IMPORTANT: Please read all of these Terms and Conditions carefully.
These Terms and Conditions apply to all Ecruising bookings, quotations and related services. By making a Booking, paying a deposit or otherwise using our services you agree to be bound by these Terms and Conditions, and you represent that you have carefully read, and that you acknowledge and accept, all of the important information provided below.
Please note that Ecruising makes travel arrangements through specified third party service providers in accordance with their respective terms and conditions. You are responsible for satisfying yourself of the suitability of any Travel Products, including any terms and conditions relating to the Travel Product, prior to instructing us to proceed with a Booking. All Travel Product providers (cruise lines, airlines, hotels and tour operators, etc.) have their own terms and conditions. In most cases these can be found on the provider’s website or in their brochure. If you have any questions regarding the location of these terms and conditions or their wording, please contact your Ecruising consultant. Ecruising acts as a booking agent only, and has no control over the terms and conditions set down by the Travel Product providers.
Disclaimer regarding Travel Products:
We do not provide any Travel Products whatsoever and any Travel Products that you acquire, access or use pursuant to a Booking are delivered by independent third parties. You acknowledge and agree that we have no liability with respect to any Travel Products, and that we do not guarantee any Travel Products.
Ecruising will not be held liable in any way for any acts, errors, omissions, misrepresentations, breach of warranties or other conditions, or negligence by any Travel Product suppliers.
You agree that you assume all risks in relation to Travel Products in proceeding with a Booking notwithstanding any services provided by us. We are not responsible for any defects or delays in the provision of any Travel Products. We are not liable for any incorrect or incomplete information provided to us by Travel Product suppliers or other third parties and communicated to you with respect to any third party Travel Products. However in the event of an issue arising between you and the Travel Product supplier or with respect to any Travel Product, we will contact the Travel Product supplier on your behalf in relation to the issue, including in relation to claims for refunds. Any refunds provided by the Travel Product supplier will be paid through us.
Quotes:
Cruise, flight and hotel prices and availability are subject to so please be aware that all verbal or written quotes by Ecruising on all travel arrangements are subject to availability and price change until payment has been received and confirmation issued in writing.
Bookings:
You are responsible for the accuracy of any information provided to us for the purpose of making a Booking. Some Travel Product providers may refuse to supply he Travel Product where there are inaccuracies in the information. In such a case, we are not liable for any loss or damage arising from the inaccuracy or the Travel Product's provider's enforcement of their terms or conditions or policies.
Travel Products may be subject to availability, weather or other matters outside of our control. A Travel Product may be withdrawn, discontinued or materially changed by the provider of the Travel Product in accordance with the Travel Product provider's terms and conditions or policies.
Deposits:
Ecruising requires a deposit of $75 per guest for cruise only bookings and $250 per guest for packaged bookings in addition to deposits payable to cruise lines, airlines, hotels etc. All deposits are deducted from final payments and are not an additional charge. All Ecruising deposits are NON-REFUNDABLE from the time of payment and should be protected by travel insurance.
Additional deposits may be required by our Travel Product suppliers which vary by supplier, date, and duration, along with any additional payments for bookings of any airfares, tours and accommodation, that are required at the time of booking.
Deposits paid to airlines for select fares are non- refundable and the Bookings are non-changeable and non-transferable. Deposits for some tours and accommodation may also be non-refundable and/or the Bookings may be non-transferable and non-changeable depending upon the type/level of Booking. Higher level fares/Bookings may offer flexibility however additional payments apply.
Out of Date Range Components:
Pricing for cruise package bookings with out-of-date range components may fluctuate slightly from original package pricing. Pricing is subject to availability at time of booking and alternate arrangements may be offered. An additional payment may be required once components come into date range to secure your flights and accommodation. This will be advised to you, prior to issuing flight tickets. Once issued your tickets for flights, and once made your bookings for accommodation and tours, may be non-refundable and non-changeable, or subject to cancelation penalties, depending upon the level purchased and the terms and conditions of the Travel Product supplier.
Payment Options
Ecruising can accept debit and credit card payment for Bookings. These payments are subjected to a non-refundable merchant fee surcharge which is a percentage of the value of the transaction (Please see below).
Credit Card:
Credit Card payment can be made over the phone with your consultant. Please note a 1.5% surcharge applies for all credit card payments
Direct Deposit:
You can transfer funds directly into our Ecruising bank account. If you’re paying by Direct Deposit, please ensure it is done before 4pm EST otherwise we will not receive the next day which could result in your booking being cancelled. Once you have paid, please email your travel consultant a copy of the transfer details.
Our bank details:
BANK:NAB
ACCOUNT NAME:ECRUISING
BSB NUMBER:082401
ACCOUNT NUMBER:899517138
Please use Ecruising booking ID as reference when transferring funds.
Pricing and Final Payment Deadline
All pricing and itineraries are current at time of publishing and subject to change without notice. Pricing can change due to currency adjustments, fuel surcharges, taxes and airfare increases up until final payment has been received.
You acknowledge and agree that our quoted pricing for Travel Products may include our agency fees or commission in addition to the amounts payable to the third party Travel Product provider.
All prices on the Ecruising invoice are in Australian Dollars. Some aspects of your booking may be booked in a foreign currency and therefore will be subject to currency fluctuation adjustments at time of final payment. In this case, your booking will be recosted prior to final payment due date.
The final payment due date is noted on your Ecruising invoice. It is your responsibility to have the final funds paid by the due date. Should there be any delay, your booking will be at risk of cancellation with no refunds on payments made.
Amendments:
In some cases, existing cruise bookings can be repriced to the new fare or promotions, however, this is dependent on the cruise line's policies and conditions. Repriced bookings will also be subject to new conditions, change in onboard credits, cabin number and dining arrangements. Ecruising will charge $50.00 per booking to change an existing booking to a new fare or promotion. Bookings cannot be repriced once final payment has been made.
In the scenario where the booking must be cancelled and rebooked to receive the new fare or promotion, you will be charged our standard cancellation fee in addition to any fees imposed by the cruise line.
For all other amendments including name change, change to stateroom occupancy, accommodation, and transfers , Ecruising will charge an administration fee of $50.00 per reservation per change, in addition to fees imposed by the supplier/s.
Cancellations:
Our ability to cancel Bookings at your request will depend upon the type and level of fare that you purchased and the Travel Product supplier's terms and conditions.
All cancellation requests must be sent to us in writing before we can proceed to cancel confirmed arrangements with the Travel Product supplier.
Where cancellation is possible, Ecruising will charge a fee of $150.00 per guest in addition to any fees imposed by Travel Product supplier (unless we agree otherwise in writing). Cancellation fees imposed by the third party supplier will vary depending on the type and level of fare that you purchased and the Travel Product supplier's terms and conditions.
Refunds (if available) may take up to 12 weeks to process.
Acknowledgements:
You acknowledge and agree that:
Our initial quotes are generally based on the cheapest and lowest level fares and options for Travel Products currently available, and Bookings for these types of Travel Products are generally non-refundable, non-changeable and non-transferable. If you require more flexibility, you must ask our consultant before paying any deposits and we will advise you of available options and the additional payments that will apply.
While we take steps to price packages using the most up to date airfares we are only able to determine the actual airfare once flights become available in the system. This is generally 10 months prior to date of travel. Airline timetables, airfares and taxes are subject to change (without notice). We will advise you in advance of any variance in cost that will be added to your invoice.
Your accommodation is not guaranteed until the deposit is paid. Although we have special contracted nightly rates with selected hotels, we do not hold any room allocations unless you are booking one of our specialty cruise tours. If the selected hotel is unavailable, we will offer an alternate option of similar grade. Any variance in cost will be added to your invoice.
Airlines and cruise lines reserve the right to change flight or cruise schedules which have already been confirmed with or without notice, including but not limited to aircraft and routing changes, flight class downgrades and changes to pre-selected seats. Ecruising is not responsible for any changes outside of our control.
Passport Name Alert:
It is ESSENTIAL that your first name and surname given to us at the time of booking match your passport. Any correction or alteration required to a passenger name after a booking is made will incur amendment fees or a whole new reservation may need to be made which could result in your booking not being confirmed. Please CHECK our invoice carefully and advise us if the names do not match your passport. Please also refer to the Passport and Visa paragraph below regarding visa requirements and your eligibility to travel before paying your deposit.
Passports and Visas:
A valid passport is required for all international travel. It is your responsibility to ensure your passport is valid for at least six months from the date you intend to return to Australia and that names on all bookings for Travel Products booked with us match your passport.
Visa and other entry and exit conditions (such as currency, customs, and quarantine regulations) can change at short or without notice. You are responsible for determining these requirements for all countries you intend to visit prior to your departure. You can seek assistance online at Visas Direct.
Medical advice and vaccinations:
Ecruising is not an authorised medical advisor and does not purport to provide any medical advice.
Certain countries require vaccinations before arrival and for others it is recommended that health precautions are taken. As our staff are not qualified to offer medical advice, you may not rely on any medical advice provided by our staff and Ecruising recommends that you contact your local Travel Doctor or a GP for specific advice for the countries you are visiting.
It is your responsibility to contact your local GP with regards to advice on all your medical and immunisation needs for travel, or you may also contact Travelvax on 1300 360 164 (within Australia).
It is your responsibility to advise Ecruising about any medical conditions, mobility issues or dietary restrictions prior to deposit payment.
Travel Insurance:
It is essential to cover yourself against fees and charges and non-refundable payments should you need to amend or cancel your booking. It is highly recommended and on many cruise lines it is compulsory that adequate travel insurance be purchased from the date of the deposit being made. Cruises are not automatically included in all travel insurance policies. Ecruising may recommend NIB Insurance which provides extensive medical, cancellation, insolvency, and luggage cover, however we are not liable with respect to any NIB Insurance products. We receive a commission for NIB Insurance products purchased through Ecruising. Ecruising is not liable with respect to any travel insurance products that we may recommend, or with respect to your failure to obtain adequate travel insurance. Before you buy any insurance please read the Product Disclosure Statement, Financial Services Guide and Target Market Determination. If you have a complaint about an insurance product, please contact the insurer.
Travel Insurance Claim Documentation:
Where travel insurance has been purchased through Ecruising, we will be happy to assist with supporting documentation for your claim without charge. Where you have purchased your Travel Insurance from another source including credit card insurance, we will charge a fee of up to $250 for providing supporting documentation for your claim.
Availability:
Advertised lead-in cruise and fly/cruise packages are subject to airline, hotel, and cruise availability at time of booking. Where these lead-in packages are not available, the cruise company may offer an alternative grade of cabin for your consideration. We strongly recommend early bookings to avoid disappointment. Pre and post cruise land packages may need to be adjusted to suit flight schedules and availability. We do not hold any allocations with airlines or hotels (except in the case of accommodation for one of our specialty cruise tours).
Shore Excursions:
We recommend that you pre-book your shore excursions prior to departure from Australia. Many cruise lines make their shore excursions available online prior to departure. Please check with your travel consultant if your cruise line offers this service and obtain your cruise reference number so you can access and book online. Ecruising is not responsible should any shore excursions be sold out or on waitlist prior to your departure. Cruise lines can release their shore excursions online at any time, so we strongly recommend checking their website regularly, or contact the cruise line concerned for an approx. release date.
Gratuities:
On certain cruise and fly/cruise packages; tipping is included in the fare. Where this is not listed under the "package inclusions" we recommend USD11.00 - USD14.00 per passenger per day which will be divided between your cabin steward, dining room waiter and busboy. Please note on certain cruise lines this charge is automatically added to your onboard account - but it is still optional.
Free Cabin Upgrades:
You may want your cabin to be open to a free upgrade. If desired, please indicate this in writing to your Ecruising consultant. We will then make your cabin "available for upgrade" however there is no guarantee that the upgrade will occur. Upgrades are actioned by the cruise line at their discretion and option – they will not give advance notice that an upgrade will be allocated, nor will they accept requests for any particular cabin grade or number. The upgrade system is an automated system – so there is no choice. Once an upgrade has been applied it cannot be reversed, and you may find the upgrade cabin location is not to your liking so please give due consideration to requesting this option.
Resort Fees and City/Tourist Taxes:
Resort fees and city/tourist taxes are mandatory charges that are not included in the cost of your Booking. These charges apply only to certain countries/regions e.g. , USA, Venice, and may vary in amount according to hotel classification and location. These additional charges are collected directly by the hotel, in local currency, and charged per traveller. These charges cannot be pre-paid and are charged upon check-in. Please note that we do not have any control over these charges.
Airline seating and special meals:
Feel free to chat with your consultant if you need help with seating arrangements, special meal requests, or wheelchair assistance to the boarding gates. Alternatively, you can visit the airline's website, head to the "Manage Your Booking" section, pick your seats, and add any dietary preferences you need. Seat numbers allocated by the airline are not guaranteed until final boarding. Passengers are responsible for reconfirming all flights prior to flight departure time.
Airfare/Airline Conditions:
All airfares are subject to change / increase / withdrawal without notice by the airline(s) until paid in full and tickets issued. Airfares are based on the lowest available fare, which comes with strict conditions i.e., non-refundable, non-changeable and non-transferable. If required, please ask your consultant for pricing on flexible fare options that allow cancellations and/or amendments at a fee. All airline schedules are also subject amendments and flight cancellation without notice by the airline. Ecruising is not responsible for any of the actions of an airline. However you should ask your Ecruising consultant to initiate any claims for costs as a result of any airline action.
Airline Luggage, Meal, Entertainment Direct Charges:
Some low-cost carriers have additional charges not included in the air ticket cost for luggage. These costs are beyond our control and CANNOT be pre-paid to us as ticketing agents for the airline. Many airline carriers now charge for all baggage, meals, and inflight entertainment on international flights. Again, these fees and charges CANNOT be collected by us in advance. Each carrier and route have variations on prices and requirements. Please ask your Ecruising consultant for a breakdown of applicable `pay direct` fees applicable to your booking and how to request and pay these services online.
Frequent Flyers:
You must advise us prior to Booking of any applicable frequent flyer numbers if you wish to claim frequent flyer points. Please contact the airline for assistance in redemption of missed points. We have no liability in this regard.
Guarantee Cabins:
A Guarantee stateroom (GTY) is one where there is no cabin number assigned at the time of booking. If your stateroom booking is under a GTY basis, this means your booking is for a guaranteed category type (e.g. Inside, Oceanview, Balcony, Concierge/Aqua Class or Suite) on your chosen ship and cruise, however stateroom number will be allocated at the discretion of the cruise line either close to the date of the sailing or on the day itself. We are not able to accept any special requests regarding the position of the cabin, cabin facilities or bed configuration. If you are travelling with others, there is no guarantee that cabins will be located close together or will be of the same grade. The exact grade, number, location of the stateroom on the ship will be allocated by the cruise line at any time up until checking in at the port. Guests booked in GTY cabins may not be berthed with other travelling parties due to availability. Staterooms allocated may be subject to obstructed views. The benefits to you of a GTY stateroom are that after your booking has been confirmed, the cruise line may (at their discretion) upgrade your stateroom to one of a superior category to that originally booked at no extra charge. You acknowledge and agree that once your GTY Stateroom has been allocated to you, the cruise line is unable to accept any changes requested by you or your travel agent.
Travel Advice Notices:
It is your responsibility to check if any travel advisories have been listed for all countries you plan to visit. Please check any Travel Advice Notices issued by the Australian Department of Foreign Affairs and Trade prior to your journey.
www.dfat.gov.au/consular/advice or by calling 1300 555 135.
www.smarttraveller.gov.au or call 1300 139 281 for updated travel information.
USA/CANADA/UK/EUROPE Online Travel Authorisation:
For USA: Please use the ESTA site https://esta.cbp.dhs.gov to issue your online Travel Authorisation. A fee will apply. Once this is completed you will be able to enter the USA. Failure to complete this process can result in you being denied boarding on your flight or cruise. Ecruising is not responsible for ESTA Visa's issued on SCAM or illegal websites.
For CANADA: Please use the ETA site http://www.cic.gc.ca/english/visit/eta.asp to issue your Canada Electronic Travel Authorisation [Canada ETA]
For UK: Please use Apply for an electronic travel authorisation (ETA) - GOV.UK to issue your UK ETA
For EUROPE: The ETIAS is valid for short-term stays of up to 90 days and applies to entries into Europe via air, sea, or land. To apply for and obtain your ETIAS authorisation, please use the following link: https://etias.com/etias-requirements/etias-for-australian-citizens#etias_application. . The authorisation is electronically linked to your passport. Please note that you will be denied boarding if you do not possess a valid and approved ETIAS.
Electronic Cruise Documentation (eDoc):
Many cruise lines have now moved to eDoc cruise tickets or documentation. This means you may get your documentation as an attachment to an email for you to print or store electronically. Your online cruise registration direct with your cruise line must be completed before the cruise line will release your documents. Failure to complete this will cause delay. Once complete, the cruise line will usually release your documentation 10-20 days prior to your departure date from Australia.
For flights and accommodation, Ecruising provide complimentary electronic travel documents to all guests approximately 14 days prior to departure date and once the reservation is finalised and paid in full.
Privacy Statement:
Ecruising will collect your Personal Information for the purpose of providing its services including making Bookings. If you do not provide us with all of the Personal Information we request it may affect the quality of our services, our ability to make Bookings for you, and/or the ability of Travel Product providers to provide you with their products or services.
Our Privacy Policy is published on our website at https://www.ecruising.travel/privacy-policy and contains information about how individuals may access the Personal Information that we hold about that individual and seek the correction of such information. Our Privacy Policy also contains information about how an individual may complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint.
You consent to us handling your Personal Information in accordance with our Privacy Policy.
We will disclose your Personal Information to your Travel Product suppliers who may be located throughout the world. Your Personal Information may also be disclosed via social media accounts.
We will disclose your Personal Information to the third party suppliers of Travel Products and other third parties for the purpose of providing, or in connection with, our services. We are not responsible for or liable for the privacy practices of any such third party.
You consent to us handling your Personal Information in accordance with our Privacy Policy.
Liability:
To the extent permitted by law, all implied warranties with respect to our services and Travel Products are excluded. We do not warrant the accuracy, completeness or fitness for purpose of any information or services that we provide.
If permitted by law, to the extent that any mandatory guarantee or warranty under the Australian Consumer Law or any other statute, or at common law or otherwise, applies with respect to our services or these Terms and Conditions, our liability for failure to comply with any such guarantee or warranty is limited, at our sole discretion, to one or more of:
supplying any services again; or
paying the cost of having the services supplied again.\
You acknowledge and agree that:
you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss or damage, whether in contract, tort (including negligence), statute, or otherwise in connection with the services rendered, to the extent that you or any other person contributed to the loss or damage;
you must take reasonable steps to mitigate any actual or anticipated loss or damage; and
you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss, damage or expenses to the extent that you could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate your loss. We and our Related Bodies Corporate are not liable to you for any indirect, special or consequential loss, or any other loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, including loss of profit, loss of savings or the loss of the benefit of any contract or agreement, suffered or incurred by you whether in contract, tort (including negligence), statute, or otherwise, in connection with the services rendered, even if we have been advised of the possibility of such loss.
To the extent permitted by law, our, and our Related Bodies Corporate, maximum aggregate liability to you with respect to the services rendered by us is capped at AUD$100.
Nothing in these Booking Terms and Conditions exclude any of our liability under the Australian Consumer Law that cannot legally be excluded. To the extent liability under the Australian Consumer Law can be limited, our liability is so limited.
You acknowledge and agree that you solely bear all risk with respect to any third party provider of Travel Products and the Travel Products, including but not limited to any risk arising from inherently dangerous or high risk activity, or any risk of insolvency, winding up, bankruptcy or otherwise of the third party provider.
Indemnity
You agree to release and indemnify, defend, hold harmless and keep us and our Related Bodies Corporate, affiliates, directors, officers, employees, licensees, contractors and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis) however arising, whether present, unascertained, immediate, future or contingent, and whether based in contract, tort, statute, or otherwise, arising out of or in connection with any breach by you of these Terms and Conditions (including any warranty provided) or any negligent act or omission by you.
Dispute
If you believe you have a reason to raise a dispute with us with respect to a Booking or under these Terms and Conditions, you must first provide us with written notice of the dispute including particulars of the dispute. Our authorised representatives will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute.
If our authorised representatives are unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President's nominee. Each of us must bear our own costs of the mediation and bear equally the mediator's costs, and each of us is entitled to legal representation at the mediation.
You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this paragraph.
Miscellaneous
By providing us with instructions to place a Booking, you are warranting that:
you are at least 18 years of age;
all informationwhich you have provided to use is current and accurate;
you have investigated and considered taking out comprehensive travel insurance in relation to your Booking, and you agree that we have no liability to you in the event that you fail to obtain adequate cover; and
you have read and understood these Booking Terms and Conditions.
These Terms and Conditions are governed and interpreted in accordance with the laws of Queensland, Australia. Where you may have a dispute or claim against us, you submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts entitled to hear appeals from those courts. Where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim.
Any waiver of any of our rights under these Booking Terms and Conditions is not effective unless in writing signed by our authorised representative. Any failure or delay by us in exercising a right under these Booking Terms and Conditions does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.
If any clause of these Booking Terms and Conditions is illegal, void or unenforceable in any jurisdiction, that clause (including any subclauses, in whole or part in each instance and as the case may be) may be severed for the purpose of that jurisdiction only and the remainder of these Booking Terms and Conditions continues in full force and effect in that jurisdiction.
Notices to us may be sent to [[email protected]. Any response by our authorised representative will be directed to the email address from which your notice originated. We may give notices to you by sending an email to any email address that you have provided to us in connection with a Booking.
Changes to these Terms and Conditions:
Ecruising has the right to at any time it sees fit to change or modify all or any part of these terms and conditions by publishing the modified terms and conditions on our website. Any Bookings you make after we publish any modified terms and conditions will be subject to the modified terms and conditions.
Definitions:
In these terms and conditions:
Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking means any booking placed with a third party Travel Product provider by us on your behalf.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Travel Product means a travel service or product provided by an independent third party, for example, a cruise, flights, accommodation, tours and insurance.
We, us, our and Ecruising are references to Ecruising Pty Limited ABN 27 091 180 782.