These terms and conditions (“Conditions”) form the basis of the contract between You and Fun Over Fifty Pty Ltd (“Fun Over Fifty”, “We”, “Us” or “Our”) (“Contract”).
It is important that You read the Contract carefully to ensure that You understand Your rights and obligations.
All Fun Over Fifty tours are designed in terms of style and content for persons aged 50 years and over.
1. Acceptance. By providing a complete and signed Booking Form to us, You confirm acceptance of these Conditions, as amended from time to time and as published on our website (funoverfifty.com.au) (“Website”). We reserve the right to amend these Conditions without notice to You and You acknowledge that any revised Conditions (as published on our website) will apply to any bookings made by You and will supersede any prior terms and conditions. You acknowledge that it is Your responsibility to review the Website from time to time to ensure that you comply with any revised Conditions.
We work closely with our service operators including hoteliers, airlines, coach companies and other operators (“Suppliers”) and You acknowledge that You are bound by the terms and conditions of these Suppliers. We recommend that you consult with our booking agent for further details.
Fares and Booking Confirmation
2. Deposit. A non-refundable and non-transferable deposit is required for each booking as set out in Our brochure. If COVID-19 affects the operation of the tour, deposits paid may be credited or refunded to You (please Section 8 of these Conditions).
DEPOSITS, AIRFARES, CRUISE AND RAIL FARES AND EXTENDER OPTIONS ARE NON-REFUNDABLE AND NON-TRANSFERABLE. Part of the deposit amount consists of administration fees for services rendered and costs incurred. We recommend that You obtain appropriate travel insurance at the time You pay Your deposit to cover any applicable non-refundable or cancellation fees.
3. Payment of Fares. Full payment of fares for domestic tours (i.e tours that are within Australia) must be made no later than 60 days prior to the departure date, or as otherwise specified in the documents provided by Us to You.
Full payment of fares for international tours (i.e tours that are entirely or partially conducted outside of Australia) must be paid within the timeframe advised by Us.
Full payment of the Extender Option (if applicable) is required at the time of paying the deposit. The deposit and Extender Option fares are non-refundable.
If you do not make payment to Us of all fees as and when required by Us, we reserve the right to terminate your booking. An administration fee of $150 per person may be applicable if We are required to terminate your booking due to non-payment or if payment is not received on time.
4. Cancellations. Any cancellation of domestic tours must be made at least 60 days prior to the departure date. If You do not cancel within this timeframe, a cancellation fee of 100% of the full fare costs will apply. International tour cancellation fees are displayed separately on the tour pages displayed in the brochure and You are liable to pay these cancellation fees.
5. Shared Rooms. Sole Use rooms attract a single supplement fare and We do not offer ‘willing to share’ services. Twin share prices are per person unless stated otherwise. If booking is made as a twin share and one passenger cancels, then the party who is still travelling will have to pay the single supplement as directed by Us. All deposits paid for shared rooms are non-refundable and our standard cancellation policy applies to bookings of shared rooms.
6. Additional costs. All tour prices are quoted in Australian Dollars, include GST and compulsory taxes where applicable and supersede all prices previously advertised. Prices are correct as at 15 April 2021 and are subject to change without notice. Please check the exact price of Your tour at the time of paying balance. Airfares are based on the most direct route and are subject to class availability and any new Government taxes. Airline schedules are subject to change which may affect the joining/departing arrangements and consequently that day’s itinerary. Any additional costs incurred, including overnight accommodation and transfers are at passenger’s expense. Rail prices are subject to change from time to time.
If You pay Us by credit card, a 1% surcharge will be added. There is no surcharge for payments made by cheque or direct transfer to Our nominated bank account.
7. Price Variations. Fun Over Fifty may vary Your tour price at any time before You have paid the tour price in full to the extent necessary to meet any increase in the tour costs including airfares, fuel and hotel surcharges, government taxes and charges, exchange rate fluctuations or other tour related costs or tariffs. We will not vary the tour price after We have received the total package price from You, regardless of any increases in the costs incurred by Us. Fun Over Fifty will notify You in writing of any such variation.
COVID-19 Safe Booking Policy
8. If We are required to cancel a tour due to COVID-19, You are entitled to receive a future holiday credit (with Fun Over Fifty) or a full refund of your total package price, at Our full discretion. This will be subject to any applicable terms and conditions of any Supplier associated with your booking. We may deduct from the credit or refund amount, any irretrievable costs incurred by Us including, but not limited to, airfare costs. An administration fee of $150 per person will apply if you elect to receive a refund of your booking. This Safe Booking Policy applies to new bookings as of 15 April 2021 only.
Redeeming a Credit Voucher
9. (a) Any Credit Voucher issued by Us can only be applied towards a future brochure tour released with Fun Over Fifty. Unless otherwise specified, Credit Vouchers will expire 12 months from the date of issue.
(b) Your booking must be made through a Fun Over Fifty travel office or a travel agent authorised by Us prior to the voucher expiry date. If you do not redeem Your Credit Voucher before the relevant expiry date, any balance remaining on Your Credit Voucher will be forfeited by You in full.
(c) You may redeem Your Credit Voucher on more than one booking provided that there is sufficient credit remaining and subject to availability at the time of booking.
(d) The value on Your Credit Voucher may be transferred to another person (subject to our complete discretion and the terms and conditions of any relevant Supplier). Please note that any credit voucher for airfares or flights is non-transferable.
(e) Your Credit Voucher may not be redeemable for a group charter tour depending on the terms that apply for that tour. Please contact our agent to discuss further.
(f) These Conditions (including our refund and cancellation policies) will apply to any tours booked by redeeming a Credit Voucher.
Limitation of Liability
10. Our products include and depend on the services provided by our Suppliers such as hoteliers, airlines, coach companies and other third party operators who are not agents, servants or employees of Fun Over Fifty. Although We take care in selecting the Suppliers and optional tour excursions, We cannot and do not take responsibility for the conduct of our Suppliers, their servants, agents or sub-contractors.
11. Fun Over Fifty has a Passenger Code of Conduct. Fun Over Fifty representatives/crew or any carrier reserves the right at its discretion to exclude from a tour, or to terminate the travel arrangements of, any person who is in breach of Our Passenger Code of Conduct or who:
· is incapable of caring for themselves, or is suffering any mental or physical impairment and/or infectious illness;
· is unable to cope with the requirements of the tour or who may require services or facilities that are not available;
· fails to comply with the reasonable instructions of staff employed by Fun Over Fifty or its Suppliers;
· engages in illegal or undesirable behaviour or interferes with the enjoyment of or jeopardises the safety of other participants;
· is a hazard to themselves or other passengers; and/or
· is likely to become objectionable to other passengers, Fun Over Fifty staff and/or third-party suppliers.
Anyone so excluded will be required to disembark the tour at a safe public location and arrange their own transportation at their cost. If You are excluded, You will not be entitled to any refund or credit voucher for Your tour package price.
You agree that Fun Over Fifty is released from all liability for, and You agree not to hold Fun Over Fifty responsible for (a) termination of Your travel arrangements in accordance with the previous condition or (b) any decision made by Fun Over Fifty or by any service provider who refuses to provide service to You for any reason including, but not limited to, due to the unavailability of special accommodation facilities or services or if a staff member refuses to carry You by reason of any disability or medical condition.
12. Fun Over Fifty will not be liable for any cancellations, substitution of equipment, death, injury, illness, loss (including loss of enjoyment, loss of property, loss arising from inconvenience or emotional distress), damage, detention, costs or delays (including mechanical breakdown). This includes any act, omission, error, negligence or criminal conduct by Our Suppliers or other third party service providers. You are liable for and agree to indemnify Us and any of Our employees, officers, agents and representatives against all loss (including legal costs and expenses on a solicitor/own client basis), liability (including for any loss or damage to property, injury or death to any person), and claims by any person, arising directly or indirectly from or in connection with:
(a) any service provided by Us or any of Our employees, officers, agents and representatives;
(b) any act, omission, negligence or default by You or any of your agents or representatives;
(c) the breach of any provision of these terms and conditions by You or your agents;
(d) the breach of any laws by You or any of your agents;
(e) any damage caused by You or any of your agents; and
(f) any death or injury to any person, due, either in whole or in part, to the act, omission, negligence or default by You or Us or any of our employees, officers, agents or representatives.
13. You acknowledge that Our Suppliers are responsible for providing You with some or all of the components of Your tour and to the fullest extent permitted by law, We exclude all representations, conditions, guarantees and warranties, whether express or implied (by statute or otherwise), that relate to our products or services.
14. To the fullest extent permitted by law, Fun Over Fifty’s liability arising under or in connection with this booking contract:
(a) is limited to the re-supply of the products and/or services owing to You or the payment of the cost of the re-supply of the products and/or services owing to You; and
(b) excludes any liability to You (or any other person) for any direct, special, indirect, consequential, incidental costs, losses, expenses or damages, or lost profits (including but not limited to economic loss or punitive damages) incurred or suffered by You (or any other person) in any way which is connected to our products or services or any transaction between You and us (including as a result of our negligence or the negligence of our staff).
15. Your travel agent will forward deposits and other payments to Us on Your behalf, but Your travel agent is not Our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by Us, and the travel agent has no authority, express or implied, to receive monies on Our behalf. There is no liability on Our part in respect of any monies paid to Your travel agent unless and until We notify You (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Us. We reserve the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Us within the specified time.
Force Majeure Event
16. A Force Majeure Event means any event or circumstance beyond the control of Fun Over Fifty, including but not limited to acts of god (such as earthquake, flood, fire, cyclone, storm or natural disaster), industrial disputes (including work ban/ labour disputes), acts of terrorism, political unrest, war or threat of war, riots or civil strife, failure or delays to scheduled transportation, the closure of airports or ports, criminal acts committed by third parties, pandemic, epidemic or health risk or governmental directions (including lockdowns, quarantine requirements, border closures and travel warnings and restrictions).
Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure
17. If Fun Over Fifty, in its reasonable opinion, considers that any Force Majeure event prevents Us (whether directly or indirectly through its Suppliers, employees, contractors, sub-contractors and agents) from providing any products and/or services to You (whether lawfully or otherwise), We may at any time by written notice to You:
(a) terminate the booking contract or
(b) amend your booking contract as we think fit, acting reasonably, which may include changing Your travel arrangements to an alternative tour with the view of safeguarding your interest and safety. We may invoice You for any additional costs incurred by Us for the provision of any revised or additional product or service.
Limitation of Liability in the Event of Force Majeure
18. In the event that We cancel or change Your travel arrangements in any way due to a Force Majeure Event, We will not be liable to You in contract, tort, statute or restitution of any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly):
(a) the cancellation or change of travel arrangements; and/or
(b) the Force Majeure Event.
For the avoidance of doubt, We are not liable to refund any part of the deposit and/or purchase price paid by You if We subsequently change or cancel Your travel arrangements in connection with a Force Majeure Event. It is Your responsibility to purchase adequate comprehensive travel insurance to protect Yourself against these risks.
19. You acknowledge that most Fun Over Fifty travellers are over 50 years of age and may fall within a high-risk and vulnerable age group. For the health and safety of our travellers, staff members and local residents at Our tour destinations, we are required to take highly precautionary measures to manage the risk of COVID.
20. We require all of our travellers to be fully vaccinated against COVID-19 at least 14 days prior to the departure date. This includes being administered two doses of the vaccine, along with any subsequent booster shot as required or recommended by any government authority.
21. You are exempt from Our vaccination requirement (at our sole discretion) if you provide proof of (a) a valid and current exemption certificate from a government authority that you are not required or cannot be administered the vaccine; and (b) a negative COVID-19 test that was carried out within 72 hours of the departure date. We reserve the right to deny travel to any person who, at our complete discretion, has failed to comply with Our COVID-19 requirements.
22. You will be required to provide Your vaccination certificate and make a declaration at the time of booking to Us. In addition, You may be denied travel if You are showing any signs and symptoms of COVID-19 (including fevering, coughing, headache or other flu-like symptoms) or if You refuse to comply with any other reasonable direction made by our staff or Our Suppliers including but not limited to: (a) wearing a mask as required by any Public Health Order, (b) scanning into the QR Code (c) allowing Our staff to check Your temperature or (d) any other good hygiene practices or social distancing requirements.
23. If we discover that You have mispresented Your vaccination status to Us prior to departure, we may cancel Your booking and offer You a full, partial or no refund (at our absolute discretion). If we discover that You have misrepresented to Us after Your departure, we may terminate Your travel arrangements and ask You to disembark the tour at your own cost. You will not be entitled to a refund of the purchase price and You will be liable for all costs and expenses incurred by You and Us as a result of such termination.
24. This COVID-19 requirement is applicable immediately and to all Fun Over Fifty travelers (regardless of when Your Booking was made). We reserve the right to review and amend this vaccination requirement from time to time (as published on our website) without further notice to you.
25. You acknowledge that You may be required to comply with additional or different COVID-19 requirements enforced by our Suppliers, government officials or any other service provider (Third Parties). Fun Over Fifty makes no warranties or guarantees (whether express or implied) with respect to the COVID requirements of Third Parties and any non-compliance by You of Our COVID-19 requirements or the COVID-19 requirements of Third Parties may result in termination of your travel arrangements by Us or any other Third Party (with no refund or credit voucher being issued to You). We will use best endeavours to make available our Supplier’s COVID-19 requirements to You via our Website and/or the documents provided by Us to You in respect of your travel. However, it is your responsibility to review and satisfy Yourself of the COVID-19 requirements of Our Suppliers prior to booking a tour. If you have any concerns, please contact our booking agent to discuss.
26. You acknowledge that for all international tours and bookings, You are required to comply with the travel and border requirements enforced by the governmental authority of the foreign country You are travelling to, as well as the conditions of entry upon return to Australia. Fun Over Fifty will use best endeavours to keep you informed of any border requirements but it is your responsibility to check the border requirements associated with Your booking and tour (including bringing along all prerequisite documents and certificates with you). Fun Over Fifty will not be liable for any refusal of entry into a country (including any costs associated with alternative travel or accommodation arrangements).
27. Fun Over Fifty arranges tours on the condition that it is not liable for any damage, injury or loss which may occur due to accident, delay, irregularity or defect of any vehicle, vessel or accommodation.
Airfares as part of Your package holiday inclusions are provided in economy class and Fun Over Fifty cannot be responsible for seating allocation or flight time.
Package flights are bound by the airline terms and conditions and You acknowledge that you are bound by those airline terms and conditions.
Where a Fun Over Fifty ‘Gold Class’ or ‘Diamond Class’ coach is specified as the vehicle for Your chosen tour, please be advised that if the vehicle was not available due to unforeseen circumstances, Fun Over Fifty has the right to replace the vehicle with their chosen supplier, and the same on-board facilities may not be available.
28. The tour itinerary is a guide only, and although We will make every reasonable effort to adhere to the program, We reserve the right to make any alterations as necessary. Any additional expense incurred by the passenger is not Our responsibility. We can give no guarantee of the exact arrival and departure times for carriers and operators used by Us, and we will not be liable for failure to make connections with other services or attractions.
29. The operation of each tour is subject to a minimum number of guests wishing to travel on that tour.
30. Luggage restrictions vary depending on tour type and destination. As a general guideline, luggage should not exceed 17 kilograms per person.
31. Fun Over Fifty’s hostesses/escorts are on tour for companionship, guidance and assistance to coach captains. All Our tours are escorted subject to a minimum loading of 20 passengers. If the tour runs with fewer than 20 passengers, the coach captain will take on both roles of tour host and driver.
32. All accommodation is twin share unless stated otherwise. Single rooms may be available for an additional fee; however, Fun Over Fifty gives no guarantee that sufficient (or any) single rooms will be available on any given tour.
33. The information in these terms and conditions are to the best of Our knowledge correct at the time of publication. However, changes beyond Our control may have occurred since then with respect to prices, itineraries, duration of holidays, standard of services and tour content. Surcharges may apply. Every effort is made to ensure the accuracy at the time of going to print, and Fun Over Fifty cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.
34. Please advise Fun Over Fifty of any special dietary requirements at least 14 days before departure. Note that this will be on a request basis only, as Fun Over Fifty cannot guarantee the availability of special meal types.
35. Packages are subject to an additional levy for coach/flight/air components that may be
imposed and is out of Fun Over Fifty’s control.
First Aid and Defibrillator
36. Should an accident or incident occur, Fun Over Fifty crew may administer first aid.
A defibrillator, is at times, carried onboard Fun Over Fifty owned coaches and may be used in the event of a major medical emergency to which clothing may need to be removed.
Health and Fitness/Activity Level
37. Travelers must be able to meet the below fitness level requirements:
(a) A RATING OF 1 (EASY) - participate in guided or unguided small walking tours at a relaxed pace; walking on mostly level ground; tackle an occasional flight of stairs or incline; occasional need to stand for up to 10 minutes; set on and off transportation unaided and manage Your own luggage; or
(b) A RATING OF 2 (MODERATE) - participate in walking tours with time to rest at least every 10 minutes; walk on areas such as bush tracks and soft sand - mostly level ground; stand for 15 minutes, without needing to sit down; tackle a flight of stairs or incline; get on and off transportation multiple times unaided and manage Your own luggage; or
(c) A RATING OF 3 (ACTIVE/MODERATE) - participate in walking tours without having to stop or sit down to rest for up to 20 minutes; walk up an incline equal to a flight of stairs, without stopping; stand for 30 minutes, without needing to sit down; walk over uneven ground, tackle cobbled creek crossings & walk through soft sand; get on and off transportation multiple times unaided and manage Your own luggage; or
(d) A RATING OF 4 (HIGHLY ACTIVE) - be extremely mobile and live an active lifestyle; negotiate inclines, declines and varied terrain confidently
participate in a physical activity lasting up to 5 hours (Trek/walks); manage Your own luggage and be able to carry with You a backpack with items required for the physical activities.
38. On International tours, You should carry a letter from Your doctor or a copy of Your prescription to confirm to the local authorities that You are entitled to be in possession of Your medication.
39. On all International tours, passengers will require a clearance letter (provided to Fun Over
Fifty) from their local GP for travel. If fitness circumstances change after providing the letter it is the responsibility of the passenger to provide an updated medical clearance from their GP. You accept that You travel at Your own risk if this is not provided (refer section10).
40. We do not, nor are We required to, provide carers or assistants for those with reduced mobility or other health needs. It is Your responsibility to arrange for such a carer if so required. Any such carer will pay the full price of any tour.
41. In particular, hostesses, tour guides, coach captains, and Your fellow passengers will not act as assistants or carers in these circumstances.
42. To ensure the enjoyment of all passengers, and to enable You to get to know Your fellow travellers, We operate a daily seat rotation system in which all passengers must participate.
43. Any complaint should be addressed directly with on-road crew during the tour to which the crew will take reasonable steps to resolve. If you remain dissatisfied, any complaint must be made in writing to Us within thirty (30) days of the last day of the tour.
44. As well as the matters previously referred to in these Terms and Conditions, Fun Over Fifty is not liable for lost or damaged baggage and personal property. We strongly recommend that You take out fully comprehensive travel insurance with a reputable insurer at the same time as paying Your deposit.
45. For International tours, it is Your responsibility to ensure that You have a valid passport. Please note that some countries require a passport to have a minimum of six months’ validity before allowing entry to the country.
46. We shall advise You if visas are required for any particular destination. However, it is Your responsibility to ensure that it is the correct visa and, if necessary, any visa is granted prior to departure of the tour. We are not liable to you if you do not obtain the relevant visa.
47. It is important to keep up to date personal contact information whilst on tour.
49. You agree that Our Fun Over Fifty representatives or third-party suppliers may take photographs and films of You while You are on tour and that these may be used in Our brochures, advertising and promotional material and/or online without obtaining any further consent or payment in respect of such photographs and/or films.
50. From 01 November 2021 until superseded by the next brochure.
51. These conditions shall be governed in accordance with the laws of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
52. Each party must promptly do all further acts and execute and deliver all further documents (in a form and content reasonably satisfactory to that party) required by law or reasonably requested by another party to give effect to these Conditions.
53. If anything in these Conditions are unenforceable, illegal or void then it is severed and the rest of the terms and conditions remain in force, unless the severance would change the underlying principal purpose or effect of the terms and conditions.
54. We may vary any provision of these terms and Conditions or our policies at any time by uploading the revised terms and conditions and/or policies on Our Website.
55. Early Bird savings are on selected dates only and expire 31 December 2021 unless otherwise stated.