Updated for bookings made on or after: 27 January 2022
1. CONDITIONS OF BOOKING
These Booking Conditions set out the terms on which you contract with us for the arrangement and coordination of travel arrangements through our suppliers 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). "Suppliers" means third party suppliers of products and services we book and pay on your behalf. "We", "us", "our" and "MySnow Holidays" means ITC Pacific Pty Ltd.
1.1 BOOKINGS
A booking request is accepted when we issue a written booking confirmation and a deposit has been acknowledged as received by us. 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, refund or credit.
1.2 SERVICES
The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
2. PRICING POLICY
2.1 PRICES & EXCLUSIONS
Prices stated are in Australian Dollars ($AUD) or New Zealand Dollars ($NZD) as specified and are current at the time of publication or quote. The most up to date pricing is available on our website or by requesting an updated quote. Inclusions in the price are as per the published itinerary. International and domestic airfares and airport/hotel transfers are not included unless specifically stated.
Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
We reserve the right to correct any obvious errors and omissions from our brochure, marketing material or quotes. Quotes are valid for a maximum of 3 days unless otherwise stated and are subject to availability and change.
2.2 PRICE SURCHARGES
We reserve the right to surcharge the cost of your booked travel arrangements prior to commencement for circumstances beyond our control such as currency devaluation (subject to the exchange rate guarantee in clause 2.4), fuel or air fare surcharges, or the imposition of new or amended Government charges.
Our suppliers reserve the right to change their pricing even after a deposit is made. In this event, either the new pricing must be accepted or a full refund will be offered.
2.3 PRICE PROMISE
We promise that our prices are the best available. The price promise is only valid on accommodation and lift pass packages. To be eligible for the price promise, we must be able to secure the available products on our contracted rates. If the property has exhausted its contracted allocation, we will work with the property to secure the best available rate, however, this is not guaranteed. The Price Promise excludes groups of 15 or more passengers.
2.4 EXCHANGE RATE GUARANTEE
For your peace of mind, our exchange rate for the entire land package cost is locked in at time of deposit so you know exactly what you will need to pay before you travel. This exchange rate guarantee is not optional and is a compulsory part of our service. In the event of cancellation, the exchange rate guarantee may cause additional supplier unrecoverable costs (clause 5.2) in the form of a currency differential (clause 5.3).
3. PAYMENT CONDITIONS
3.1 DEPOSIT
Your deposit is required within 3 days (unless otherwise stated) of us accepting your booking. The deposit represents a fee payable to us for services associated with the processing and confirmation of your booking and any consultations on travel arrangements that we may provide to you. Because these services are provided as soon as we confirm your booking, the deposit is non-refundable other than where we cancel your travel arrangements for reasons other than Force Majeure (see below).
3.2 LAND DEPOSIT AMOUNTS
- Australia: 50% of the land package
- New Zealand: $150 per person
- Japan: 30% of the land package
- Canada & USA: 30% of the land package
- South America: 50% of the land package
- Europe: 50% of the land package
- Groups: As shown on quote and invoice
All deposits may be non-refundable and subject to our Cancellation Conditions (clause 4) and Cancellation Fees (clause 5).
3.3 AIR PAYMENT AMOUNTS
Full airfares payment is due at time of ticketing unless otherwise stated.
3.4 FINAL PAYMENT
Payment in full must be received by the date(s) reflected on your invoice OR no less than 70 days before commencement of your trip. We are under no obligation to remind you of a payment becoming due. If we fail to receive a payment from you by the due date for payment in clear funds, then this will be deemed a cancellation by you (clause 4.1). Note: some items may require payment (including full payment) earlier or in additional instalments and this will be advised with the booking confirmation. For late bookings (bookings within 70 days of departure), full payment is required at the time of request. You acknowledge that we may not be able to confirm services, in which case we will provide you with a refund. All final payments may be non-refundable and subject to our Cancellation Conditions (clause 4) and Cancellation Fees (clause 5). If final payment is not received by the due date, we reserve the rights to cancel all components of the reservation, with full Cancellation Fees (clause 5).
3.5 INSTANT PURCHASE ITEMS
Some items may be instant purchase, with full payment due at time of booking, and have more restrictive change and cancellation conditions which will be notified to you.
4. CANCELLATION CONDITIONS
4.1 CANCELLATIONS BY YOU
You may cancel your booking by giving written notice to us. Cancellation fees and charges will be levied as follows irrespective of when notice of cancellation is received:
Cancellations will be subject to:
- Our Cancellation Fees (clause 5.1); and
- Supplier Unrecoverable Costs (clause 5.2)
4.1.1 ILLNESS PREVENTING TRAVEL COMMENCEMENT OR CONTINUATION
If due to any illness, suspected illness or failure to satisfy any required tests:
- an airline or other common carrier refuses you carriage;
- a hotel or supplier refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
4.1.2 COVID-19 CREDIT REDEMPTIONS
If: (a) we issued you with a credit due to your original travel arrangements being disrupted by Covid-19 and associated restrictions; and (b) you have redeemed that credit for new travel arrangements; then (c) you agree that we will not be obliged to refund you the value of the credit if you cancel your new travel arrangements. If you cancel travel arrangements that have a value which exceeds the value of your credit (Excess Payment), then we will refund you the Excess Payment, less:
- Our Cancellation Fees (clause 5.1); and
- Supplier Unrecoverable Costs (clause 5.2)
4.1.3 NEW OR CHANGED QUARANTINE REQUIREMENTS
If after we confirm your booking: (a) new or changed quarantine requirements are in imposed by government authorities either in a destination you are due to visit or in your home State or county and these remain in effect 60 days before commencement of travel arrangements booked with us; and (b) these new or changed quarantine requirements make it reasonably impractical for you to travel; then (c) you may give us written notice to cancel your trip. If you cancel travel arrangements in these circumstances, then we will refund payments made by you less:
- Our Cancellation Fees (clause 5.1); and
- Supplier Unrecoverable Costs (clause 5.2)
4.1.4 ILLNESS OR VACCINATION STATUS PREVENTING TRAVEL
If due to any illness, suspected illness or failure to satisfy any required tests (such as PSCR test a or rapid antigen test in relation to Covid-19) or vaccination requirements:
- an airline or other common carrier refuses you carriage;
- a hotel or vessel refuses to accommodate you; or
- we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or incurred loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
4.2 CANCELLATIONS BY US OR OUR SUPPLIERS
If we are forced to cancel your booking for reasons other than Force Majeure, we will offer a full refund of money paid less any Supplier Unrecoverable Costs (clause 5.2). We will not be responsible to you for any expenses or loss you incur in connection with your booking if your travel arrangements are rescheduled or cancelled by a supplier whether or not due to Force Majeure.
4.3 CANCELLATION DUE TO FORCE MAJEURE - PRIOR TO TRAVEL
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 (including travel advisories and restrictions).
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.
If in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure event, then at our discretion, we may elect to:
- Offer a credit of the value of the booking less a $60 per person amendment fee, and less any Supplier Unrecoverable Costs (clause 5.2); or
- Cancel your travel arrangements, in which case our contract with you will terminate. If we or you cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments made by you less:
- Our Cancellation Fees (clause 5.1); and
- Supplier Unrecoverable Costs (clause 5.2)
Any credit issued by us:
- must be redeemed within 12 months of the cancellation date;
- is redeemable against any travel arrangements offered by us;
- is not redeemable for cash;
- is not redeemable against flights or travel insurance unless specifically approved.
Any credit issued by our suppliers is subject to the supplier's conditions.
4.4 CANCELLATION DUE TO FORCE MAJEURE - DURING TRAVEL
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recoverable third party costs for cancelled travel arrangements only.
4.5 FORCE MAJEURE - GENERAL
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
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.
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.
5. CANCELLATION FEES
If you cancel your booking in accordance with clause 4.1, then you agree the fees and charges specified in clauses 5.1 and 5.2 are payable.
If after the application of these fees and charges there is a surplus of payments you have made to us, we will refund this to you within a reasonable time.
You agree that the deductions and cancellation charges specified below are a genuine pre-estimate of our loss and are required to protect our legitimate business interests.
5.1 OUR CANCELLATION FEES
We charge a cancellation fee to compensate us for work performed up until the time of cancellation (including work performed in connection with your travel arrangements prior to your booking); and to compensate us for processing the cancellation and any associated refund ("Our Cancellation Fees"). These fees are:
- Land Fee: 10% of the total land value of the booking
- Air Fee: $55 per economy air ticket, $110 per premium economy air ticket, and $220 per business class air ticket.
Cancellation fees and charges will not exceed payments received by us at the time of cancellation.
5.2 SUPPLIER UNRECOVERABLE COSTS
You agree to pay to us any amounts we have paid or have contractually committed to pay to third parties to deliver your travel arrangements which we cannot reasonably recover (for example payments made or due to airlines and ground operators). We will use reasonable endeavours to recover third party payments, but we make no guarantee that we will be able to make recoveries.
Any refund of third party payments is subject to us actually receiving funds back from suppliers or confirmation that we are not required to pay them.
Supplier unrecoverable costs may include any Currency Differential (clause 5.3).
5.3 CURRENCY DIFFERENTIAL
By booking with us, you accept our exchange rate guarantee, which locks in your exchange rate at time of booking. If part of, or the entire booking is cancelled, the full booking value will need to be converted back into your booking currency. Any currency differential will be identified as supplier unrecoverable costs.
6. CHANGES & AMENDMENTS
6.1 CHANGES & AMENDMENTS BY YOU
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil. An amendment fee of $60 per person 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 or applicable price increases.
6.2 CHANGES & AMENDMENTS BY US
6.2.1 PRIOR TO TRAVEL
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions, and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
6.2.2 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.
6.3 ACCOMMODATION
We reserve the right to substitute hotels, and other forms of accommodation with properties or supplier of a comparable or higher standard.
6.4 UNUSED SERVICES
No refunds will be made for any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of transport to operate according to schedule, which we disclaim responsibility for (see clause 8 through 8.5).
If you are not fully and validly vaccinated against Covid-19 in the destination(s) where services are to be provided, 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 or the costs of alternative arrangements) if you are denied services in these circumstances.
7. PERSONAL DETAILS & HEALTH
7.1 CLIENT NAMES - EXACTLY AS PER PASSPORT
For security reasons, airlines and our overseas suppliers require full names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our fees relating to changes and amendments (clause 6.1).
7.2 PASSPORTS & VISAS
It is a requirement that you hold a valid passport and any required visas for your international trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
7.3 VACCINATIONS
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is so health risks for yourself and others you come into contact with can be mitigated. Subject to the Illness or Vaccination Status Preventing Travel section above, if you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
7.4 HEALTH REQUIREMENTS
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then you may be required to cancel your booking.
Provided you notified us of your medical condition at the time you made your booking request, we will provide you with a full refund of payments made, less supplier unrecoverable costs (clause 5.2). If you fail to notify us at that time or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide.
We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage and that you take out this policy soon after paying your deposit.
7.5 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. 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. You further acknowledge, to the fullest extent permitted by law, we disclaim any liability for these risks.
Alpine regions are subject to icy and other inclement conditions. It is your responsibility to exercise reasonable care and to suitably supervise any children in your party at all times. Snow sports by their nature are inherently risky activity and you accept all associated risk.
7.6 TRAVEL INSURANCE
It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage, repatriations and additional expenses. The choice of insurer is yours.
We strongly suggest you consider insurance at the time you pay your deposit. Cancellation fees and charges are payable from time of booking.
8. RESPONSIBILITY & SERVICES
8.1 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 trip, you acknowledge that our obligations to you are limited to taking reasonable steps 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, ski resort operators, independent transport companies (i.e., vehicles not operated by us) 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. 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.
8.2 SERVICES WE DIRECTLY SUPPLY
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel 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 suppliers (where we are not the supplier's agent or where the supplier is not an Independent Supplier) if they were carrying out the work we had asked them to do.
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.
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.
8.3 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.
8.4 MINOR ITINERARY ADJUSTMENTS & OMISSIONS
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.
We will not be responsible to you for any expenses or loss you incur in connection with your booking resulting from any amendment or change to the itinerary or its inclusions.
8.5 GENERAL LIABILITY LIMITATION
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 conditions and warranties into consumer contracts ("Consumer Warranties"). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
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.
9. LEGAL
9.1 DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and warrant to us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
9.2 LAW OF CONTRACT
The contract between ITC Pacific Pty Ltd trading as MySnow Holidays and you is governed by the laws of the State of Queensland, Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.
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.
9.3 PRIVACY POLICY
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with the Australian Privacy Principles and our Privacy Policy, which is published at www.mysnow.com.au/privacy_policy.
10. COMPLAINTS
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven't resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
