Nineteen Degrees Booking Terms & Conditions
Please read the following terms and conditions (“Booking Conditions”) carefully as they form the basis of the contract agreement (“Agreement”) between you (“Participant”, “You” or “Your”) and Nineteen Degrees Pty Ltd (“Nineteen Degrees”, “Us”, “We” and/or “Our”) in relation to Your participation on a Nineteen Degrees placement (“Placement”). By asking Nineteen Degrees to confirm Your booking We are entitled to assume that You have read and understood these Booking Conditions and agree to be bound by them as part of Your Agreement with Us.
BOOKING TERMS AND CONDITIONS
1.1. Making a Booking
(a) Bookings for any Placement with Nineteen Degrees are made by creating an account on Gate 19 along with payment of a deposit of $250 per person.
(b) Nineteen Degrees will confirm receipt of Your booking and deposit in writing and at this point a contract will exist between You and Nineteen Degrees.
(c) It is Your responsibility to ensure that the booking form (account creation) is completed honestly and accurately and to advise Nineteen Degrees of any pre-existing condition, medical or otherwise, that may affect Your ability to participate on the Placement or any condition that may impact the enjoyment of either You or the other Participants.
1.2. Placement prices
(a) The price of all Placements offered by Nineteen Degrees are based on the information provided by our suppliers and such prices are accurate at the time of publication. However, all prices are subject to change if there are increases in transportation costs (including fuel), taxes, services fees, airport fees or currency fluctuations.
(b) Placement costs include flights, accommodation, interpreters, additional excursions, as outlined in the Placement itinerary and administration costs.
(c) Nineteen Degrees reserves all decision making rights in relation to Placements, including but not limited to airline carriers, departure dates, arrival destinations and Placement partners.
(d) Placement costs do not include costs associated with Participants’ recommended individual health requirements, visas, passports, airport taxes, excess baggage or fuel surcharges.
(e) Participants are responsible for providing their own personal items, including but not limited to, clothing and medical supplies.
(a) The deposit paid at the time of submitting a booking form (account creation) is non-refundable except in circumstances where We are responsible for cancelling a Placement.
(b) An invoice for the balance of the Placement cost will be sent to Participants 10 weeks prior to the Placement departure date and the full amount outstanding must be received by Us no later than 60 days before departure.
(c) For bookings made within 8 weeks of the departure date the total cost of the Placement must be paid in full by online transfer or any other means deemed acceptable to Nineteen Degrees at the time of the booking.
(d) Nineteen Degrees reserves the right to impose an administrative charge of up to $100 per person for any payments that fail to reach us by the due date. We also reserve the right to pass on a 2% charge for any payment amount made by credit card.
Travel insurance is not included in the cost of the Placement. It is the responsibility of each Participant to obtain comprehensive and valid travel insurance prior to the date of departure. Your insurance should include cover for, including but not limited to cancellation, medical and repatriation expenses, property damage, personal injury and accident, death and loss of personal property and public liability. Nineteen Degrees reserves the right to request a Participant produce proof of valid travel insurance prior to departure.
1.5. Health Requirements
Whilst Nineteen Degrees will endeavour to inform Participants of any health or immunisation requirement associated with each Placement, it is the responsibility of each Participant to confirm with his/her doctor or appropriate health care provider the latest travel requirements and health recommendations. Any costs associated with necessary health or immunisation treatment are the responsibility of the Participant.
1.6. Travel Documents
(a) Each Participant must hold a current passport that is valid for at least six (6) months after the return date of the Placement.
(b) It is the responsibility of the Participant to liaise with the relevant consulate and ensure he/she has the appropriate visa and travel documents required for entry into the country and/or countries included on the Placement.
(c) All costs associated with visa and passport requirements are the responsibility of the Participant. Nineteen Degrees will not be held responsible for any costs associated with delays, fines or cancellations of travel due to incorrect travel documents or visas.
1.7. Itinerary and Travel Schedule
(a) Every effort will be made to operate Nineteen Degrees Placements as advertised but Our Placements are planned in advance and due to circumstances out of Our control it is sometimes deemed necessary to alter some aspect of a Placement.
(b) Nineteen Degrees reserves the right to modify any aspect of the Placement both before and during the Placement, including but not limited to, departure dates, airline carrier, Placement length, size of the Placement group, local tour operators or final Placement destinations.
(c) If a modification is made to a Placement that Nineteen Degrees deems significant, the Participant will be provided with three options:
i. Accept the change; or
ii. Transfer their booking payment to another Placement offered by Nineteen Degrees (if available), or
iii. Receive a full refund of all monies paid.
(a) If Nineteen Degrees decides to cancel a Placement the Participant will be provided with two options:
i. Transfer his/her booking payment to another Placement offered by Nineteen Degrees (if available), or
ii. Receive a full refund of all monies paid.
(b) If You, as a Participant, wish to cancel Your Placement, Nineteen Degrees must be advised of this in writing (by letter or email) by the person responsible for signing the booking form as soon as possible and the following charges will apply:
i. More than 90 days before departure – 50% of the total invoiced Placement price;
ii. Between 90 days and 15 days (inclusive) before departure – 75% of the total invoiced Placement price; and
iii. Between 15 days and the departure date (inclusive) – 100% of the total invoiced Placement price.
1.9. Conduct and withdrawal
(a) By submitting a booking form (Gate 19 account creation) and deposit to Nineteen Degrees each and every Participant agrees to abide by the decisions and instructions of any local tour operator engaged by Us.
(b) Nineteen Degrees reserves the right to withdraw a Participant from any Placement if the Participant’s behaviour is considered likely to contravene local laws or customs, or likely to cause offence, danger, damage or distress to either themselves or other Participants.
(c) Nineteen Degrees shall not be responsible for a Participant once they have been withdrawn from a Placement or for any costs incurred by or associated with a withdrawn Participant. In addition, Nineteen Degrees will not consider or accept any claims for compensation or refund following the withdrawal of a Participant.
(a) Your booking is accepted on the understanding that You appreciate and assume the risks inherent with travel and in particular associated with the travel and activities undertaken as part of Your Placement. To the extent permitted by law Nineteen Degrees, nor any of its directors, shareholders, employees or agents accept any liability for any injury, loss, damage, delay or additional expense caused either directly or indirectly by:
i. The acts, omissions or default, whether negligent or otherwise, of a Participant for providing incorrect information about, but not limited to, his/her health or failing to secure the correct and necessary travel documentation;
ii. The acts, omissions or default, whether negligent or otherwise, of third party providers of facilities and services over who Nineteen Degrees has no direct control (such as airline carriers and activity operators); or
iii. Any other event amounting to “force majeure” which includes any event which we or the supplier of the facility or service in question could not, even with all due care, foresee or forestall. Such events include but are not limited to, war or threat thereof, riot, civil action, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, acts of God or any similar event.
(b) All Participants agree to indemnify Nineteen Degrees from any liability associated with the above. Further, every Participant waives any and all claims They may have now, or in the future, against Nineteen Degrees and its employees and agrees not to sue Nineteen Degrees or its employees except to the extent permitted by law in relation to non-excludable contractual rights.
3.1. Personal Information
Nineteen Degrees is committed to protecting Your personal information, and by providing personal information to Us, You consent to Us collecting, using and disclosing Your personal information as follows:
(a) You agree that in certain circumstances We are permitted to disclose Your personal information to overseas recipients, including our overseas associated entities or overseas travel service providers. These travel service providers will in most cases receive Your personal information in the country in which they will provide a service to You or in which their business is based;
(b) Generally, we will only disclose Your personal information to these overseas recipients in connection with facilitation of Your booking and/or to enable the performance of administrative and technical services by them on Our behalf;
(c) Where We disclose Your personal information to any person (including any overseas recipients), We will use reasonable efforts to ensure the recipient’s compliance with relevant privacy laws; however, You acknowledge that We cannot control the privacy practices of the recipient and therefore will not be liable or accountable for how the recipient handles Your personal information; and
(d) We encourage You to review the privacy policies of any third party service provider whose services We arrange on your behalf. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.
3.2. Data Protection
(a) Any personal information You provide Nineteen Degrees is carefully secured and will not be sold or swapped to any third party. We use Your personal information to identify Your order and for future marketing purposes (unless You have told us that You do not wish Us to do so).
(c) We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal information and accidental loss or destruction of, or damage to, personal information.
4.1. Feedback and Complaints
If You have a complaint about any of the services arranged by Nineteen Degrees whilst on a Placement You must report this to the tour operator so that it can be resolved immediately. Any feedback or complaint following the conclusion of a Placement must be made within 14 days of completion of the Placement in writing to Nineteen Degrees at firstname.lastname@example.org. Any delay in providing Your feedback or complaint may impede our ability to investigate the matter.
4.2. Governing Law
This agreement is governed by the law of Western Australia, and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.