Terms & Conditions

Parties

In these terms and conditions, “Iconic Travel” means Iconic Travel Pty Ltd atf the B Calvaresi Trust and its agents and employees; “you” and “your” means you as the contracting party.

“Agreement”, “this agreement”, “the agreement” and other similar terms refer to the agreement formed herein between Iconic Travel and you.

“Travel Service”, “Travel Services” and other similar terms means any product or service provided by any third party provider and booked through Iconic Travel.

Agency

The agreement is for Iconic Travel to provide booking and information services to you for you to receive Travel Services from a third party provider. In providing booking and information services Iconic Travel is not your agent. Iconic Travel is an agent for any such third party provider.

Iconic Travel’s service under this agreement is restricted to providing booking and information services to you. Iconic Travel charges you for providing booking and information services. Iconic Travel does not provide you with any Travel Services. Iconic Travel collects payment for Travel Services from you as agent for third party providers.

It is a condition of this agreement that prior to booking any Travel Service through Iconic Travel that you have read and that you agree to any terms and conditions of the third party provider that applies to the Travel Service. Terms and conditions of any third party provider may include extra fees and charges, restrictions, penalties, limitations and exclusions of liability and other terms and conditions that affect you.

Refunds and cancellations for and regarding the Travel Services are at all times on the terms and conditions set by third party providers.

Reservations and Booking Charges

Any information concerning Travel Services presented by Iconic Travel (whether on this website or otherwise) is presented by and on behalf of third party providers. Iconic Travel makes no warranty, guarantee or representation regarding the accuracy of information provided by and on behalf of third party providers.
Payment in full for Travel Services is required at time of booking for reservations to be made by Iconic Travel. Iconic Travel do not accept or book reservations for Travel Services without payment made in full. Any expression of interest in a Travel Service will not constitute a reservation, nor will Iconic Travel reserve a Travel Service for you upon enquiry.

The advertised price for Travel Services is based on best estimates only. Prices, item descriptions, and itineraries and all other items are subject to change (due to, for example, peak demand periods, currency fluctuations, changes in taxes, etc). Prices may change at any time (including after you have paid the advertised price) for reasons outside the control of Iconic Travel. Iconic Travel will inform you of any increases to the final price payable by you as early as reasonably possible.

When a price is varied, payment by you of any variation to the final price is due within 7 days of notification to you. Iconic Travel reserves the right to cancel any booking where there is failure to make payment in accordance with this clause, and cancellation fees may apply.

Any money paid by you to Iconic Travel will be property of Iconic Travel absolutely and will be payable to third party providers as and when due and payable to the third party provider and in the absence of any further condition or demand will be paid when the Travel Services have been provided.

You acknowledge and agree that any money paid by you to Iconic Travel will not be held by Iconic Travel on trust for your benefit or any other person’s benefit. You authorise and agree that Iconic Travel may hold any money paid by you by means in the discretion of Iconic Travel and particularly in any account including accounts containing other money of Iconic Travel and/or other customers.

Iconic Travel reserves the right to charge you for any costs of electronic fund transfers, credit card payments, as well as any necessary currency conversion costs incurred in receiving or processing any payment from you.

Iconic Travel is not responsible for the costs of any other travel arrangements affected due to cancellations or changes to your booking.

Insurance and Visas

It is your responsibility to ensure that you have in place valid and comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability, and all activities to be taken.

It is your responsibility to have a valid passport and all visas, permits and certificates required as well as any necessary vaccinations and to comply with all applicable laws. Iconic Travel is not responsible for any costs incurred as a result of failing to obtain necessary visas or other clearances.

It is your responsibility to look after your property at all times. Iconic Travel accepts no liability for lost, damaged or stolen property.

Booking Requests

Iconic Travel will make reasonable efforts to facilitate any special requests (including in respect of disabled facilities, individual assistance, personal devices, medical requirements, dietary requirements, religious requirements) but is not responsible for any denial of services by third party providers, or for any additional associated expenses.

All special requests must be made at the time of booking. Failure to make any such request at the time of booking may prevent Iconic Travel from facilitating arrangements at a later date. Iconic Travel will endeavour, but cannot guarantee that any special requests will be available, even when requested at time of booking.

Any special request made by you does not constitute a term of your contract with either Iconic Travel or a third party provider. Any confirmation that a special request has been noted or passed on to the third party provider or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Iconic Travel accepts no liability for special requests that cannot be or are not provided.

Change or Cancellation By You

The following clauses apply to all changes and cancellations, including those that are the result of injury or medical illness.

Requests to change or cancel bookings (including due to a change of departure date or holiday) must be received by Iconic Travel in writing and no action will be taken by Iconic Travel until this notification has been received.

Iconic Travel will use reasonable endeavours to facilitate any requests to change any booking however Iconic Travel cannot guarantee that any such requests can be met by any third party provider.

Iconic Travel will charge you any and all additional fees resulting from any changes made to a booking after a booking is made. Iconic Travel reserves the right to charge you for any further losses occasioned to it by any cancellation made by you.

Iconic Travel’s fees for providing booking and information services to you are non-refundable (even when the Travel Services are not ultimately used by you). Where you request a cancellation of a booking, Iconic Travel will retain all fees charged by it to you for the services provided to the time of cancellation (including fees and charges for facilitating the cancellation with any third party provider).

TCancellation policies for Travel Services are on the terms and conditions of third party providers. Iconic Travel is not responsible for refunding to you any fees and charges of the third party provider, nor to assist or facilitate you to recover any such fees and charges from third party providers.

Cancellation fees may, subject to the terms of your insurance policy, be refunded to you by your insurance company.

Change or Cancellation by Iconic Travel

Travel Services are provided by independent suppliers, over whom Iconic Travel has no direct or indirect control. Travel Services may be provided in countries which may be visited on public holidays or during other events which may not be known in advance.

Iconic Travel will use reasonable endeavours to inform you of potential restrictions to you engaging with or participating in your requested Travel Service however Iconic Travel accepts no liability for cancellations imposed upon you by third party providers. It is your responsibility to ensure that no restrictions apply to your booking of the Travel Services.

If Iconic Travel considers a change or cancellation desirable you will be given (if practical) reasonable notice (in the circumstances) and Iconic Travel will offer you a comparable alternative (if available). If an alternative is not available or acceptable you will be entitled to a refund of monies paid by you to Iconic Travel for booking and information services less reasonable expenses incurred by Iconic Travel in respect of your booking.

Iconic Travel will consider a change or cancellation desirable if in its reasonable opinion force majeure has occurred or is likely to occur in any way that affects the performance of the services offered by Iconic Travel under this agreement (where “force majeure” includes, but is not limited to: war, threat of war, political unrest, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts, natural disaster (including but not limited to flooding, fire, earthquake, landslide, epidemic), adverse weather conditions, high or low water levels, nuclear or other industrial accident causing environmental pollution or contamination, change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time, Acts of God, or other similar events).

In all other circumstances no refund for booking and information services will be given where Travel Services become or are unavailable.

Iconic Travel is not responsible for the costs of any other travel arrangements affected due to Iconic Travel at any time making cancellations or changes to your booking.

Iconic Travel will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury that results directly or indirectly from any change or cancellation, except on the terms of this agreement.

Your Responsibilities

It is a condition of your agreement with Iconic Travel to provide booking and information services to you that, in addition to any terms and conditions of any third party provider, you agree to the following:

To comply with all reasonable directions of any authorised representative of any third party provider and all laws and by-laws and regulations of the country in which you are travelling.

To pay any costs incurred as a result of damage, or excess cleaning fees, caused by you to any facilities (including transport).

To wear a seatbelt in any and all vehicles where a seatbelt is provided and available.

Not to be in possession or carriage of illegal any or restricted substances, or any firearms at all (whether legal or otherwise).

That you accept and assume the risk involved with all activities undertaken.

Iconic Travel is not responsible for any costs incurred in the event that the third party provider terminates the Travel Services to you.

Iconic Travel shall not be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any breach of or failure to observe these terms.

You agree not to hold Iconic Travel or any of its related entities liable for any actions taken under these booking conditions.

You agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your use or participation in the Travel Services.

If you are unsuccessful in any legal action instituted against Iconic Travel, you agree to pay all costs, including but not limited to, solicitor costs on a complete indemnity basis.

Contractual Provisions and Governing Law

You acknowledge that prior to your entry into this agreement you were given a reasonable opportunity to read, and you have read and considered the terms of this agreement.

Subject to any express terms herein, the terms detailed in writing herein contain the entire contract between you and Iconic Travel. All previous representations or negotiations are excluded. No further representation, term, warranty or condition can be expressly or impliedly incorprated into this agreement by reference to any other writing, advertisement or conversation.

Any term, condition or warranty express or implied by statute or otherwise is excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

Iconic Travel is to be regarded as having all benefits of any applicable international convention, national & international law which may apply to the services provided by us, our suppliers or agents on limiting Iconic Travel’s liability in relation to any claim for death, injury, loss, damage and delay to passengers and luggage.

To the full extent permitted by law, Iconic Travel’s liability arising under or in connection with this agreement (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes all liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

No amendment to this agreement by you shall bind Iconic Travel unless made in writing expressed to be supplemental to or in substitution for the whole or part of this agreement and signed by an authorised representative of Iconic Travel.

Any waiver of any term of this agreement by Iconic Travel must be in writing and signed by a representative of Iconic Travel and is effective only to the extent specifically set forth in writing. A waiver by Iconic Travel of a breach by you of any covenant, agreement, obligation or provision of this agreement shall not operate as a waiver of another or continuing breach of the same or any other covenant, agreement, obligation or provision of this agreement.

This agreement is governed and construed in accordance with the law of the jurisdiction in the State of South Australia and the parties irrevocably submit to the jurisdiction of courts in that State.

If any provision of this agreement or its application becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoever then: that provision is severed form this agreement or its application must be read down so as not to apply; the remainder of this agreement or the application of that provision shall not be affected; and to the extent permissible by law, the parties must act in good faith to reach agreement as to a replacement valid and enforceable provision (and any necessary consequential amendments to this agreement) which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable provision was intended to achieve provided that in so doing the parties must preserve the basic purpose and intent of this agreement.

Iconic Travel may at its complete discretion assign all or any rights or liabilities arising under or by virtue of this or any other contract with you. You may not assign any of the rights or powers under this agreement without Iconic Travel’s written express consent.

All bookings with carriers, hoteliers & other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, & other service providers. You agree that any such terms and conditions are incorporated into this agreement to the degree to which they are not contrary to the terms of this agreement.

Iconic Travel is not responsible for the conduct of third party providers, their servants and agents or for any ramifications of that conduct.

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