Introduction to Terms and Conditions

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These Booking Conditions outline the terms under which you enter into a contract with me for your trip. By booking with MDL Discoveries, you confirm that you have read, understood, and agree to be bound by these terms. I reserve the right to update these Booking Conditions at any time before you submit a booking request. In these terms:

• ‘You’ and ‘Your’ refer to all individuals listed in a booking, including anyone added or substituted later.

• ‘I’, ‘me’, ‘my’, and ‘MDL Discoveries’ refer to MDL Discoveries.

 

BOOKINGS

A booking request is accepted when I issue a written booking confirmation showing that I have received your deposit. At this point, a contract between you and me comes into existence, subject to these booking conditions. I reserve the right to decline any booking at my discretion. No employee or associate, other than myself as the owner, has the authority to vary or omit any of these booking conditions or to promise any discount, refund, or credit.

 

SERVICES

I commence providing services to you as soon as I accept your booking. This includes the significant work undertaken prior to travel to arrange and coordinate your journey. You also benefit from the planning and preparation I carry out in anticipation of the tour. The services I provide to you are limited to:

• (a) the arrangement and coordination of the tour; and

• (b) the delivery of the travel arrangements that I directly control.

 

PRICES AND EXCLUSIONS

The prices stated are in Australian Dollars (AU$) and are accurate at the time of publication. The most up-to-date pricing is typically available on my website. Alternatively, you can contact me via the website's contact page for confirmation.

 

The price includes accommodation, transport, all meals, and other inclusions as outlined in the published itinerary.

 

International and domestic airfares are not included. Additionally, costs related to passports, visas, vaccinations, insurance, meals (other than those specified), medical expenses, pharmaceuticals, emergency evacuation, gratuities, and all items of a personal nature are excluded.

 

Prices are listed per person on a twin-share basis.

 

PRICE VARIATIONS

I reserve the right to adjust the cost of your travel arrangements before the commencement of your trip due to circumstances beyond my control, such as the imposition of fuel surcharges or new or amended government charges.

 

I also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, once full payment has been received, the cost will not be adjusted for currency fluctuations. I will absorb the first 5% of any negative currency fluctuation, but any amount exceeding this will be passed on to you as the traveler.

 

DEPOSIT

A deposit of AU$500 per person is required within seven days (unless otherwise stated) of me accepting your booking. Additional deposits may be required depending on the booking conditions of my suppliers.

 

The deposit represents a fee payable for the services involved in processing and confirming your booking. As these services are provided immediately upon confirmation, the deposit is non-refundable.

 

FINAL PAYMENT

Full payment must be received no less than 60 days before the commencement of the tour. If you fail to make

payment by the due date, I will send you a reminder. In addition to the payment, you will be responsible for any costs imposed on me by suppliers as a result of late payment.

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If payment is not received within 14 days of the reminder, your booking will be deemed cancelled.

 

For late bookings (generally made 30 days or fewer prior to the start of the tour), full payment may be required at the time of the booking request.

 

INVOICE ERRORS OR OMISSIONS

I reserve the right to correct any obvious errors or omissions, even if the invoice has been paid in full.

 

CANCELLATIONS BY YOU

You may cancel your booking at any time. The cancellation will be effective from the date I receive it. As I incur costs when cancellations occur, you will be required to pay cancellation charges as outlined in the table at the end of these booking conditions.

If the cancellation takes place before the balance due date, the cancellation charge will be the loss of the deposit.

 

If, due to any suspected illness or failure to satisfy any international travel requirements, or if any of our suppliers exclude you from their premises or services, or if an airline or other common carrier refuses you carriage, I will not be liable to refund the cost of your trip or any part thereof. This is because I will have already paid (or committed to pay) suppliers, and significant work will have already been undertaken to prepare and service your booking.

 

I will not be liable for any other loss or expense you incur in connection with your booking if you are prevented from commencing your tour under these circumstances.

 

I strongly encourage you to purchase travel insurance that adequately covers cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.

 

OTHER CANCELLATIONS

In these booking conditions, the term Force Majeure refers to events beyond my control that could not have been reasonably prevented. These include, but are not limited to:

• (a) natural disasters (including flooding, fire, earthquakes, landslides, volcanic eruptions), adverse weather conditions (such as hurricanes or cyclones), and high or low water levels;

• (b) war, armed conflict, industrial disputes, civil strife, terrorist activity, or the threat of such acts;

• (c) epidemics, pandemics;

• (d) any new law, order, decree, rule, or regulation imposed by any government authority (referred to as Government Restrictions).

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Force Majeure - Prior to Travel

If:

• In my reasonable opinion, either directly or through my associates, contractors, or suppliers, I determine that your travel arrangements cannot safely, lawfully, or reasonably proceed due to a Force Majeure event; or

• You notify me no later than 14 days before the commencement of your booked tour that you are unable to attend due to Government Restrictions (e.g. border closures).

Then I may:

• Reschedule your travel arrangements, but only if you agree to the rescheduled arrangements; or

• Cancel your travel arrangements, in which case our contract will terminate.

 

If I cancel your travel arrangements, neither of us will have any claim for damages related to the cancellation. However, I will either:

• Issue you a credit equal to the payments received for the cancelled travel arrangements, redeemable within 36 months of issue against any future tours I offer; or

• Refund payments attributable to the cancelled travel arrangements, less:

• (a) unrecoverable third-party costs and other expenses incurred or payable by me for the cancelled arrangements;

• (b) overhead charges incurred by me in relation to the price of the cancelled arrangements; and 

• (c) fair compensation for the work undertaken by me in relation to the cancelled arrangements up until the time of cancellation and in connection with processing any refund.

 

• Please note that my ability to issue you with a credit may depend on suppliers issuing corresponding credits to me. In such cases, I may opt to pay you a limited cash refund as outlined.

 

Force Majeure - During Travel

• If, due to Force Majeure, I have to cancel travel arrangements after your tour has commenced, I will provide a refund of any recovered third-party costs, plus any third-party costs I don't incur for cancelled travel arrangements.

 

Force Majeure - General

• If a limited cash refund is to be paid, I will make reasonable efforts to recover payments from third parties related to your tour. However, I cannot guarantee that I will be able to recover these payments, either partially or fully. If, after I have paid you a limited cash refund (or determined that no refund is currently payable), I recover payments from third parties related to your booking, I will pass these payments on to you.

• I will not be responsible for any other loss or costs you incur in connection with your booking (e.g., airfares, insurance, and visa expenses) if your tour or particular travel arrangements are cancelled due to Force Majeure.

• If I provide you with any alternative services or assistance when tour arrangements are cancelled due to Force Majeure and you accept these, the amount refunded to you will be reduced by the value of those services and assistance.

• You acknowledge that the terms in this section are reasonably necessary to protect my legitimate business interests. I strongly encourage you to purchase travel insurance that adequately covers cancellations and rescheduling risks associated with Force Majeure events as soon as you have paid your deposit.

 

Other Cancellations

• If I cancel your travel arrangements for reasons other than Force Majeure or a failure to satisfy minimum numbers, you will be offered (at your choice) a refund of all funds paid. To the fullest extent permitted by law, I will not be responsible for any other expenses or losses you incur as a result of my cancellation.

 

AMENDMENTS BY YOU

• I will endeavour to accommodate amendments and additional requests. However, you acknowledge that these may not always be possible to fulfil, and you will be responsible for any additional costs charged by suppliers.

 

AMENDMENTS BY ME

Prior to the Tour

• Due to the dynamic nature of the travel industry, I may occasionally need to make amendments or modifications to the itinerary and its inclusions. You acknowledge my right to do so. Most changes will not be significant.

• If I become aware of any significant changes to the itinerary or its inclusions that materially detract from the overall value of the tour (where I determine the tour can still proceed), I will notify you within a reasonable time and refund you an amount attributable to any reduction in value, as determined by me acting reasonably.

• If any independent suppliers make changes to their services, I will notify you and ensure that the overall quality of the tour is maintained wherever possible.

 

During the Tour

• You acknowledge that the itinerary, modes of transport, accommodation, and/or the tour's inclusions may need to change during the tour due to local circumstances beyond my reasonable control, such as, but not limited to, road conditions, poor weather, or vehicle breakdowns. You agree that I have the right to pass on any costs I incur for alternative arrangements made for your benefit in these circumstances.

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General

To the fullest extent permitted by law:

• I will not be responsible for any omissions or modifications to the itinerary or inclusions due to

• Force Majeure or other circumstances beyond my control occurring after I have accepted your booking. This includes any loss of employment or distress caused by such omissions or modifications.

• If you are entitled to any compensation for any modification or omission, you agree it will be reduced by the value of any alternative services I provide, which you accept.

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

 

UNUSED OR DENIED SERVICES

• No refunds will be provided for any tour arrangements not utilised, whether by choice or due to late arrival or early departure. This includes instances where common carriers (such as airlines, trains, or ferries) fail to operate according to schedule, for which I disclaim responsibility.

• It is your responsibility to ensure you meet all travel requirements, including vaccinations, visas, or other documentation, as failure to do so may result in denied services without refund.

• I do not authorise overseas suppliers to promise refunds on my behalf.

 

CLIENT NAMES - EXACTLY AS PER PASSPORT

• For security reasons, my overseas suppliers require names to match exactly as stated in your passport. If you provide incorrect information and I need to reissue documentation, you will be responsible for any fees charged by the suppliers, in addition to my reasonable administration fees.

 

TRAVEL INSURANCE

• I strongly advise that you are adequately insured for the duration of the tour. I recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, and additional expenses. The choice of insurer is entirely yours.

• I strongly suggest purchasing insurance at the time you pay your deposit, as cancellation fees and charges apply from that point.

 

ACCOMMODATION

• Due to the dynamic nature of the travel industry, I may need to substitute the accommodation with a property of substantially comparable or higher standard. I will always endeavour to minimise such substitutions. You acknowledge that these substitutions will not be considered a significant change to your tour.

• All rooms are allocated as per availability unless otherwise stated. While double or twin beds may be requested, I cannot guarantee these requests due to potential limited availability, and they will be allocated based on priority of booking.

• Single rooms are often smaller than other room types and may contain only a single bed. Triple rooms may consist of a double and a single bed.

 

PASSPORTS AND VISAS

• You are required to hold a valid passport with sufficient validity, as well as any necessary visas for the tour. It is your responsibility to ensure that you have all the required documentation to comply with the laws and regulations of the countries you will be visiting.

 

Health and Fitness

• It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the tour.

 

Existing Medical Conditions

• If you have a medical condition that may reasonably increase your risk of needing medical attention or materially affect the usual conduct of the tour, you must inform me prior to or at the time of making your booking request.

 

New Medical Conditions

• You must inform me of any new or changed medical conditions that could reasonably be expected to increase your risk of needing medical attention or that may materially affect the usual conduct of the trip. I may ask you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance that I cannot reasonably provide, or if you fail to provide a medical assessment within a reasonable timeframe, this will be treated as a cancellation by you, and cancellation fees and charges will apply (see 'Cancellation by You' section).

 

Non-Disclosed Medical Conditions

• If you have a medical condition that you have not disclosed, and it requires special assistance that I cannot reasonably provide, I may, acting reasonably, exclude you from the trip. This will be treated as a cancellation by you, and cancellation fees and charges will apply (see 'Cancellation by You' section).

 

MEALS AND DIETARY REQUIREMENTS

• You must notify me of any special dietary requests at the time of your booking or within seven days of receiving confirmation of your booking. While I will make every effort to communicate your requirements to suppliers, I cannot guarantee that all dietary needs can be accommodated.

• It remains your responsibility to check that your meals and beverages do not contain any allergens, even if dietary requests have been made. I expressly disclaim any liability for meals or beverages containing allergens, except in circumstances where negligence on my part can be demonstrated.

• For your safety, I strongly recommend that you carry any necessary medications, such as EpiPens, and inform your travel companions of your dietary requirements in case of emergency.

 

TOUR PROGRAMS

• When joining a group tour, you agree to conduct yourself in a way that promotes positive group dynamics and mutual respect. If your behaviour, acting reasonably, is deemed to disrupt the safety, comfort, or enjoyment of others, I may ask you to leave the tour. In such cases, you will not be entitled to any refund for unused services and will be responsible for any additional costs incurred due to your removal.

• If a tour does not meet the required minimum number of participants, I reserve the right to cancel the tour. In this case, you can either receive a full refund or apply your payment as credit towards another tour organised by me.

 

WEBSITE AND BROCHURE ACCURACY

• The scenes shown are representative of the experiences offered on various tours but may not correspond to the specific locations in your itinerary.

• Maps provided are not to scale and are intended as a general guide to locations. While I make every effort to ensure the accuracy of information on my website and brochures, I cannot be held responsible for typographical errors or inaccuracies caused by unforeseen circumstances.

 

INDEPENDENT SERVICES

• I am not responsible for any additional activities or excursions not included in your booked itinerary. Any advice or recommendations given by me, a guide, or a local representative are provided in good faith based on available information at the time. However, I cannot accept responsibility for the acts or omissions of the principal operator of any excursion or activity.

 

ACCEPTANCE OF RISK

• You acknowledge that travel involves personal risks that may exceed those encountered in everyday life. These risks may arise from the adventurous nature of your trip or from visiting destinations with geographical, political, or cultural risks and dangers. It is your responsibility to consult the guidance issued by the Department of Foreign Affairs and Trade (DFAT) for the destinations in your itinerary. By choosing to travel, you confirm that you have reviewed the relevant DFAT guidance and accept the inherent personal risks associated with your journey.

 

RESPONSIBILITY

To the extent that I am the principal supplier of the services within the tour, I will provide these services with reasonable skill and care. My responsibility extends only to agents and contractors under my direct control and solely for the tasks I have instructed them to perform. I am not liable for any loss, damage, claim, or expense caused by:

• Your own acts or omissions;

• Any third party not connected with the provision of the tour and its services; or

• Events classified as Force Majeure.

 

Recreational Services

• If I provide any recreational services to you, to the maximum extent permitted by law, I exclude liability for death, physical injury, mental injury, or any other liability referred to in Section 139A(3) of the Competition and Consumer Act 2010 (Cth) arising from a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of Australian Consumer Law. This exclusion does not apply to significant personal injury caused by reckless conduct on my part.

• Recreational services are defined as services involving participation in: (a) a sporting activity or similar leisure 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

• Apologies for the oversight! Here's the revised version written in the singular, with a more concise tone:

• I am not responsible for any loss or additional expenses you incur due to missed connections or services resulting from delays outside of my control.

• You acknowledge that services complying with local laws and regulations will be deemed properly performed, even if they would not meet Australian standards.

• These booking conditions do not exclude or limit the application of Consumer Guarantees under Australian Consumer Law, except to the extent they can be excluded or limited. In such cases, I disclaim all warranties and guarantees.

• To the fullest extent permitted by law, my maximum liability to you is limited to resupplying the tour arrangements or paying the cost of having them resupplied.

 

DEEMED ACCEPTANCE

• If you make a booking on behalf of another party, you confirm that you are authorised to provide their agreement and consent to be bound by these Booking Conditions. You agree to take responsibility for any loss or damage incurred if this is not the case.

 

Complaints

• If there is an issue with any aspect of your tour, you must inform me or my representative, or the local supplier, as soon as possible to allow us the opportunity to resolve it.

• If the issue remains unresolved during the tour, please submit your complaint in writing within 30 days of the tour’s conclusion, so I can pursue the matter with suppliers (if applicable). Failure to follow this procedure may limit your ability to make a claim.

 

DEEMED ACCEPTANCE

• If you make a booking on behalf of another party, you confirm that you are authorised to provide their agreement and consent to be bound by these Booking Conditions. You agree to take responsibility for any loss or damage incurred if this is not the case.

 

GENERAL

• The contract between MDL Mindful Experiences and you is governed by the laws of the State of Victoria. Any disputes will be resolved by a court with appropriate jurisdiction in Victoria.

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

• Any personal information you provide will be collected, stored, used, protected, and shared in accordance with Australian Privacy Principles and our Privacy Policy, available on our website.

• This brochure is valid for travel dates from 1 January 2025 to 31 December 2026. Information is accurate as of 1 January 2025. Any amendments or updates to services will be posted at www.mdltours.com.

• ABN: 52 414 653 093