General Terms & Conditions
Please read and understand the following terms and conditions before making a booking with Cupid's Trails.
Table of Contents
Booking Terms and Conditions
Before submitting your Request to Reserve for your selected tour with Cupid's Trails, we urge you to read and understand the terms and conditions that apply to your booking.
When you submit your Request for Reservation, for your chosen tour, via the website www.cupidstrails.com.au ("the Website") you agree to the terms and conditions set out herein and in effect are entering into an agreement as provided herein.
This agreement shall be between you; the first named person / primary contact on the booking plus all persons on whose behalf this booking is made and the owner of the Cupid's Trails website; Xalt Ventures Pty Limited (ACN 673 983 189), ("XALT", "We", "Us", "the Company"). Before making the booking, you must ensure that each traveller named in the booking is informed of these Terms and Conditions.
If you are a Traveler named in a booking made by a Primary Contact, you agree that the Primary Contact may amend or cancel the booking on your behalf and you will thereafter be bound by their actions, unless you notify us in writing that are not authorised to do so.
Xalt Ventures Pty Limited sells tour packages ("Tour/s") including ancillary services such as travel, accommodation and other leisure activities but excluding airline tickets and/or air-travel related services. Xalt Ventures Pty Limited is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website ("Travel Products") that collectively make up a Tour. Xalt Ventures Pty Limited acts as your agent in making the arrangements with third party suppliers who provide Travel Products as principals ("Suppliers"). Xalt Ventures Pty Limited is not the agent of any such Supplier. You will also be subject to the terms and conditions of any Supplier in addition to these terms and conditions.
Registration
In order to purchase any product or service available on the website you; the primary contact, needs to be a registered user of the Website. When registering, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address. You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy which, along with our Terms & Conditions are available on our website without restriction of having to register with us. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately at enquiries@cupidstrails.com and address your email to the Head of Operations – Cupid's Trails. We are not liable for any unauthorised use of your account.
If you are the Primary Contact and providing us with the personal information of your travel partner, such as when you make a booking as a couple, request visa support services or provide details of an emergency contact or medical conditions, you must ensure that you inform these persons of the information that you intend to provide to us, and that those you represent are aware of the content of our Privacy Policy and consent to the disclosure of their personal information to us.
You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.
Capacity
By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a user of the website.
Website Changes
We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those Tours that you had previously purchased through the Website.
Deposit Requirement upon Request to Reserve
You will be required to pay a deposit for your booking to be confirmed after you have submitted your request to reserve. You are required to pay a deposit of 30% of the value of the package selected unless otherwise stated in our acknowledgement of your request to reserve. If your booking is made within 58 days of the tour commence date then the full amount is payable at the time of booking. Deposit amounts may 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 Special Conditions.
Acknowledgement of your Request to Reserve
If we accept your booking, we will issue you with a booking confirmation invoice via email and details required for payment will be loaded on your "my tours" section of your account. A contract will exist between you and us from the date we receive your first deposit. If you book within 58 days of tour commencement the contract will exist when we accept your payment. If for any reason we do not accept a booking and a payment has been made, then this will be promptly refunded.
Balance 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 45 days before the tour commencement date, except if otherwise set out in any Special Conditions.
If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 3 days after the reminder, you will be deemed to have cancelled your booking and you will be responsible for any cancellation charges that we may incur.
Prices and Surcharges
The prices of our Tours are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. The Price offered to you upon acknowledgement of your request to reserve will be the price you can lock in by making required payments in time.
Any changes to pricing or discounts that may become available after we have confirmed your booking will not apply to your booking. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out below in clause 9 (Cancellation by You).
The most up to date pricing is available on our website. Prices are based on currency exchange rates at the time of publication; note that prices may vary depending on which currency the booking is made. We endeavour to ensure that all pricing as well as other information on our website is accurate. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice when we acknowledge your request to reserve. If you have made a payment prior to us sending your booking confirmation invoice which contains amended prices, then you can give us notice within 7 days to cancel your booking in which case we will refund you in full. If you do not provide this notice you will be deemed to have accepted the revised price.
We reserve the right to impose surcharges up to 58 days before departure due to unfavourable changes in exchange rates, fuel surcharges imposed on us, increases in airfares or other transportation costs outside our control, or increases to government taxes, levies, permits or charges. In such instances we will absorb increases up to 5% of the selected and confirmed tour price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to a purchase made by credit card.
Disclaimer
The prices that are confirmed when we acknowledge your request to reserve are prices that include all relevant taxes and charges.
Cancellation by You
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation from you that you wish to cancel. If you cancel a trip:
- 45 days or more prior to departure, we will hold your deposit amount as a credit (Deposit Credit);
- Between 31 and 44 days prior to departure, you will be charged a cancellation fee of 20% of the total booking cost;
- Between 15 and 30 days prior to departure, you will be charged a cancellation fee of 30% of the total booking cost; or
- 14 days or fewer prior to departure, we reserve the right to charge a cancellation fee of 100% of the booking cost. Whilst best endeavours will be made to recoup any costs that we can pass on to you from those services we would have engaged to deliver your tour, the outcome of those endeavours will be solely at our discretion.
You are strongly advised to take out cancellation insurance separately at the time of booking.
If you leave a trip for any reason after it has commenced (other than where we cancel it for operational reasons), we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made for unused services. Please refer to clause 25 (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.
Cancellation by Us
Our tours will commence on the stipulated date once the tour has been fully paid for unless otherwise terminated in accordance with these Booking Conditions. In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, unless your trip is cancelled due to a Force Majeure Event (as defined below in clause 11) in which case your rights are set out in clause 11.
We will not be responsible for any incidental expenses that you may have incurred including but not limited to visas, vaccinations, travel insurance or non-refundable flights resulting from our cancellation under these Booking Conditions.
Cancellations by You or Us due to Force Majeure
Prior to your trip's commencement — In addition to the cancellation rights set out above:
- We may cancel a tour due to a Force Majeure Event occurring at destination or its immediate vicinity and which significantly affects the performance of the tour or significantly affects the transport arrangements to the locations where your tour is scheduled to commence; or
- You may cancel your booking if any Force Majeure Event (excluding the failure or delay of commercial airlines) directly prevents you from travelling to the destination where the trip is scheduled to commence or if government restrictions make it impractical for you to make use of the trip (for example, quarantine requirements).
In these circumstances, Cupid's Trails will offer you: a) a 100% credit of monies paid for your trip; or b) a refund minus unrecoverable costs.
After your tour commences — If the cancellation due to a Force Majeure Event occurs after your trip has commenced, Cupid's Trails will offer you: a) 100% credit for the days that remain on your trip; or b) refund minus unrecoverable costs of the days that remain on your trip.
A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue and includes but is not limited to: acts of God; cyber incident; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties.
In the event of any cancellation in these circumstances, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Use of Website by You
- You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
- You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
- You agree not to engage in any activity that manipulates, exploits or abuses the website offerings, rewards programs, internal or external promotions, discounts or offers in a way that is dishonest, fraudulent or inconsistent with the intended purpose of the programs or services. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. In addition, we may reverse any benefit arising from any fraud, abuse or illegal activity and will have the right to recover any losses arising from such activity.
- We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a Tour, we will email you a copy of any confirmation prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
Information on this Website
Information about offers on the Website may be based on material provided by our service providers. We do our best to verify the information provided to us by these service providers, but we cannot guarantee its accuracy on all occasions. You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by Suppliers. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. All imagery and video on the Website are for representational purposes only.
Accessibility of Booking Confirmation
Your Tour booking confirmation will be accessible via your account with us.
Booking Confirmation
The Booking Confirmation you are provided for the Tour/s you purchase is redeemable for the specified offer. The relevant supplier(s), not Xalt Ventures Pty Ltd, are, individually and separately the sellers of the respective Tour crafted by us. Whilst we try (as much as possible) to ensure that we only promote those Suppliers who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any services to be provided.
Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, Tours cannot be combined with any other gift certificates, Tours or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the Tour is non-refundable and cannot be exchanged for other services or cash.
We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation's unique reference number.
Purchase Expiry and Extension
The booking confirmation will expire on the date indicated on the Tour booking confirmation. Expired purchases are non-refundable in whole or part. Once expired, purchases are no longer valid and will not be honoured by the Supplier.
Supplier Terms & Conditions
Any Terms and Conditions of the Supplier will always apply in addition to any specific terms of the offer stated by Xalt Ventures Pty Ltd. For example, if a Supplier is not open on certain days, the Tour will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a Tour on account of the Supplier's usual terms and conditions.
Consecutive Days
Unless the offer specifically provides otherwise, offers must be used over one continuous period and Tours cannot be split. For example, if a Tour entitles you to four nights at a resort, those four nights must be used consecutively - you cannot use two nights over one period, and then two nights over another.
Changes in Price and Itineraries
Prices are based on US dollars (can be viewed in AUD, GBP, EUR & NZD) and are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by our internal systems.
In the event of a change in itinerary (due to safety or events outside of our control) which results in cancellation or change fees in respect of parts of your travel we will notify you as soon as practicable. You will be responsible for any associated costs or will otherwise have the right to a refund (less any costs incurred or paid to third parties).
Changes to Booking
Moving booking to an earlier date:
- Changes cannot be made to a booking within 60 days of Tour commencement.
- Within 60 days of Tour Departure: The entire balance must be paid at the time of making the change, regardless of any price adjustments.
- More than 60 days from Tour Departure: If there is a price change, the entire balance must be paid at the time of the change. If there is no price change, you can move the booking without any additional payment.
Moving booking to a future date: The original deposit remains valid for the new booking. If there is a price change, you only pay the difference in price. If there is no price change, you can move the booking without any additional payment.
Price and Invoice Errors
Xalt Ventures Pty Ltd endeavours to ensure that all prices listed on the Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in Supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto Xalt Ventures Pty Ltd.
Xalt Ventures Pty Ltd reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.
What Is Not Included in Cupid's Trails Products
- Flights (except where expressly stated)
- Insurance (except where expressly stated)
- Laundry
- Phone calls on Hotel phone lines
- Beverages, meals not detailed in the itinerary
- Tips to Tour Custodians, tour guides or other service providers
- Tips to local city guides
- Items of a personal nature
- Excess baggage
- Personal expenses
- Meals not confirmed in your itinerary
- Fees or costs incurred in case of illness
- Refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. Cupid's Trails or its associated entities are not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold us responsible for any such issues.
Insurance
We strongly urge and recommend that you purchase appropriate travel insurance for all travellers after committing to any of the tours detailed on our website. As an incentive to encourage this, upon providing us proof of insurance taken we will arrange to provide you with a bonus of spending money at destination. The amount of this bonus will change from time to time entirely at our discretion, but will be clearly stipulated on the tour details on our website.
Passports, Visa, Vaccinations, and Baggage
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 for 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. These things are not our responsibility.
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 relevant Department responsible to issue travel warnings in your country for current travel advice. Xalt Ventures Pty Ltd accepts no liability in this regard.
You could also additionally check with the embassies or consulates or any other authorities of your own country to obtain their advice regarding the country to which you intend to travel for any health, 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.
Xalt Ventures Pty Ltd and/or its servants and agents accept no responsibility if you are refused entry into the country / countries of your destination. Xalt Ventures Pty Ltd and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold Xalt Ventures Pty Ltd including its servants and agents responsible for any such refusal.
Xalt Ventures Pty Ltd and/or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday.
You are responsible for all information provided when we assist you with your visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are 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 countries visited.
Liability
All information not originating from us, such as reviews, comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the website or social media unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.
In the absence of its own negligence neither Xalt Ventures Pty Ltd nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither Xalt Ventures Pty Ltd nor any agent or affiliate is responsible for any criminal conduct by any third parties.
All bookings agreed to be made by Xalt Ventures Pty Ltd with the provider of any transport or other services are subject to the terms and conditions imposed on such Suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.
Xalt Ventures Pty Ltd does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither Xalt Ventures Pty Ltd, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom Xalt Ventures Pty Ltd, its agents or affiliates have no direct control.
Neither Xalt Ventures Pty Ltd nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.
Neither Xalt Ventures Pty Ltd nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
Neither Xalt Ventures Pty Ltd nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, Xalt Ventures Pty Ltd cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.
Limitations of Liability
Xalt Ventures Pty Ltd designs and arranges your Tour, which will be made up of tour components provided by other suppliers.
Xalt Ventures Pty Ltd bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You therefore commit to indemnify and hold harmless Xalt Ventures Pty Ltd against all damages or claims made by you. The above provisions do not apply to benefit Xalt Ventures Pty Ltd if the cause of the loss or claim against Xalt Ventures Pty Ltd arises directly as a result of a breach of any of these terms by Xalt Ventures Pty Ltd.
Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Links to Third Party Websites
The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.
The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
Standard of Service
The standard of service in your holiday is based on various factors and neither Xalt Ventures Pty Ltd nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.
Complaints or Problems
We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the Supplier, by keeping your Tour Custodian aware of the issue and by notifying us immediately via email: enquiries@cupidstrails.com
If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to Xalt Ventures Pty Ltd within 30 days of return to your home country.
We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a Supplier, you must email that complaint to: enquiries@cupidstrails.com
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refund Policies described in clauses 9, 10 & 11.
Intellectual Property
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.
Change of Control & Communication by Us
Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
As a condition of registering for cupidstrails.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document: 'Administrative Emails' involve details of account activity and purchases you have made, 'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply replying "unsubscribe" to any such emails.
Governing Law
This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.