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Important Information

Here is some important information that you should be aware of before booking with us and before travelling. These published Booking Conditions consist of specific conditions of booking and along with inferred conditions form an integral part of the agreement when any booking is made with HolidayMax.

We strongly recommend you take out travel insurance to cover any unforeseen circumstances such as the need to cancel your holiday or a disruption to your travel. Travel insurance is inexpensive and can cover the loss of deposits, cancellation fees, loss of baggage, travel disruptions and medical expenses.

Published Booking Conditions

Validity & Costs

You must obtain the current applicable costs from HolidayMax for your specific travel dates.

All costs in the HolidayMax brochures and advertisements, along with costs advertised on the HolidayMax website, are approximate starting costs for 2 people travelling together, sharing a room/cabin and traveling on selected dates during off-peak low-season, are subject to seasonal surcharge and are a guide only. All costs are subject to change without notice, do take account of GST and are in Australian dollars (AUD). Costs are inclusive of our Service Fee for travel agent services, administration, handling etc. All reservations are subject to these standard conditions.

As prices vary based on travel dates we recommend being flexible with your travel dates to get the best deals. Solo traveller prices available on request. There is limited availability at the current applicable costs, after which higher prices are likely to apply.

Dynamic Pricing and Instant Purchase bookings are now a common part of the travel industry and help you to get a great deal.

You can be informed of the current applicable costs for your actual dates of travel by:

  • Asking HolidayMax for an Individual Costing for the number of people and the specific services and the travel dates required or
  • Go to HolidayMax and select your specific Accommodation or Flight + Hotel Package requirements and enter your required specific travel dates (live costs). All current applicable live costs will be based on Dynamic Pricing and an Instant Purchase (ie costs might change at any time up until a booking is confirmed).

Costs become firm when your booking is fully confirmed when HolidayMax issues a Reservation Confirmation email.

Should the booking be cancelled for any reason (eg due to lack of deposit or no full payment processed) the original costs are no longer firm and might change when re-booked.

Dynamic Costs and Instant Purchase bookings are now a common part of the travel industry and help you to get a great deal. Availability at listed approximate prices is limited to a certain number of rooms/cabins/cars/people. However, once sold-out at the listed approximate prices, further availability might be able to be confirmed at another dynamic cost.

There may also be spot specials available at lower prices. Ask HolidayMax for the current applicable costs.

Advertised Package costs are shown and indicated to be approximate starting costs based on travel in selected dates during off-peak low season. Travel on other dates will attract a surcharge.

Extra fees might be applicable for vehicle hire and self-drive packages.

Please refer to the Vehicle Hire inclusions within this brochure, on the website pages and the Vehicle Hire Inclusions sheet included with your Individual Costing and also with Reservation Confirmation and also with your Holiday Documentation.

Your booking request is accepted when we issue a Reservation Confirmation email and you have paid your deposit. It is at this point that a contract between us and you comes into existence subject to these Booking Conditions.

Payments & Documentation

A deposit is required at the time of booking (20% of the booking value or minimum $1,000 per person). Holiday packages are instant purchase with full payment required within 14 days of the initial Reservation Confirmation being issued.

There is no payment fee for payments made by direct deposit (EFT), cash or cheque. A Credit Card Fee is applicable for payments made by Credit Card, the fee amount is advised in your Reservation Confirmation or at the time of payment. We may choose to waive collecting the Credit Card fee for initial deposit payments, provided the remaining payments are not made by Credit Card. We recommend paying by direct deposit (EFT) to avoid any Credit Card fee.

If full payment is not received within 14 days of booking, we may treat your failure to pay as a “change of mind” cancellation by you; and we reserve the right to collect additional payments from you to cover any additional costs and losses resulting from your failure to pay.

Your Holiday Documentation and tickets will be emailed to you following receipt of full payment and typically around 2-3 weeks before travel.

Traveller Details & ID Requirements

You are required to provide any requested Traveller Details or other information promptly, completely and in the format required. Any additional costs incurred as a result of any delay in us receiving this will be your responsibility, including you baring the responsibility for increases in flight prices, hotels etc and currency fluctuations. Some Service Providers, such as airlines, may deny you the services if your ticketed name does not match your passport or other ID. For security reasons, international airlines and overseas Service Providers require you to provide names and other Traveller Details to us exactly as stated in your passport. If you do not advise the correct Traveller Details and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own amendment and re-issue fees.

To protect you from identity fraud, you will be required to present your Credit Card to the airline(s), hotel(s) and/or car hire company at the time of check-in. The airline(s), hotel(s) and/or car hire company will ask you to provide photo ID to ensure that your identity matches the booking identity and the credit card used to make the booking. A copy of your photo ID may be retained by the service providers. You agree that any identification and contact information that you supply to the service providers may be copied to us in the event of a credit card or identity dispute.

Accommodation & Children's Rates

Costs are approximate and generally based on a per person basis for twin share accommodation in a twin or double bedded room or cabin. A supplement is payable when one person solely occupies a room or cabin. Single rooms may not always be available. Triple accommodation is the cost based on three people sharing one room. Child rates are usually available for children sharing the same room with two adults. Often the first child is free with a minimal 'rollaway bed' cost for the second child. HolidayMax will be happy to confirm this for you.

Should accommodation described in a specific holiday be unavailable, a similar alternative will be used. Your Travel Agent will be informed of the alteration.

Meals

Meals are shown as indicated on each day as follows: [B] - breakfast, [L] - lunch, [D] - dinner.

Responsibility

HolidayMax or its accredited agents finalise all arrangements for all holidays or travel upon the express condition that it shall not be liable for any injury, damage, loss, accident, delays generally or any irregularity which may be caused either by reason of any defect in any vehicle, vessel or aircraft of any company or person engaged in conveying or accommodation of passengers, or in the carrying out of arrangements of the holidays or travel. HolidayMax is a wholesaler (not a principal) and in the provision of holidays or travel products acts solely as an agent on behalf of the principals (supplier Service Providers). The service we provide to you is an Itinerary Planning and Booking Service, and is limited to the arrangement and coordination of your travel arrangements and services. We are not responsible for delivering the travel services to you, or for the standard of any travel service provided by supplier Service Providers. To the fullest extent permitted by law, our maximum liability 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.

All bookings are made on your behalf are subject to the terms and conditions, including conditions of carriage, limitations of liability and cancellation conditions, imposed by supplier Service Providers. Cancellation or amendment fees imposed by Service Providers may be applicable immediately after booking and may be as much as 100% of the booking. The relevant Service Provider terms and conditions may be published on the Service Provider’s own website or we can provide you with copies of on request. Specific details of principals available on request. Your pre-payment may in-turn be pre-paid by us to the Service Provider before travel.

Your booking is made via HolidayMax™.  HolidayMax and Discover Australia Holidays are trading names of Kalhaven Holdings Pty Ltd ACN 071 663 262 (HolidayMax).  HolidayMax acts solely as a travel agent for the Service Providers, including acting as an agent for HolidayMax Travel Operations Pty Ltd ACN 676 808 585 (HMTO).  HMTO is a Service Provider that is separate from Kalhaven Holdings Pty Ltd. HMTO provides the following travel services: HolidayMax Escorted Tours, HolidayMax Shore Excursions, HolidayMax River Cruises, HolidayMax Representative, along with other services.  HMTO supplied travel services may be named in the description of your holiday on the website, in your Reservation Confirmation or within your Travel Documentation.  Those services are in turn operated independently by the local partner of HMTO who may also impose conditions on you.  Ask for details of the conditions imposed by HMTO and its partners. HolidayMax acts as an agent for HMTO and is not responsible for the services provided by HMTO.  Specific details of the services provided to you by HMTO are also available on request.

Should you encounter any dissatisfaction in the delivery of services from a supplier Service Provider whilst travelling you must immediately inform the Service Provider. You must request the Service Provider put any issues or failures right at the time and give them the opportunity to do so. Any disputes between you and a Service Provider is to be resolved between you and the Service Provider. If for any reason any supplier Service Provider is unable to provide the services for which you have contracted, or you are not satisfied with the standard of any service provided, your remedy lies against that Service Provider, and not against us. You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia. Any optional excursions described on our website are indicative example excursions that may potentially be available for your travel, and is subject to availability, operational needs and change; any optional excursion pricing described is indicative pricing and subject to currently fluctuation and change. We are not responsible for any additional activities or excursions which are not included in the cost of the holiday booked with us (such as optional excursions you purchase directly with a Service Provider). We are not responsible for any advice or recommendation made to you by a guide, local tour operator or Service Provider. We will only consider and be responsible for claims made against us where (a) the supplier Service Providers have had the opportunity to put things right on the ground, and then if still unsatisfied (b) we have had the right and opportunity to put things right whilst you are still travelling. If your problem remains unresolved to your satisfaction, then any claim must be made in writing and in full within 30 days from the end of your travel arrangements. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of a supplier Service Provider.

After the Reservation Confirmation is issued, you will be responsible for the cost of your holiday. In the event that payment has been made to us by credit card (or debit card), you agree that you will not seek to charge back (or reverse) your payment to us without first seeking a written refund from us and seeking a resolution in the 60 days following the refund request. In any event (including following a credit card chargeback), you agree that you are (and will remain) fully liable for any payments due to us as agreed at the time of booking and if at any time your payment is outstanding (including through chargeback) you agree to pay the outstanding amounts to us immediately (according to the payment schedule agreed at the time of booking and these conditions). You will be liable for any additional debt recovery costs and any reasonable costs incurred by us through your payment being outstanding (including following a chargeback). To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.

When joining a group tour, cruise or holiday, 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 tour, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.

If you place a booking on behalf of another party, you represent and warrant us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.

It is a condition of booking that all parties agree that the transaction occurs in the Australian State of Western Australia and that the applicable laws of Western Australia shall apply. All parties unconditionally agree to submit any dispute in connection with the booking agreement to the jurisdiction of the Courts of Western Australia. If any of part(s) of this agreement is not upheld, both parties agree that the remaining sections of this agreement remain in force. The invalidity of any provisions herein shall not affect the validity of any other provisions. The agreement shall be construed as though the invalid provision was not contained herein and was replaced with an enforceable provision as similar as possible to the original provision. Australian Consumer Law and corresponding legislation in State 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, we disclaim all warranties.

Airline Indemnity

Airlines sole involvement in the tour programmes are as air carriers only and carry no responsibility for statements in the literature relating to the tour or any of its features and as such are indemnified against any claim, action, loss or damage which may be made against the airline or which the airline may incur as a result of any misdescription or misleading information contained in the tour literature.

Travel Insurance

HolidayMax strongly recommends you take out travel insurance to cover any unforeseen circumstances such as the need to cancel your booking or holiday or a disruption to your travel. Travel insurance is inexpensive and can cover the loss of deposits, cancellation fees, loss of baggage, travel disruptions and medical expenses.

Luggage

Luggage restrictions may apply, especially for air travel, train travel, cruises and on overnight touring (especially 4WD tours). Check with HolidayMax if you are unsure.

Cancellations

If you cancel all or part of your holiday this is considered a “change of mind” and the following will apply:

You should contact us as soon as possible. Cancellations must be made in writing by the person that made the booking (this helps to protect you). Holiday cancellations made 14 days or more after the date of booking will incur our booking Service Fee of 10% of the gross holiday cost. Additional cancellation fees or charges may apply from Service Providers and third-party costs associated with your cancellation (which may be applicable immediately after booking and may be as much as 100% of the booking). We strongly recommend Travel Insurance to cover cancellation charges, service fees and travel disruption costs.

For the avoidance of doubt, any cancellation by you is considered a change of mind by you, including if your reason to cancel is due to any health issue, jury duty, bereavement or fear of travel. Note your Travel Insurance should cover most contingencies. You are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence of any cancellation or amendment, including if you decide that you do not wish to travel or to visit a region or country you had intended to visit because of any changes within the country, any government regulation/law, or any condition/requirements imposed by Service Providers.

Amendments

Should you wish to add any services to your arrangements following the confirmation of your holiday, there will be no amendment charge. Should you need to amend the dates of any services following their confirmation, a $120 amendment service fee will apply and you will be required to pay any greater costs, if applicable, in full. Should you need to partially cancel any confirmed services, a minimum $120 amendment service fee will apply. If your Holiday Documentation is already generated, an additional re-issue fee of $100 will apply.

Please note additional amendment or cancellation fees and non-refunds by the Service Providers may also apply. A substantially cancelled booking will be treated as a holiday cancellation and will attract fees and charges as described under the “Cancellations” section.

Refunds

Refunds may be available if you decide to cancel or amend your booking prior to travel, see the “Cancellations” section for details of our Service Fee and other third-party cancellation fees and changes. Any refunds due for partial holiday cancellations for yet to commence holidays will incur our Service Fee of 10% of the gross cost of the components being cancelled. After commencement of your holiday, should any refunds be available from Service Providers for any unused minor services, a $100 service fee will apply to cover administrative handling of the refund.

Refund requests are to be submitted in writing by the person that made the booking (this helps to protect you). It will not be possible to give an accurate indication of refunds due until responses are received from supplier Service Providers relating to their fees. Once all supplier Service Provider fees are known, you will be contacted and advised of the outcome. We process refund requests promptly and any refunds due are paid to customers as soon as practical. In order to protect our valued customers from financial fraud, any refund will be made in the manner the original payment was made. Refunds of payments made via Credit Cards will only be made directly into the original paying Credit Card. Your bank manager can assist with the transfer to the new credit card should you have changed Credit Cards in the interim.

Holiday Inclusions

The inclusions published in this brochure and website are accurate at the time of publishing but details may change for various reasons. Please study the conditions relating to this brochure and website carefully and check the specific holiday details quoted by us in your Individual Costing or your travel agent before you book. All holidays, inclusions and bonuses subject to availability at time of booking. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included. Some overseas destination governments may impose a local tourist tax that must be collected locally by the hotel from you and is your responsibility to pay in accordance with local laws.

Special Bonus Conditions

Special bonus conditions apply. All special bonuses described only apply to bookings for individuals in small groups of 9 or less people. Bookings for groups of 10 or more people do not automatically qualify for special bonuses. Further information and special group costings available on request. Special bonuses described do not automatically apply to special event packages and special event bookings. Special event packages, brochures and websites will specify the special bonuses that apply to those specific bookings.

Eligible FREE Transfer passengers will be transferred to the property. Your FREE Transfer must be requested and booked at time of booking your holiday. Validity based on consecutive night stays.

Itineraries, Travel Disruptions & Force Majeure

Itineraries, vehicle types and vessels are subject to change without notice. HolidayMax (and it’s supplier service providers) reserve the right to delete, cancel or alter holidays, tours, cruises, activities, transfers, flights, accommodation or other travel arrangements without notice or explanation. Holiday package inclusions may be deleted, cancelled or altered without notice. We will provide either alternative arrangements or a Travel Credit if cancelled or deleted by HolidayMax (or it’s supplier service providers) outside of a Force Majeure event. Alternative arrangements will be provided if holidays, package inclusions, itineraries, vehicle types or vessels are altered by HolidayMax (or it’s supplier service providers) outside of a Force Majeure event. A Force Majeure event is defined to include any road or weather conditions, unrest, security or public health concerns, strikes, government travel restrictions, government travel advisories or any other reason beyond HolidayMax’s control. If your holiday (or any travel arrangements) is postponed, disrupted, deleted, cancelled, suspended, altered or otherwise impacted as a result of a Force Majeure event or from external consequences that make our performance of the agreement impossible or for any other reason beyond our control then we will provide you with a Travel Credit (less any third-party costs, unrecoverable amounts and fees from supplier service providers). The Travel Credit can be applied to the cost of a future holiday package with us, it will be non-refundable and may also be subject to supplier service provider conditions of use and our conditions of use. For the avoidance of doubt, refunds will not be offered in a Force Majeure event or when external consequences that make our performance of the agreement impossible or for any other reason beyond our control.

Your travel may be subject to travel disruptions, which can include delays, suspension, re-routing, alterations and cancellations to flights, cruises, tours, transfers, transportation and other travel arrangements. Additional expense as a result of any travel disruptions or any postponed, deleted, cancelled or altered travel arrangements will always be at the passenger's cost (even if that impacts other inclusions within your holiday). Travel insurance is strongly recommended to cover for this.

Wildlife is, by its very nature, 'wild' and are free spirits to exist without constraints of their behaviour. While the world is particularly blessed with an abundance of wildlife (animals and plants), their presence is not guaranteed at any time.

Fitness, Mobility & Medical

Any physical, mental or emotional disability that may require special handling or treatment must be advised in writing when a reservation is made. Some holidays or Service Providers may require minimum levels of fitness or mobility. You must advise of any fitness, mobility or medical restrictions you or any person travelling may have at the time of booking. It is your responsibility to ensure that you or any person travelling has adequate levels of fitness, mobility and medical clearance required for the holiday you choose to book. Some Service Providers may deny services if their required levels of fitness, mobility and medical clearance are not met (where any additional costs incurred by you are your responsibility). Special dietary requests are required to be notified to us at the time of booking. Although we will use reasonable endeavours to accommodate requests, we cannot guarantee requests will be met by supplier Service Providers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.

A medical examination (and clearance from your doctor) is recommended for those travellers with health issues or who are elderly. Some tours, cruises and holidays are to remote areas and passengers on medication should take an ample supply with them. No responsibility can be accepted for accidents, illness or misadventure or loss of goods or possessions and it is strongly recommended that adequate insurance can be taken out to cover against those.

International Travel Responsibilities

It is your responsibility (ie the person booking) to ensure that each traveller within the travelling party is able to enter each country, including organising appropriate passports, any visas, travel documents or any other immigration and boarder control needs. It is your responsibility to understand the current or likely risks of travel, including to/within the countries of your choice, and to make any necessary preparations (such as taking medical advice on vaccinations). We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by relevant governments prior to booking travel to international destinations. We strongly recommend that you consult with the smarttraveller.gov.au website before booking (and monitor smarttraveller.gov.au until you return home) and take other measures to understand the risks of travel and what your general responsibilities are as a traveller. HolidayMax does not warrant or recommend that any country, locality or travel product is appropriate for your personal circumstances, it is your responsibility to choose these according to your own personal needs and your appetite for risk and adventure. We strongly recommend travel insurance to cover any unforeseen incidents or accidents.


Thank you for reading our published Booking Conditions. We hope you have a wonderful holiday.
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