of your Client Information Form and your Health Check Form, then you must notify us as soon as reasonably possible, and in any circumstance prior to travel.
We reserve the right to cancel your booking if your changed circumstances mean you will require special assistance from our personnel during the trip. We suggest that your travel insurance (which you are required to have in place under these Booking Conditions) includes comprehensive cancellation coverage.
Should Inverted Atlas or your Trip Leader acting reasonably consider you medically unfit to join a trip or should your medical condition deteriorate during the trip, to an extent where you are no longer able to fully participate in the trip without special assistance, you will be removed from the trip. In this instance no refund will be payable.
Any decision to exclude a passenger for any reason will be made by Inverted Atlas without any further recourse. When joining a group trip, you accept the authority of the Trip Leader.
We will not be liable for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.
- Passports, visas and vaccinations
It is a requirement that you hold a valid passport and visas for your journey. It is your sole responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your sole responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith and may not be relied upon as being accurate and does not constitute formal advice.
With regard to COVID-19 vaccination is not mandated by Inverted Atlas and is not a requirement of travel with us, however it is your responsibility to check if your vaccination status will impact travel to the country in which the trip travels and the policy of other providers you may be using while away for example, airlines.
Inverted Atlas does take responsibility if you rely upon this information and fail to obtain your own independent advice.
- Travel Insurance
Travel insurance is not included in the trip cost. Comprehensive travel insurance (including medical and repatriation cover) is compulsory for group trips and Inverted Atlas reserves the right to require you to leave the trip in the event that you have not secured the appropriate cover.
No refunds will be made for any trips, meals, accommodation, sightseeing, transfers, or any other services included in the trip cost, which you do not utilise, if you choose voluntarily not to use the service, if you decide to leave the trip early, or if you are excluded from the trip due to your behaviour or health. Any refund due for any service booked and paid for, but not provided, will be made by Inverted Atlas after the completion of your Inverted Atlas travel services. No overseas supplier or Trip Leader is authorized to promise a refund on our behalf.
If you have a complaint about any aspect of the travel arrangements, you must immediately bring it to the attention of the Trip Leader or our local representative at the time to give us the opportunity to put things right. If you fail to do this, you agree that you waive the right to make a future claim against us in connection with the problem. If you notify the Trip Leader or our local representative of the problem and the problem is not solved to your satisfaction you must forward your complaint in writing to Inverted Atlas no later than 28 days after completion of the trip at (otherwise you waive the right to make a claim against us in connection with the problem):
- Health & Government Travel Advisories
It is your sole responsibility to inform yourself of the prevailing travel advisories issued by the government of your country or residence regarding the risks and associated precautions (including health) related to travel to the countries and regions visited on your trip. Health advice is available from travel health specialists and international bodies such as the World Health Organisation. Inverted Atlas will not be responsible for advising you of such travel advisories or of any changes that occur to such travel advisories prior to departure of the trip.
- Optional activities
When on trip, you may be offered the opportunity to engage in optional or non-itinerary activities. You acknowledge and agree that such activities are operated by third parties and do not form part of the travel arrangements operated by Inverted Atlas unless these have been secured prior to travel. Inverted Atlas makes no warranty as to the quality of the operators of optional activities. Optional activities may be inherently risky and Inverted Atlas will not be responsible to you for any loss, damage, injury or accident that may occur as a result of your participation therein. Any claim you may have in connection with the optional activity must be brought against the activity operator and you indemnify Inverted Atlas for any loss or expense incurred by Inverted Atlas due to any claim being brought against us as a result of your participation in an optional activity.
Where we sell another operator’s trip
We will tell you if we are selling a trip as agent for the principal operator. Where we sell a trip as agent for the principal operator, you agree that our responsibility to you is limited to arranging for you to contract with the principal operator for the supply of the trip. You agree that you will be subject to the principal operator’s booking conditions, and that any claim in connection with the supply (or failure to supply) the travel arrangements that form part of your trip must be made directly against the principal operator. Inverted Atlas will in no way be responsible for the actions or failures of the principal operator or any person engaged by the principal operator. You warrant that you will not bring a claim against Inverted Atlas in this regard. You agree to indemnify Inverted Atlas against any loss or expense incurred by Inverted Atlas due to any claim being brought against Inverted Atlas in breach of this warranty.
Where we sell our own trip
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Suppliers) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to arranging for the Independent Supplier to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include airlines, railway and cruise operators, hoteliers and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier (copies available upon request).
To the fullest extent permitted by law, Inverted Atlas will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. You warrant that you will not bring a claim against Inverted Atlas in this regard. You agree to indemnify Inverted Atlas against any loss or expense incurred by Inverted Atlas due to any claim being brought against Inverted Atlas in breach of this warranty.
Services we supply as principal
To the extent only that we are the principal supplier of travel arrangements or other services to you which we control, then we will provide those travel arrangements and services with reasonable skill and care. We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we are not the supplier’s agent or an intermediary for an Independent Supplier) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of force majeure.
Please note that if the travel arrangements or services which gave rise to the claim complied with local laws and regulations, the travel arrangements and services will be deemed to have been properly performed, even if this would not be considered the case in Australia.
General liability limitation
Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Inverted Atlas disclaims all warranties.
To the fullest extent permitted by law, the maximum liability of Inverted Atlas to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having the travel arrangements resupplied.
- Deemed acceptance of Booking Conditions
By making a booking request, you are deemed to have agreed and consented to all terms in these Booking Conditions and in any other documents provided to you by Inverted Atlas or any other person who may have booked the trip on your behalf. If you book on behalf of another party, you represent and warrant to Inverted Atlas that you are duly authorised to provide the agreement and consent the other party and you agree to indemnify Inverted Atlas for any breach of warranty in this regard.
- Full participation (Group trips)
For Group trips, you are expected to be able to fully participate in the trip without the need for special assistance and to behave in an acceptable manner. Please note the following requirements with reference to your responsibilities and associated implications for failing to meet your responsibilities set out at clauses 7(a) and 7(b) of these Booking Conditions:
- Luggage: On all trips you will be required to carry your own luggage on or off trains, through stations and between vehicles and hotels. Please only bring what you can carry. Do not bring oversized suitcases or bags.
- Walking: To fully participate in our journeys it is expected that you should be able to complete the day’s activities as outlined in your trip itinerary. This will include walking for much of the sightseeing and includes steps, stairs and uneven surfaces.
- Meals: If you have dietary requirements you must inform Inverted Atlas at least 90 days prior to the start of your trip. Dietary requirements can not be managed if advised to the Trip Leader at the commencement of your trip. Due to the destinations and available facilities, specific personal dietary preferences will sometimes need to be managed by the individual traveller, and any extra expense paid locally by the traveller.
- Tolerance and consideration: When joining our trips, you will be expected to accept the diverse personalities, physical abilities and travel expectations of other group members, and will be required to accommodate these differences, as well as any cultural sensitivities of the places visited, and conduct yourself in a manner conducive to good group dynamics.
- Photos & Recordings
When on trip, employees, agents and/or other travellers of Inverted Atlas may from time to time take photographs or make recordings of you and trip activities that may identify you. Inverted Atlas reserves the right to use any and all photographs and/or recordings made on the trip for promotional reasons in printed materials, on the Internet or other media. In using such images, Inverted Atlas undertakes not to reveal your name, contact details or other personal information. You consent to the use of such images or recordings by Inverted Atlas and you acknowledge that you will not be entitled to payment or other compensation for the giving of consent or for the use of such images or recordings. Inverted Atlas may keep such images or recordings of you on record. If you do not wish for images or recordings of you to be collected, stored or used you must advise Inverted Atlas to that effect at the time of booking.
By making your booking request you acknowledge and agree that you have read, understood and agree to these Booking Conditions. These conditions cannot be varied, altered or waived by any servant, agent or representative of Inverted Atlas or any other person providing services on the trip.
The contract between you and Inverted Atlas is deemed to have been made in the State of Western Australia, Australia, and shall be governed by the laws of the State of Western Australia, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State of Western Australia, Australia.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions without affecting the remaining provisions.
These Booking Conditions do not affect any rights you have as a consumer under Schedule 2 of the Competition and Consumer Act 2010 (Cth). Inverted Atlas Proprietary Limited (640 423 089) is a limited liability company registered in Australia.