General Conditions of Contract and travel of myOCtour
Thank you for the confidence and interest for us. We recommend that you read the general conditions of contract and travel (VCMC) below.
1. REGISTRATION / CONTRACT
If a written or an oral registration for a myOCtour product is received by myOCtour, it will be considered as equivalent to a contract between the client and myOCtour. The following Terms and Conditions are part and parcel of this contract. Should the content of the booking confirmation differ from that of the registration, this will be equivalent to a new offer on the part of the trip provider. If this new offer is not declined by the client within 3 days, it becomes binding and will be considered to have been accepted.
2. PRICES AND PAYMENT CONDITIONS
The prices of all myOCtour trips can be viewed in our catalogue and on the myOCtour website. Unless otherwise stated, all prices are stated per person based on programm tour, in Australian Dollars inclusive of Value Added Tax.
2.2. Payment Conditions
After the registration has been received by myOCtour, the client will receive a booking confirmation by e-mail, fax or post. A deposit of 25% of the total trip price, or a minimum sum of AU$ 100.00 must be paid within 10 days of receiving the booking confirmation. The balance amount of the total price must be paid not less than 30 days before departure. In the case of short-notice bookings the entire trip price must be paid immediately. Your travel documents will be sent to you on receipt of full payment or reliable proof of payment.
2.3. Booking fee
A booking fee of AU$ 50.00 will be charged per file in addition for bookings within 21 days prior to departure.
All services which are included in the package price are listed in the trip description. myOCtour reserves the right to make any alterations to these services during the season; the client will be informed of any such changes at the time of booking or in the written booking confirmation.
4. PRICE AND PROGRAM CHANGES BEFORE DEPARTURE
myOCtour reserves the right to alter the trip price, the trip program or individual services within the program before the contractual commencement of the trip. Should an important service supplier (such as a caravan park) not be able to provide the required services, myOCtour may seek an alternative solution. Any additional costs in such a case shall be borne the client. Alterations to the trip program are possible provided they do not substantially affect the overview and total content of the trip. myOCtour is obliged to inform the client immediately of any such changes to services or program. If necessary, the client will be given the opportunity to make an amendment to or to cancel his booking free of charge.
5. CANCELLATION BY THE CLIENT / ALTERATIONS / AMENDMENTS / REPLACEMENT PERSON
5.1. Cancellation by the client
The client may cancel his booking in writing or by telephone to myOCtour at anytime. If cancellation is received up to 7 days before trip departure, an administration fee of AU$ 60.00 per person will be charged; maximum AU$ 150.00 per booking. In addition to the administration fee the following per person cancellation fees apply :
One day trips:
30 days or more prior departure : no charges
29 to 15 days prior departure : 20% of the full amount is due
14 to 2 days prior departure : 50% of the full amount is due
1 day (24 h) before departure or in case of no show : 100% of the full amount is due
Multi day trips:
up to 90 days before departure : 10% of the full amount is due
89 to 60 days prior to departure : 30% of the full amount is due
59 to 30 days prior to departure : 50% of the full amount is due
29 to 3 days prior to departure : 80% of the full amount is due
2 days prior to departure or in case of no show : 100% of the full amount is due
The date of cancellation or alteration counts as the day on which myOCtour receives such cancellation or alteration from the client. In case falls on a Saturday, Sunday or statutory holiday, the next working day will apply.
A fee of AU$ 50.00 per booking will be charged for any alteration or revision made to a reservation by the client after the booking confirmation has been sent out.
For any amendments to trips requested by the client with regard to date of the trip, duration of the trip, trip type, or trip route, the following conditions apply:
a) the client is not automatically entitled to amend any given trip.
b) amendments can only be incorporated where the possibility exists.
c) all additional costs incurred by any amendments shall be borne by the client.
d) changes to the date of the trip and to the duration of the trip will be treated as a cancellation and are subject to the cancellation conditions outlined in 5.1. The amended trip will be regarded as a new booking.
5.4. Replacement person
The client has the right to nominate a replacement person in his place provided the new participant meets the requirements of the trip. An administration fee of AU$ 60.00 per person will be charged for this change. Any other additional costs that this change may entail shall be borne entirely by the client.
5.5 Child policies
Tours are not suitable for children, young people (15+) traveling at full price.
Pets are not allowed on our tours.
6. CANCELLATION BY myOCtour
myOCtour reserves the right to re-schedule or cancel any trip departure due to "forces majeures", governmental measures, political unrest, or strikes, if myOCtour considers the execution of the trip to be endangered or seriously complicated by such causes. In such a case, myOCtour will refund the price of the trip to the client. Any further claims to replacement will be rejected.
7. VISAS AND HEALTH REGULATIONS
All travellers must have a valid passport fulfilling travel regulations. Non-Australian clients are requested to check with their own consulates regarding the visa requirements to the countries to be visited. All clients are responsible for obtaining their own visas and observing the relevant entry, health and currency regulations that may apply in the countries to be visited. In case the client is unable to obtain the necessary documents or permits in time to embark on the trip, myOCtour will be forced to apply the cancellation rules listed in 5.1.
8. PROGRAM CHANGES DURING THE TRIP
In the interest of the client myOCtour reserves the right to make any alterations to the program or services due to unforeseen circumstances. myOCtour will strive to substitute such changes with services of equivalent standard. In the case of program changes due to "forces majeures", traffic obstacles, or delays caused by third party providers, myOCtour will not accept any responsibility and liability.
9. SERVICE GRIEVANCES DURING THE TRIP
Should the client have any grievances to air during the trip, he is obliged to contact the management of myOCtour on site and to submit his case in writing. Very often a solution can be found on the spot. myOCtour will not entertain any demands for grievances that could have been dealt with at the time when they occurred at a later stage.
10. CONTRACTED SERVICES
myOCtour will not be responsible for any additional services contracted by myOCtour at the express wish of the client. This includes transfers, excursions, etc for which the client pays the local provider directly.
11. PREMATURE DEPARTURE
In case the client commences the trip but is not able to complete it for reasons of his own and not due to a non-fulfilment of the trip by myOCtour, no refund can be made for any of the unavailed services. Any resulting costs incurred by the premature departure are to be borne by the client.
12. TRAVEL INSURANCE
myOCtour recommends clients to take out cancellation insurance. No insurance is included in the trip package. It can be contracted at the time of booking from your travel agent. Clients are strongly urged to have adequate personal travel, health and theft insurance cover.
myOCtour accepts responsibility, but not for personal injury, for damages within the extent of the trip price, provided the damages were not caused by the participant.
13.2. Liability exclusion
myOCtour shall assume no liability in the event of :
a) non-fulfilment of a contract due to negligence by client;
b) circumstances precipitated by "forces majeures" (see 6);
c) program delays and changes due to timetable changes of air, train, bus, ship transportation providers;
d) loss of personal effects, cash, valuables, photographic equipment, etc.
e) loss, theft, damage or abuse of credit cards and travellers cheques.
13.3. Liability for increased risk
Active holidays are usually connected with a higher level of risk. myOCtour is not in any way responsible for any accidents that may occur. myOCtour expects clients to be aware of the nature of trips they book and to assume their own responsibility for choosing such a trip. Helmets should be worn on cycling, skating and mountain bike trips; on hiking trips sturdy hiking boots are a requirement. myOCtour is not in any way responsible for any accidents that may occur as a consequence of any swimming or snorkeling activity during the tour. For the canoe or boat trips in this catalogue full responsibility rests with the outfitter of the given trip.
14. CLIENT COOPERATION
The client is obliged to cooperate positively and actively in the case of program disruptions or other unforeseen service alterations in order to prevent, or at least to minimise possible damages.
15. EXCLUSION OF LATE CLAIMS
Claims made in respect of non-fulfilment or shortcomings of the contractual services must be submitted in writing to myOCtour within 10 days of the contracted end of the trip. Claims which are received later than 10 days after the contracted end of the trip will not be accepted by myOCtour, unless the client can prove that he was in no way responsible for the delay in the claim.
16. GOVERNING LAW
The agreements between the client and myOCtour are governed by Australian law. In the event of legal dispute or proceedings against myOCtour, the city of Perth (WA, Australia) will be the sole place of jurisdiction.
17. TOUR OPERATOR
31B Coppito Circle
Beeliar WA 6164