Terms and Conditions.
OVERVIEW
Every Element is a travel advisory service [ABN 89628259493] and below are our terms and conditions:
BOOKINGS AND CONFIRMATIONS.
Every Element provides a travel booking and advisory service for our travel packages, which allows you and your co-travellers to purchase products such as accommodation, dining, activities and logistics from third party suppliers individually or as part of a package of travel products. We act as agents for the third-party suppliers of travel products, whose terms and conditions of supply (including cancellation and amendments policies) will apply to your travel enquiry in addition to these terms and conditions.
If booking a package or a group tour each person staying is subject to these terms and conditions.
By sending us an enquiry form or contacting us by phone, text or social media, you agree that you have read, understood and accepted these terms and conditions.
Once we have received your enquiry, we will send you, via your nominated email address, a questionnaire to fill out and following this, set up a time to discuss your requirements over the phone.
For the personal itineraries the different levels and pricing will be fully explained.
PAYMENTS
If you are engaging Every Element to plan a personalised itinerary for a holiday, once we have discussed your plans and you agree to go ahead you will be sent an invoice for 50% of the total amount. Planning will commence once this payment has been received.
The balance will be due prior to receiving a copy of your itinerary.
GROUP TOURS
All group tours organised by Every Element are conducted in partnership with third party providers. The cancellation policies, terms and conditions of the company engaged for the group tour will apply. It is the responsibility of the client to review the third party provider’s terms and conditions before booking and be aware of cancellation timeframes to receive any refund. If you need to cancel you will be required to notify us in writing as soon as possible. We cannot guarantee any specific outcomes or refunds.
TRAVEL DOCUMENTATION AND ITINERARIES
Your personal itinerary and a spreadsheet of costs will be provided to you for review once complete. The draft itinerary needs to be checked thoroughly by you and any changes must be requested within a 7-10 day window of receiving the itinerary and costings. At this time we are happy to set up a time to go through the itinerary either by phone or video call and discuss any questions or changes. After this period, prices and availability of quoted options may change and what has been included in the itinerary may not be available.
Once the final itinerary has been approved by the client and signed off, we are happy to make up to 3 changes to the final itinerary within a one month period. After this time there will be a fee of $50 per change. Bookings will be made either using the clients credit card number (provided by the client) or with funds transferred to Every Element and paid by Every Element to the Supplier. A credit card must be supplied by the client, if required for restaurant booking holds.
Tickets for tours and activities, supplier confirmations for hotels and restaurants and any other travel documentation will be provided to you 3 weeks prior to your holiday commencing. It is your responsibility to check that all confirmations are correct in relation to dates type of room and that cancellation conditions are understood. Confirmations must match with your provided itinerary. Every Element takes no responsibility for incorrect bookings unless advised by the client up to 2 weeks after the information has been sent. After this period of time it is understood that all bookings that have been made are correct.
During the holiday we will forward you any confirmations sent to us for reconfirmation such as restaurant bookings. It is your responsibility to cancel any bookings that you no longer wish to attend. If a credit card hold has been used to secure the booking, Every Element is not responsible for any costs if the client doesn’t cancel.
DISCLAIMERS
We will use all due care and skill in providing to you a booking and advisory service for your travel needs. However, subject to the Limitation of Liability clause below, we will not be responsible for or liable to you or your co-travellers for any of the following during or as a result of your holiday.
Any injury or illness.
Any loss or damage to property.
Any cancellation or alteration to your booking made by a third-party supplier such as an airline.
Dissatisfaction with any aspect of your holiday
The omission of any aspect of your holiday by a third party supplier
Any component of your trip which you book, or which is booked for you by someone else (other than Every Element) including flights.
Your failure to obtain country visas or vaccinations whether recommended by us or not.
Your passport having expired or having an insufficient remaining validity period.
The suitability of your flight bookings
Any changes to your itinerary during the holiday which is outside of our control (including weather-related cancellations or postponements).
It is the Client’s responsibility to check all confirmations supplied by Every Element at the time of the booking in relation to hotel and tour bookings and advise any incorrect information or discrepancies.
You indemnify us against any liability that we may have to third party suppliers as a result of any failure on your part to make a payment or for any damage or injury that you may cause during the course of your attendance at the premises or venue of the third party supplier.
MEDICAL ISSUES
You warrant that you do not have any pre-existing medical conditions or disabilities that will affect your ability to participate in the holiday. If you have any medical Issues, you need to consult with a health professional as to whether the holiday is appropriate for you before booking. You are solely responsible for ensuring that you are medically capable of attending the holiday. You acknowledge and agree that we are not responsible for and are not able to take any action for you if medical services are required while you are on your holiday, including the attendance of any doctor, paramedics or ambulances, and that it is your responsibility to ensure your own health and safety.
Notwithstanding anything else in these terms and conditions, we are not liable for any injury, death, damage or loss caused or due to any medical issues that occur during your holiday.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party and caused or alleged to be caused directly or indirectly as a result of your holiday booked through us.
Subject to the below, any condition or warranty which would otherwise be implied in these Terms are excluded.
Our liability for breach of a guarantee conferred by the Australian Consumer Law is limited, in the case of services, to any one of the following as determined by us:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
If there is a problem our services caused by a breach of these Terms by us (Omission), and you have notified us within 24 hours, then to the maximum extent permitted by law our liability arising from, or in connection with, the Omission will be limited to the face value of the booking purchased by you.
TRAVEL INSURANCE
To avoid you incurring loss as a result of your travel, we highly recommend that all of our clients (and their co-travellers) travelling internationally must have travel insurance suitable for their holiday. We also recommend travel insurance for domestic travel. We reserve the right to not accept a booking request or to not make a booking for international travel for any client who indicates that they will not to take out travel insurance or who has failed to provide evidence of their travel insurance when requested by us.
AMENDMENTS TO THESE TERMS AND CONDITIONS
We may alter these terms and conditions at any time, subject to posting the revised terms and conditions on our website and/or notifying you by email or otherwise at least 72 hours before the alteration is made.
BUSINESS NAME AND TRADE MARK
Every Element is a registered business name and registered trademark of Judy Learmont and is protected by New South Wales and Australian laws.