Booking Terms + Conditions 2

Agency

1. We provide you with Booking & Advisory Services that allow you to acquire Travel Products from a Provider. We act as agent for the Provider.
2. By acquiring Booking & Advisory Services from us, you agree that you have read and understood our terms and conditions which also incorporate the terms and conditions of the Providers.

Fees and Commissions

3. We may charge a fee for providing the Booking & Advisory Services to you. The fee is non-refundable, even if the Travel Product is not used.
4. We may receive a commission, fee, rebate, gift or financial incentives from Providers, in respect of your booking. Any commission, gift, fee, rebate and/or financial incentive received by us from Providers in relation to your booking is non-refundable in the event of cancellation.

Booking Terms

5. To reserve your place on one of the event packages, you must complete the Booking Form and pay the non-refundable and non-transferable initial deposit. Please refer to terms under Deposit and Final Payment for full details.
6. The sale of guaranteed race entry alone is not possible and must be purchased in conjunction with one of our Packages.
7. The Travel Products offered are subject to availability and can be withdrawn without notice by the Provider. Travel Products may also change at any time in accordance with the Providers terms and conditions.
8. When making a booking, you must provide details of each traveller correctly. We have no responsibility for any loss or damage arising from the incorrect entry of a traveller's details.
9. Travel Products obtained through the Booking & Advisory Services are not guaranteed until payment has been made in full and documents have been processed.
10. Updates and documentations are provided to you via email. We cannot be held responsible if the information or documents that are sent to you do not arrive due to an incorrect email/mailing address or your junk email settings. You must notify us immediately if you change your email address, contact telephone number, or mailing address after making a booking. It is your responsibility to advise us if you have not received your documentation or do not receive communications from us.
11. When making a booking you must advise us of any medical, dietary or mobility conditions you may have.

Payment Terms

12. All pricing is reflected in Australian Dollars unless otherwise specified.
13. Where applicable, pricing is inclusive of goods and services tax (GST), or other such value added taxes.
14. A credit card or debit card fee may be charged by certain Providers. You will be notified of such charges prior to your purchase.
15. Credit Card transaction fees may vary or in some instances may be waived by certain Providers.
16. All costs are subject to currency fluctuations, where applicable, and/or price increases until paid in full.

Room Share Request

17. When requested, we will do everything possible to match you with someone of the same gender to avoid the single supplement, however this cannot be guaranteed.
18. Should we be able to match you, a $55 fee will apply.
19. Should the person you are sharing with subsequently cancels during or after the booking process, you may then be liable to pay for the difference between the twin share and the single rate less the $55 fee.

Refunds and Credits

20. If you cancel your Travel Product, your right to a refund or credit is subject to the terms and conditions of the Provider.
21. If the Provider is required to provide you with a refund or credit for the Travel Product, we will liaise with the Provider to arrange that refund. Where you are entitled to a refund, we are unable to provide you with this refund until we receive it from the Provider. Please note that most Providers take 60 - 90 days to process any refund and some can take up to 18 months, depending on the jurisdiction of the country where the Provider operates from.
22. Any refund or credit will be subject to these terms and conditions and will not include the credit card fees or any commissions received.
23. Where refunds for unused services are allowed, a service fee may be charged by the Provider against the value of the refund.

No Show

24. If you have a booking for a Travel Product but you do not show up to check-in or otherwise do not avail yourself of such Travel Product, you will not be entitled to any refund from us.

Deposit and Final Payment

25. Each booking is subject to the following non-refundable and non-transferable initial deposits:
    • A non-refundable and non-transferable deposit will be required at time of booking for the Event Package or other Travel Product. Please refer to your travel specialist for the exact deposit amount.
    • Deposits are due within 24 hours of acceptance.
    • Bookings cannot be confirmed until initial deposits are received in full and our Terms and Conditions are read and signed.
    • Some bookings are subject to a further non-refundable and non-transferable instalment. Please refer to your travel specialist for further details.
    • Final payment is due 90 days prior to departure unless otherwise specified by your travel specialist.

Fees

26. A $110 late payment fee is applicable for any payment received after its due date. If any payment is not received within 5 days of becoming due, you will be deemed to have cancelled your booking and the cancellation policy under Cancellation and Amendments, will apply.
27. A $75 amendment fee per person per change made once reservations have been confirmed (plus any additional charges incurred by the Providers); except if the amendment is made within a month of departure, a $110 fee will apply per person per change (plus any additional charges incurred by the Providers).
28. A $110 late booking fee may apply for reservations made within 2 months from the date of departure.

Cancellation and Amendments

29. 29. Each booking is subject to the following cancellation fees (variations apply with certain events - please refer to the list of variations further below):
        • Deposits are non-refundable and non-transferable
        • 25% of the amount received to date plus the non-refundable deposit if cancelled more than 90 days prior to the date of departure;
        • 50% of the amount received to date plus the non-refundable deposit if cancelled 61-90 days prior to the date of departure;
        • 75% of the amount received to date plus the non-refundable deposit if cancelled 31-60 days prior to the date of departure; or
        • if cancelled within 30 days or less of the date of departure no refund will be given

Variations to the above Cancellations Fees apply as follows:

29. • Refunds are not available at any time for the Tokyo Marathon, Boston Marathon, TCS London Marathon, BMW Berlin Marathon, Bank of America Chicago Marathon, TCS New York City Marathon, and Antarctica Marathon.
    • Refunds are not available for the Marathon des Sables if cancelled on/after 01 January 2022.
    • Refunds are not available for the Big Five Marathon, Petra Desert Marathon, Polar Circle Marathon and Bagan Temple Marathon if cancelled within 75 days from date of departure.
    • Comrades Marathon: Forfeit 50% of the package price if cancelled on/prior 01 April 2022; Non-refundable if cancelled on/after 02 April 2022.
    • Certain Travel Products are non-refundable from the time they are purchased. Your travel specialist will advise you of this.
    • Race entries are STRICTLY non-transferable.
30. If you amend or cancel your Travel Product, we reserve the right to charge the cancellation and amendment fees as outlined in these terms and conditions or as advised by your travel specialist at time of booking.
31. We are not liable for any cancellation fees or refusals to refund made by the Provider.
32. Many Providers treat name changes and route and/or itinerary alterations as a full cancellation and these can incur full cancellation charges.
33. We will not charge a cancellation or amendment fee if you cancel or amend your booking due to a breach by us of our obligations to you or due to our fault.

Event Cancellation

34. In the event that a race is cancelled for any reason, the cancellation policy under Cancellation and Amendments will apply, subject to us refunding any race entry fees or other Travel Products, if any, refunded by the race organisers or other Providers.

COVID-19 (Coronavirus)

35. You are choosing to travel at a time where you may be exposed to the Coronavirus. It is your responsibility to ensure you have read and understand all relevant travel information including health.
36. We endeavour to provide the most accurate and up to date travel information at time of booking on travel restrictions and transit points for countries and areas you may be travelling to and via, however, this information is subject to government change and is the travellers' responsibility to continue to monitor any changes that are relevant to their itinerary before and during travel.
37. Should future travel mandates from suppliers and governments require compulsory vaccinations, vary the minimum age, special exemption criteria and/or PCA testing it is the traveller's responsibility to meet this requirement. Please note you may be required to provide a negative COVID test result for travel and some countries may require further testing on arrival.
38. You acknowledge that your decision to travel is made based on your own understanding of this information, and you acknowledge and agree that you are aware of, and assume responsibility for, the risks associated with traveling at this time.
39. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

Force Majeure

40. We will not be liable for any failure or delay in performing our obligations in booking the Travel Product that is due to events beyond our control.
41. If a force majeure event occurs that affects your booking, your entitlement to a refund, a credit or re-scheduled travel booking will depend on the Provider's terms and conditions.
42. If your booking is impacted by a force majeure event and you are entitled to a refund or credit from the Provider, we will facilitate this refund or credit.
43. The Booking & Service Advisory fee, credit card fees or any commissions received are non-refundable in the circumstance that a force majeure event occurs.

Hotel/Accommodation Bookings

44. Some Providers will require an additional charge to be paid locally (e.g. a resort fee) at the time of check in or check out. This amount is in addition to the amount shown during the booking process under the 'total booking cost' amount.
45. There may be taxes levied abroad but not paid at the point of purchase that are payable in relation to your hotel booking (e.g. local taxes, sales tax etc.). Any local taxes will be payable by you directly to the Provider at the time of check in/check out.

Changes in Price and Itineraries

46. We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent.
47. If a Provider changes any part of your booking for reasons beyond its control, we will use our reasonable endeavours to notify you. If any such changes result in your Travel Product costing more or otherwise being materially different, then you may cancel the Travel Product. Any refund would be subject to the Travel Provider terms and conditions.
48. These terms and conditions are subject to variation at any time. Any variation will be displayed here, and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.

Travel Insurance

49. Personal travel insurance is not included in the package price.
50. It is a condition of booking a package with us that you have travel insurance
51. It is your responsibility to ensure that you are adequately insured for the full duration of the trip in respect of illness, injury, death, loss of baggage and personal items and cancellation/interruption and curtailment, as well as all of the activities you expect to participate in.
52. If you do not purchase travel insurance through Travelling Fit, you must provide us with evidence that you have obtained personal travel insurance. Without evidence we reserve the right to withhold your travel documents until such time as evidence is produced.
53. If you do not purchase travel insurance through us and you need to make a claim for whatever reason, an $85 minimum fee will be charged to process the relevant paperwork for your insurer.

Your Obligations and Warranties

54. You warrant to us that:
    • you are at least 18 years old and have the power, capacity and authority to enter into a binding contract with us and with the Providers of the Travel Products that you acquire;
    • you have read and understood these terms and conditions and if booking on behalf of third parties, you have conveyed these terms and conditions to them;
    • the information you provide us about yourself is true, accurate, current and complete (apart from any optional items) as required by any registration process;
    • you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover; and
    • you will use the Booking & Advisory Services in accordance with these terms and conditions and you will not use the Booking & Advisory Services in any way to breach any laws or defame anyone.

Jurisdiction and Law

55. All matters arising out of or in connection with the Booking & Advisory Services and these terms and conditions are governed by the laws of NSW, Australia. By acquiring the Booking & Advisory Services, you consent and submit to the exclusive jurisdiction of the laws of NSW, Australia.

Liability of Agency and Limitations of Liability

56. We are liable to you for providing Booking & Advisory Services in accordance with these terms and conditions.
57. Our travel Booking & Advisory Services come with guarantees under the Australian Consumer Law which cannot be excluded. These guarantees include that the services:
    • will be provided with due care and skill;
    • will be reasonably fit for the specified purpose;
    • can reasonably be expected to achieve the desired result; and
    • will be provided within a reasonable time.
58. If we do not meet any of the expectations set out in paragraph 57, you have rights under the Australian Consumer Law.
59. Subject to the Australian Consumer Law, we are not liable for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by you or third parties, or failure to complete bookings when that failure is due to circumstances beyond our control.
60. Subject to the application of consumer guarantees which may be implied into the supply of Booking & Advisory Services to you, we are not otherwise liable to you or anyone else for any loss or damage which is suffered directly or indirectly in connection with the:
    • the delivery or non-delivery of the Travel Product; or
    • any act or omission of Providers or other third parties.
61. Apart from the rights you have under the Trade Practices Act that cannot be lawfully excluded, we shall not be liable for any inconvenience, delay, loss, death, injury or damage to you or your belongings or otherwise caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party suppliers, force majeure or any other event which is beyond our control.
62. Nothing in these terms and conditions is intended to exclude or restrict the application of consumer guarantees under consumer protection law.

Liability of the Provider

63. Once you have acquired Booking & Advisory Services from us, the Provider will provide you with the Travel Product on their terms and conditions agreed between you and the Provider. You should obtain and read the Provider's terms and conditions before acquiring Booking & Advisory Services from us.
64. The Provider is liable to you for a breach of obligations in providing you with the Travel Product.
65. As an agent of the Provider, we have no control over or liability for, the services provided by Providers. We cannot guarantee the performance of the Provider and we have no liability in respect of the supply of any Travel Products including any liability in contract, tort or otherwise, for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by any provider of travel services or products by Providers. All bookings with us are subject to the terms and conditions and limitations of liability imposed by the Provider.

Disclaimer

66. Travelling Fit reserves the right to refuse an application to register for any reason. Should an entrant's application be refused, the full registration fee (including the non-refundable initial deposit) will be refunded to the applicant.
67. Your registration for an event takes effect once you complete the Booking Form, accept the Booking Terms and Conditions and the initial deposit has been received in full by us.
68. Places are limited for the events and are allocated on a first come first served basis.