Booking Terms and Conditions

BOOKING TERMS & CONDITIONS 

These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements 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.

We act as agent for the principal operators of some of the travel arrangements we sell. Where we act as agent, your contract will be with the principal operator. The principal operator’s booking conditions (including their cancellation and amendment terms) will apply to the travel arrangements and these Booking Conditions will apply only apply where appropriate or where indicated by the context. We will advise you prior to confirming your booking if we are acting as agent and we will confirm the details of the principal operator.

“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Festigo” means Festigo Travel (ABN 30 703 517 716)

BOOKINGS

A booking request is accepted when we issue a written booking confirmation and you have paid your deposit. 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. 

SERVICES

We begin providing services to you immediately upon accepting your booking. This includes substantial work performed prior to your travel, such as arranging and coordinating your travel plans. Additionally, you benefit from the preparatory work we undertake in anticipation of bookings. 

Principal Sales 

Where we sell travel arrangements to you as principal, the services we provide to you are limited to: (a) the arrangement and coordination of delivery of travel services to be delivered by independent suppliers; and (b) the delivery of services we directly control, own or operate.

Agency Sales 

Where we facilitate the sale of travel arrangements to you as agent for the principal, the services we provide to you are limited to arranging for you to contract with the principal for the supply of those travel arrangements.   

PRICES & EXCLUSIONS 

Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price is for the inclusions specified in 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. 

PRICE VARIATIONS  

We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges. 

We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation. 

PAYMENTS

A deposit or full payment (as stated on our website for the particular product or as otherwise notified by us on your booking confirmation invoice) is required to secure your booking. Please note that we may not hold any services for you until we receive the required payment, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable. 

If you fail to make a balance or instalment payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking. 

CANCELLATIONS BY YOU 

You may cancel your booking by giving written notice to us. All payments are non-refundable, reflecting the significant costs incurred or committed to by us in preparing and arranging your travel. 

We appreciate that circumstance can change and we allow name changes on bookings up to 45 days prior to the commencement of the tour. Name changes are subject to: (a) payment of an administration fee of $100 per person; (b) payment of any additional charges imposed by suppliers; and (c) and the transferee agreeing to be bound by these Booking Conditions. 

We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks as soon as you have paid a deposit. You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests.

CANCELLATIONS BY US

If we cancel your travel arrangements for reasons other than Force Majeure or a failure to satisfy minimum numbers, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate. To the fullest extent permitted by law, we will not be responsible any other travel arrangements affected by, any other expenses or loss you incur resulting from cancellation in these circumstances. 

MINIMUM NUMBERS 

Some trips are based on a minimum number of passengers travelling. We will advise you prior to confirming your booking if this is the case. If a trip fails to satisfy minimum numbers, the trip may be cancelled or re-costed. We will give you notice no later than 45 days prior to the trip’s commencement. If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us. If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements.

We will not be responsible for any other travel arrangements affected by, any other expenses or loss you incur resulting from cancellation in these circumstances. 

FORCE MAJEURE 

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 (the events in (d) being “Government Restrictions”)).

Force Majeure – Prior to travel 

If:

• in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your travel arrangements cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or 

• you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due to Government Restrictions (for example due to border closures) 

then we may:

• reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or 

• cancel your travel arrangements, in which case our contract with you will terminate. 

If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:

• issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 24 months of issue against any travel services offered by us; or 
• refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred or payable by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund. 

Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined. 

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 recovered third party costs plus any third party costs we don’t incur for cancelled travel arrangements only. 

Force Majeure – General 

Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you. 

We will not be responsible for any other loss or costs you incur in connection with your booking (for example, airfares, insurance and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.  

If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure which you accept, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.

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 $100 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.

AMENDMENTS BY US

Prior to travel

Due to the dynamic nature of the travel industry, we may occasionally need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your itinerary or its inclusions that materially detract from the overall value of the trip (where we determine it can still proceed), then we will notify you within a reasonable time and refund you an amount attributable to any reduction in value determined by us acting reasonably.

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. 

General

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; and

• 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.  

FESTIVAL AMENDMENTS & CANCELLATIONS 

Where attendance at a Festival is included in your trip you acknowledge and agree that: 

• we have no control over the Festival and we do not have any and cannot accept any liability for the actions or omissions of the organisers or operators of the Festival or their servants, agents, or employees; and 
• the curtailment, postponement or cancellation of the Festival will not be considered the cancellation of travel arrangements by us. 

To the full extent permitted by law, we will not be liable for any direct or consequential loss, damage or expense caused by the curtailment, postponement, or cancellation of the Festival. We give no warranties that the Festival will take place at the time or place stipulated, or at all. We will not be liable to provide any refund or for any other losses you incur if the Festival is curtailed, postponed, or cancelled.

FESTIVAL TICKET CONDITIONS 

• Any ticket purchased and the ticket holder’s admission to and presence at the Festival is subject to these Booking Conditions and subject to any terms, conditions and limitations of liability imposed by the owners or operators of the Festival and/or venue for which tickets are sold.
• We are not obliged to replace a ticket under any circumstance, including but not limited to loss or theft. Any ticket that has been lost, stolen, or misplaced before or during an Festival that can be replaced, will incur a fee of $200 per person, per ticket in addition to any fees imposed by service providers.
• Tickets will not be refunded under circumstances including but not limited to, the non-appearance of any particular person, group or personality whether advertised or not, denial of access to a venue by the Festival organiser, any adverse weather conditions or any circumstances beyond the reasonable control of the Festival organiser.
• Tickets may not be advertised for resale or otherwise commercially dealt with. If a ticket has been dealt with in contravention of this condition, the bearer of the ticket may be denied admission.
• For many Festivals, tickets are sourced under license from the Festival organiser and may include administration, royalties or distribution fees over and above the face value of the ticket. This is to enable us to source tickets under license. 

DENIED ADMISSION OR SERVICES 

You acknowledge that event tickets, credentials, transport, lodging accommodations and activities provided by third party suppliers are supplied subject to your compliance with the terms and conditions of those suppliers. Please contact us if you would like a copy of third party terms and conditions. We will not be liable for any refusal by a third-party supplier to provide any element of the booking to you that results from your failure to comply with any third-party terms other than in circumstances where our actions or omissions have caused you to breach those third party terms.

CONDUCT 

When joining a group trip, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens the safety of others on the trip or significantly disrupts their enjoyment, the trip leader may, acting reasonably, remove you from the trip. 

The possession, transportation, or use of illegal substances is strictly prohibited on all trips. Any customer found to be carrying, using, or under the influence of illegal substances will be subject to immediate removal from the trip. 

If you are removed from the trip, you will have no right to a refund for any portion of the trip or associated costs, and you will be responsible for any additional expenses incurred as a result of your removal.

UNUSED SERVICES 

No refunds will be made for of any travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.

CLIENT NAMES – EXACTLY AS PER PASSPORT

For security reasons, airlines and our overseas suppliers require 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 own reasonable administration fees.

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 and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time. 

ACCOMMODATION 

Due to the dynamic nature of the travel industry, we may need to substitute hotels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. You acknowledge that these substitutions will not be considered a significant change. 

VACCINATIONS, HEALTH, FITNESS & DIETARY REQUIREMENTS 

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.

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 have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request. 

Special dietary requests are required to be notified to us within 7 days after we confirm your booking. We will endeavour to communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. To the fullest extent permitted by law, we expressly disclaim any liability for meals or beverages that contain allergens.

INDEPENDENT SERVICES

We are not responsible for any additional activities or excursions which are not included in the booked itinerary. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.  

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 from visiting 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 inherent personal risks associated with your travel.

RESPONSIBILITY

Where we sell travel arrangements as agent for the principal supplier 

We will tell you if we are selling travel arrangements as agent for the principal operator. Where we sell travel arrangements as agent for the principal operator, you agree that our responsibility to you is limited to arranging for you to contract with the principal operator for the supply of those arrangements. You agree that you will be subject to the principal operator’s booking conditions, and that any claim in connection with the supply (or failure to supply) the travel arrangements must be made directly against the principal operator. Festigo will in no way be responsible for the actions or failures of the principal operator or any person engaged by the principal operator. You warrant that you will not bring a claim against us in this regard. 

Please note that we may receive commissions or other financial incentives in connection with the travel related services we sell that are supplied by third parties. 

Where we sell travel arrangements as principal supplier

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 could include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), festival organisers, attraction and venue operators 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 and not caused by our negligence.  Any claims you have in this regard must be made against the Independent Supplier.  

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 contractors (where we have direct control over them) 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.

Recreational services 

If we supply any recreational services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. 

This exclusion does not apply to significant personal injury caused by our reckless conduct. 

Recreational services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in: 

(a) a sporting activity or similar leisure time 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 

We do not guarantee any schedule. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays. 

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 guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees. 

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. 

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 as soon as possible. This is so 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, please follow this up in writing within 30 days from the end of your travel arrangements. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). 

If you fail to follow this procedure, this may limit your rights to make a claim.

IMAGE RELEASE

We or our suppliers may take photographs or make recordings of you and your activities that identify you during your trip. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us as least 21 days prior to the commencement of your trip. 

DEEMED ACCEPTANCE 

If you place a booking on behalf of another party, you represent and promise 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. 

GENERAL

The contract between us and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales. 

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.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published at this URL:

https://festigotravel.com.au/privacy-policy

Updated: 2025-05-19