UNLEASHED Terms & Conditions

These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel and other arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request. 

 “You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our”, "Unleashed", “Unleashed Grad Trips” and "Unleashed Travel" means Travel Is Living Pty Ltd trading as Unleashed Travel.

BOOKINGS

Booking requests can be made directly to us or via an approved travel agent. A booking request is accepted when we issue a written booking confirmation 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. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund. 

AGE REQUIREMENT 

You must only make a booking request and we will only accept your booking if you are 17 or 18 years of age at the time of commencement of travel. Unleashed reserves the right to check your passport to verify your age. If it is found that you will not be 17 or 18 years at the time of commencement of travel, you will be deemed to have cancelled your booking. If the trip has commenced you will be removed from the trip. Your return travel will be at your own cost. You will not be entitled to any refund. 

PARENT / GUARDIAN AUTHORISATION  

If you are under the age of 18 at the time of making a booking request, your parent or guardian must authorise and make the booking request. If a booking request is made and not authorised by your parent or guardian, your booking will be cancelled and standard cancellation fees will apply.  

TRAVELLER INFORMATION FORMS

You must complete the Traveller Information Form (found via hyperlink in booking confirmation email sent to you) within 48 hours of us issuing your booking confirmation. It is a vital piece of information that Unleashed requires prior to travel. This form is designed to obtain all necessary information including pre-existing medical conditions, emergency contact details, dietary requirements etc. If you do not complete the Traveller Information Form, then we will remind you to complete it. If you fail to complete it within 7 days after we have given you a reminder, we may deem your booking to have been cancelled and standard cancellation fees will apply.  

SERVICES

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of travel and arrangements that make up your Grad Trip. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of delivery of travel and other arrangements supplied by third parties; and (b) the delivery of travel and other arrangements which we directly control. 

DEPOSITS

You must pay a non-refundable deposit within 48 hours of us issuing your booking confirmation. The deposit amount will be communicated to you by us or your approved travel agent. If you fail to pay the deposit within this period, then we may deem your booking to be cancelled.  

OTHER PAYMENTS

Unleashed may offer you the ability to pay for your Grad Trip in instalments. Please contact us or your booking agent to discuss these options. Final payment is due no later than the 31st July of your departure year. Should final payment not be made by this date, Unleashed  will remind you to make payment. In addition to payment, you will also be responsible for any costs imposed on us from suppliers resulting from your late payment. If we do not receive payment within 7 days after the reminder, then we reserve the right to cancel your booking without notice and standard cancellation fees will apply. Unleashed accepts payment via bank transfer and credit card (surcharges apply). 

WHAT’S INCLUDED & EXCLUDED 

Please check our website for specific inclusions for particular Grad Trips. Generally, the following will be included in your Grad Trip (though this may vary between trips):  

• Accommodation costs incurred during the stated package. 
• Return Economy Airfares (taxes subject to fluctuation) 
• Meals as specified in our itineraries. 
• Ferry crossings and launch transfers as outlined in our itineraries  

Please check our website for specific exclusions for particular Grad Trips. Generally, the following will not be included (though this may vary between trips):  

• Personally incurred expenses such as souvenirs, telephone, email, laundry charges, optional activities and items of a personal nature (e.g. drinks). 
• Meals or accommodation whilst travelling to/from your homeport to connect with your holiday. 
• Any travel cost incurred to/from your homeport. 
• Any charges levied by resorts/vessels/coaches for use of their facilities. 
• Travel Insurance. 
• Travel Visas (where required) 

PRICE SURCHARGES 

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.  

We also reserve the right to vary the cost of your travel arrangements as follows: 

• due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
• due to operational reasons including but not limited to increases in supplier costs. If we increase the cost of your travel arrangements on this basis, then we will give you notice of the price increase and if you don’t agree with it, you will be entitled to cancel your booking and to receive a full refund. However we won’t be responsible for any other costs or expenses you incur if you cancel. If you fail to notify us of your disagreement with the price increase within 7 days after we have given you notice of the increase, then you will be deemed to have accepted the increase.

CANCELLATIONS BY YOU 

If you cancel your reservation, the following charges will apply; 

• Before deposit paid - $0 
• After deposit paid before 31st July departure year - loss of deposit 
• Between 31st July and 30th September departure year - 50% cancellation fee + loss of deposit 
• As of 1st October departure year - 100% cancellation fee 

You agree that the deductions and cancellation charges specified above are reasonable, represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests. 

Depending on your reason for cancelling your travel insurance may cover some or all of these cancellation fees. Please consult your insurer for further details. We strongly recommend that you take out travel insurance as soon as you have paid your deposit, because cancellation fees are payable from that time.  

OTHER CANCELLATIONS

In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (the events in (d) being “Government Restrictions”)). 

Force Majeure - Prior to travel 

If: 

• in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or
• you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions (for example due to border closures)

then we may: 

• reschedule your Grad Trip, but only if you are agreeable to the rescheduled Grad Trip;
• deliver an alternative domestic Grad Trip but only if you are agreeable to the alternative Grad Trip, in which case if the value of the alternative Grad Trip is less than original Grad Trip, then we will refund you an amount attributable to the reduction in value determined by us acting reasonably; or
• cancel your Grad Trip, in which case our contract with you will terminate. In this circumstance neither of us will have any claim for damages against the other for the cancellation. However, we will refund payments received less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled Grad Trip; (b) overhead charges incurred by us relative to the price of the cancelled Grad Trip; and (c) fair compensation for work undertaken by us in relation to the cancelled Grad Trip until the time of cancellation and in connection with the processing of any refund.

Force Majeure - During travel

If due to Force Majeure we cancel travel arrangements after your Grad Trip has commenced, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for cancelled travel arrangements only.  

Force Majeure – General 

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.  

We will not be responsible for any other loss or costs you incur in connection with your booking (for example, independently booked airfares, insurance and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.   

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which you accept, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance. 

You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.

AMENDMENTS BY YOU 

We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. Amendment fees as set out below will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers. 

• Before deposit paid - $0 
• After deposit paid, before 31st July departure year - $75* per person per change 
• Between 31st July and 30th September departure year - $150* per person per change 
• As of 1st October departure year - $200* per person per change 

*Plus any additional fees charged by 3rd party operators. 

• After deposit paid - $100 amendment fee to change from Europe Grad Trip All Inclusive to Europe Land Only. 

AMENDMENTS BY US  

Prior to travel 

Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to Your Grad Trip’s itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Grad Trip’s itinerary or its inclusions that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably. 

During travel 

You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns.  

General 

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;

• if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and

• we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.

ROOM PRICING AND CHANGES

All hotel / resort rooms work on a sliding scale, and pricing is dependent on the room category and the number of people in each room. Any changes to the occupancy or room type will result in the total package price being readjusted to match the new occupancy and room type. In the event a room decreases in occupants, you will incur an increased per-person cost or room change. 

PASSPORTS & VISAS

It is your responsibility to ensure you have a valid passport (including a minimum 6 months validity from return date), any applicable visa and meet the entry requirements for the countries you will be visiting as part of your trip (including without limitation vaccination requirements). Should you not have sufficient validity on your passport or fail to meet visa or other entry requirements, you may be refused travel with no refund applicable. All extra incurred travel expenses will be your responsibility. 

RESORT SECURITY DEPOSIT & ACCIDENTAL DAMAGE 

You acknowledge that your resort will require a security deposit to be paid upon check-in. The required security deposit varies according to the destination and resort. For trips to Fiji the security deposit is usually FJ$500 and is refundable if you do not cause damage to the resort’s property. If you cause damage to the resort’s property then the resort may deduct the cost of repairs / replacement from the security deposit and claim against you if the security deposit is insufficient to repair or replace damaged property. 

We understand this is an expense and stress you can do without - so we’ve worked with the resorts to be responsible for any accidental damage you cause to the resort, which means you won’t need to pay the resort the security deposit on the following basis:  

• We will charge an optional Accommodation Damage Safeguard (ADS) Fee of $69 to cover our administrative expenses dealing with you and the resort, and because we are agreeing to be responsible for any accidental damage you cause to the resort’s property. Note that we won’t be responsible for any damage you cause intentionally, maliciously or while under the influence of alcohol, and we will only be responsible for damage up to a maximum value of FJD$1500. Accommodation Damage Safeguard Fee will be on your balance invoice. The Accommodation Damage Safeguard Fee is non-refundable even if you do not cause any damage. 
• You can opt out of the above and choose not to pay the optional Accommodation Damage Safeguard Fee. If you do so, then you will need to pay the security deposit to the resort upon check-in and you will be responsible to the resort for any accidental damage you cause to the resort’s property.  

Please note that you will be responsible for all damage and personal injury you cause unless we‘ve agreed to be responsible for it as set out above.  

INSURANCE

It is a condition of your booking that you take out and maintain comprehensive travel insurance from a reputable insurer. You should take out travel insurance at the time your booking is confirmed. This is because cancellation fees apply from the time your booking is confirmed. We suggest that your policy has specific coverage for Covid-19 related cancellations, trip curtailment and illness.  

We may request you to provide evidence of your insurance coverage. If you do not have travel insurance or fail to provide evidence of your coverage within a reasonable time of our request, we may deem you to have cancelled your booking and standard cancellation fees will apply.   

In the unlikely event of emergency, our staff may in their sole discretion request a medevac, emergency transfer or other similar emergency support if they reasonably believe that the situation warrants it. In such instance you agree to reimburse us all costs and expenses we incur.  You should check that your travel insurance covers such expenses.  

BROCHURE/WEBSITE

Unleashed has made every endeavour with the production of its brochures and unleashedtravel.com.au to ensure that the information is correct at the time the brochure was printed and the website information uploaded. However prices and services set out in our brochure and on our website are subject to change or withdrawal without notice. 

IMAGE RELEASE

We may take photographs or make recordings of you and your activities that identify you during your trip. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your trip. 

HEALTH, FITNESS & MEDICAL

You should be of reasonable health and fitness and it is your responsibility to carry and administer all required medication. We recommend that you carry medication in your carry on luggage.  

Medical Conditions  

If you have or (after making your booking, develop) a medical condition which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the trip, then you must tell us. We may: 

• require you to complete a medical declaration form;
• request you to provide an assessment of your medical condition from a qualified medical practitioner, including your fitness to travel and participate in the trip without special assistance;
• accept your booking on the condition that you agree to be accompanied by a carer; and/or
• require you to provide supplementary waivers and indemnities to us.

If a medical assessment from a medical practitioner indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel or not accept your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made. If you notify us after you make your booking and we cancel it in these circumstances, this will be considered a cancellation by you and standard cancellation fees will apply – we strongly suggest you take out travel insurance to protect against these risks as soon as you have paid your deposit.

If you: (a) fail to disclose medical conditions; or (b) if you fail to provide a medical assessment and you choose to travel, then you agree that: (c) you accept all risks associated with your medical condition; and (d) Unleashed will have no responsibility to provide special assistance and may exclude you from the trip with no right of refund.

Dietary Requirements  

You must tell us if you have any special dietary requirements. We will communicate your requirements to relevant suppliers. That is the extent of our obligations to you. We cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. To the fullest extent permitted by law, we expressly disclaim any liability for meals or beverages that contain allergens. 

Medical Assistance 

You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. This may include medical evacuation. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.  

UNUSES & DENIED SERVICES  

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for. 

If you are not fully vaccinated against Covid-19 and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment) if you are denied services in these circumstances.  

ACCEPTANCE OF RISK

You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers. Your trip may offer  activities such as swimming, snorkelling, diving or parasailing. You accept that these activities involve varying degrees of risk and you take part at your own risk. 

You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel.  

To the fullest extent permitted by law, we disclaim any liability for these risks.  

INDEPENDENT SERVICES

We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation made by a guide or local representative does not make us responsible for the acts or omissions of the principal operator of the excursion or activity. 

RESPONSIBILITY 

Services supplied by independent suppliers 

Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your Grad Trip, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.  

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 an Independent Supplier and not caused by our negligence.  Any claims you have in this regard must be made against the Independent Supplier. You acknowledge that the Independent Supplier’s liability to you may be limited by their own terms and conditions.   

Services we directly control

To the extent only that we are the principal supplier to you of travel arrangements or other services which we directly control, then we will provide those arrangements and services with reasonable skill and care.  

We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.  

Recreational Services  

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law.  

This exclusion does not apply to significant personal injury caused by our reckless conduct.  

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:  

(a) a sporting activity or similar leisure time pursuit; or 

(b) any other activity that: 

(i) involves a significant degree of physical exertion or physical risk; and 

(ii) is undertaken for the purposes of recreation, enjoyment or leisure. 

General liability limitation 

We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure. 

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.  

Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.  

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 them resupplied.  

While we endeavour to meet scheduled arrival and departure times, we cannot guarantee this. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.   

Unleashed will not be responsible for any loss or theft of baggage or belongings, or any delay in delivery of baggage caused by airlines.  

CODE OF CONDUCT

The success and enjoyment of your trip depends on you and others behaving in an appropriate and responsible manner. It is a condition that your conduct is compatible with the well-being and general enjoyment of others on your trip. 

You agree to accept the authority of Unleashed staff and resort staff and comply with their authority and their reasonable directions. Unleashed has a zero tolerance to illegal drug use and possession, intoxication, threatening or abusive behaviour, both physical and verbal, and property vandalism. 

If, in the reasonable  opinion of Unleashed personnel your behaviour breaches this code of conduct then Unleashed reserves the right to remove you from the trip. If this occurs you will be responsible for your own return transport costs and you will not be entitled to any refund for the unused portion of your trip. You also agree that you will have no claim against Unleashed or any other service provider. 

You may be required to sign a copy of the Code of Conduct prior to check in at the resort to reacknowledge your agreement to it. 

ALCOHOL

The resort/vessel/vehicle used for your holiday have policies for the responsible service of alcohol. Unleashed itself does not serve alcohol and has no responsibility for the service of alcohol by licensed venues.  

Fiji

Please note that under Fiji law alcohol is not to be  served to any person under the age of 18 years. It is illegal to purchase alcohol on behalf of any person under the age of 18 years. To assist licensed venues, Unleashed Grad Trips may issue wristbands to travellers aged over the age of 18 years of age. Venues may refuse to serve alcohol to any person not wearing a wristband and may request other forms of identification even if you are wearing a wristband. Venues may refuse to serve alcohol and to escort you from premises if you are intoxicated.  

 You are not permitted to bring duty free or any other alcohol into the resorts. The resort/vessel/vehicle security and law enforcement may conduct bag searches upon arrival. The resort/vessel/vehicle may confiscate (without a right of return) alcohol of any kind brought onto the resort/vessel/vehicle. 

Europe

All Unleashed passengers are expected to abide and follow the laws/customs of each country visited throughout this tour. Some countries you will visit do not abide/follow the same alcohol regulations laws as found in Australia. In these countries it may be legal to consume/purchase alcohol from the age of 16 years. Unleashed will not be responsible for any damage, injury, loss or inconvenience due to the consumption of alcohol.  

Warning: You may not be covered by your travel insurance if you suffer an injury while intoxicated. 

COMPLAINTS

In the unlikely event of any dissatisfaction with  services provided by our supplier or any service provided by Unleashed, you must report it immediately to Unleashed or resort/vessel/vehicle staff so action can be taken to remedy the problem. Failure to notify Unleashed or resort/vessel/vehicle staff of any problem immediately may result in your ability to claim compensation from them being extinguished or reduced. Any complaint made to us after the holiday should be made in writing within 28 days of holiday completion. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Should the complaint not be made in writing within this time, Unleashed may refuse to investigate or offer any form of compensation. This will be at the sole discretion of Unleashed and/or our third party suppliers/operators. 

 

GENERAL

The contract between Travel Is Living Pty Ltd trading as Unleashed Travel and you is governed by the laws of the State of New South Wales, Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales. 

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions. 

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published HERE

Updated: 11 July 2022