BEST OF ASIA OVERLAND TERMS AND CONDITIONS

BOOKING CONDITIONS (US$ version) 
This information was published on 15th June 2011 and is valid until 1st January 2014. 

1. TERMS USED

a) The Business is Best Of Asia Overland. Address: Best Of Asia Overland, 119 Warners Road McLaren Vale, 5171, South Australia, Australia. Postal address: PO Box 190, McLaren Vale, 5171, South Australia, Australia.

b) The “Client” is the person or persons listed on the booking form. 
c) A “tour” is any tour, trip or combination of sectors that has its own reference as shown in the Trips section of our website. 
d) “Force majeure” is any situation or event beyond the control of Best Of Asia Overland. This could be an Act of God, war, terrorist activity, civil strife, riot, industrial dispute, natural or industrial disaster, fire, adverse weather or road conditions, bureaucratic obstacles, changes in schedules or mode of transport by ferry companies, airlines, bus or train operators. 
e) “Consolidation” refers to the fact that each tour is dependent on a  minimum number of persons participating. The minimum number varies and depends on the tour, vehicle scheduling and/or time of year. 

2. THE CONTRACT 
a) A contract is made only after Best Of Asia Overland receives a non-refundable deposit of US$500 and a signed booking form and issues the client or their travel agent a confirmation invoice. A contract is made between the Best Of Asia Overland and all those listed on the booking form. The person who signs the booking form does so on behalf of all those listed on it and is responsible for ensuring that all those listed have read the booking conditions and agree to abide by them. 
b) No persons, organisation or employee of Best Of Asia Overland has any authority to vary any of these booking conditions, or any information, itineraries, dates and prices, etc, stated on the website. 
c) Best Of Asia Overland or their agents reserve the right to decline any booking at their discretion. Best Of Asia Overland further reserves the right to cancel any booking at any time at Best Of Asia Overland’s sole discretion in the event that Best Of Asia Overland considers the client to be unsuitable for the tour booked. 
d) The contract including all matters arising from it is subject to Australian law and the exclusive jurisdiction of the Australian courts. 

3. PAYMENTS 
a) If you book your tour more than 60 days before the departure date, you must send a non-refundable deposit of the tour price with your booking form. The balance of the tour fare must be paid not later than 60 days before the departure date of the first tour booked, otherwise Best Of Asia Overland will treat the booking as cancelled by the client(s) and will be subject to the cancellation charges shown below. 
b) If you book your tour less than 60 days before the departure date, you must send the full tour price with your booking form. 

4. CANCELLATIONS 
a) If you cancel your land tour you must inform Best Of Asia Overland in writing. Cancellation charges are calculated on the day written notification is received by Best Of Asia Overland. The table below shows the number of days before the tour departure date that Best Of Asia Overland receives written notification of a cancellation, and the percentage of the total tour fare, including any surcharges that will be imposed on the client as cancellation charges: 
Day’s % charge 
More than 60 days: 10% or $200 whichever is the greater. 
30 to 59 days: 50%. 
Less than 30 days: 100%.
b) Once the tour has started, no refunds will be made under any circumstances for any unused sector(s) or section(s). 
c) Best Of Asia Overland reserves the right to cancel your tour for any reason more than 60 days before the departure date in which case you will be refunded any monies which you have paid to Best Of Asia Overland towards the tour fare but that will be the extent of Best Of Asia Overland’s liability. If Best Of Asia Overland cancels your tour within 60 days of the departure date, you will receive a refund of all monies which you have paid towards the tour fare and compensation as set out in clause 8 c) unless cancellation is for reasons of force majeure or consolidation in which case you will not receive any compensation. Please note, if you fail to pay the balance by the due date, Best Of Asia Overland will cancel your tour and there will be no refund of any monies paid to Best Of Asia Overland. 

5. TRANSFERS AND AMENDMENTS
a) If you want to transfer from one tour to another, you must inform Best Of Asia Overland in writing together with a completed, signed booking form (and increased deposit if necessary) for the trip to which you wish to transfer. If Best Of Asia Overland receives written notification 60 days or more before the departure date of the original tour, an administration charge of $120 per person will be made, plus any other non-recoverable charges or expenses. If Best Of Asia Overland receives written notification less than 60 days before the departure date, all transfers will be treated as cancellations and subject to the scale of cancellation charges shown in clause 4 a). If you subsequently cancel the new tour, cancellation charges will be calculated on whichever tour is of the greater value. 
b) You may only give, sell or in any other way transfer your place to another person under the following circumstances: 
i) Because of personal illness or serious illness of a close family relative, jury service, redundancy or unavoidable work commitments. 
ii) Best Of Asia Overland receives documentary evidence of such reasons, a $120 administration charge plus any other non-recoverable charges or expenses, and a completed and signed booking form from the transferee at least 28 days before the departure date. 
c) Transfers between you and anybody else may not be made less than 28 days before departure. 
d) Any amendment (other than cancellations or transfers) that are made to a booking will incur an amendment fee of up to $50 per person per amendment. 

6. PRICES 
a) Best Of Asia Overland reserves the right to vary prices at any time before the contract has been made and, in the event that it does so, will advise you at the time of booking. 
b) Best Of Asia Overland undertakes not to increase your tour price once the contract has been made, unless it is because of changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, or the exchange rates applied to your particular tour. 
c) In case Best Of Asia Overland is forced to make a surcharge for the reasons set out in c) above, Best Of Asia Overland undertakes to absorb the first additional 2% of such increase. If the increase is more than 10% of the original tour price, the client may cancel the booking and obtain a full refund of any monies paid towards the tour fare provided that the client has notified Best Of Asia Overland in writing within 7 days of the date shown on the amended invoice of the desire to cancel. 
d) Best Of Asia Overland undertakes not to impose any surcharge less than 30 days before the start date of the tour. 

7. ITINERARIES 
a) The itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary, vehicle and equipment use, etc. may be made where deemed necessary or advisable by Best Of Asia Overland. 
b) If any additional expenses are incurred through delays, accidents or disruption of planned itineraries because of force majeure or considered advisable by us, such expenses are to be borne by the client. 
c) The client accepts that force majeure may prevent Best Of Asia Overland from supplying services and/or itineraries as described. 
d) No refund will be made for any unused services which are included in the tour fare. 

8. CHANGES 
a) Best Of Asia Overland reserves the right to alter its descriptions of the facilities and services described on the website at any time before a booking is made although notification of any such changes will be given to clients at the time of booking. 
b) When you have made your contract with Best Of Asia Overland, Best Of Asia Overland will use its best endeavors to ensure that none of the ingredients of your tour arrangements have to be altered. However, you will appreciate that, because arrangements are planned many months in advance and because of the unpredictability of travel in most areas, sometimes changes have to be made. Where a significant change (see 8d) below) is made, you will be informed when you book or, if you have already booked, as soon as possible, if there is time before departure. You may then: 
i) accept the change, or 
ii) book any other available tour from the website (where the price is less, Best Of Asia Overland will pay you the difference but where the price is more you must pay the difference), or 
iii) cancel your booking and receive a full refund of all moneys paid towards the tour price. 
c) If Best Of Asia Overland makes a significant change because of force majeure or consolidation before departure, the Company will be liable to offer the alternatives set out above. If a significant change for any other reason occurs less than 60 days before departure, Best Of Asia Overland will be liable to offer the alternatives set out above and, in addition will offer compensation. The table below shows the number of days you are told before the tour departure date and the compensation payable: 
Days Compensation  
More than 60 days: Nil 
Between 28 and 59 days: $25 
Between 15 and 27 days: $35
Less than15 days: $50 
d) A significant change is considered to be not visiting more than 1 of the countries listed in the tour description. 
e) Best Of Asia Overland reserves the right to use alternative forms of transport and/or vary the itinerary if force majeure, breakdown, accident, sickness, etc. make such a change necessary. 
f) Because of the nature of the areas we travel through, significant changes can and do occur after departure, over which Best Of Asia Overland has no control. Best Of Asia Overland will organise contingency itineraries but cannot be held responsible for compensation or additional expenses. 
g) All other changes are defined as minor changes. Minor changes may occur at any time before or after the tour departure date. While Best Of Asia Overland will make reasonable efforts to inform you of minor changes, it is under no obligation to do so or to pay you any compensation. 

9. COMPLAINTS & CONSUMER PROTECTION 
a) If you have a complaint about your tour, in the first instance you should inform the tour leader so that remedial action can be taken if possible. Otherwise, you must make any complaint within 28 days of the tour finish date. You should write to the office of Best Of Asia Overland as shown in Clause 1a). 

10. RESPONSIBILITY OF BEST OF ASIA OVERLAND
a) All information on our website has been compiled with reasonable care and is published in good faith. It is not issued on behalf of, and does not commit any airline or ferry company whose travel arrangements form part of the tour. In circumstances where the Best Of Asia Overland is acting as an agent only - e.g. when making arrangements locally (i.e. in the course of any tour) it does so on the express condition that it is not liable for any additional expenses, loss, damage, injury or breaches of contract whether negligent or otherwise howsoever caused arising directly or indirectly from the actions or omissions of the supplier or independent parties with whom the arrangements are made. 
b) Subject to Clause 10 c) & 10 d) and Clause 11 below, Best Of Asia Overland accepts liability: 
i) For injury and illness arising from those arrangements that are prearranged before the start date of the tour and are included in the tour price. 
ii) Subject to Clauses 7 and 8, for the arrangements of the tour. 
iii) For the actions of the tour leader while he/she is acting on behalf of Best Of Asia Overland in the pursuit of his/her duties normally associated with running the tour. This does not include personal frolics. 
c) Best Of Asia Overland accepts no liability: 
i) If there has been no fault on the part of Best Of Asia Overland or its suppliers and the cause was your own fault, or the actions of someone unconnected with the provision of your tour which actions were unforeseeable or unavoidable, or unusual and unforeseeable circumstances beyond Best Of Asia Overland’s control, the consequences of which could not have been avoided even with the exercise of all due care or something which Best Of Asia Overland or any supplier of services, even with all due care could not have been foreseen or forestalled. 
ii) In cases of personal liability, injury or death in circumstances when the client has been participating in any activity which does not form part of the original arrangements booked through and contracted with Best Of Asia Overland, even though they may have been supervised, arranged or recommended by Best Of Asia Overland or its representatives. Examples are mountain or rock climbing, trekking, skiing, canoe and rafting trips, bungi jumping, diving, ballooning, cycling, horse/pony riding or any other activities of a risky nature. 
iii) In cases of disease or illness contracted during or after the tour (see Clause 11 c or 11 d). 
iv) For any information or advice given to you by your travel agent unless it has been given to the agent by Best Of Asia Overland. Otherwise, such information and advice is the responsibility of the travel agent. 
v) For your travel agent not giving, or incorrectly giving you advice, information or documents which Best Of Asia Overland has sent or given to your travel agent. 
vi) For any information and advice on visas, travel documents, climate, spending money and other costs, clothing, equipment, etc. All such information and advice has been compiled with reasonable care and is given in good faith but without responsibility on the part of Best Of Asia Overland. 
vii) For your personal belongings while in the sight of yourself or other group members, or while under the care of airlines or airports. 
viii) For any information or handouts given by trip leaders. Such information is given in good faith but without responsibility on the part of Best Of Asia Overland or its local agents. 
d) Compensation for personal injury is limited in accordance with the provisions of any applicable International Conventions. These include, for example, in the course of road travel, air travel, rail travel, sea travel, or hotel accommodation is limited to the provisions of, respectively, the Geneva Convention 1973, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention. 
e) Where Best Of Asia Overland supplies air transportation (either directly or through an agent), its responsibility in respect of air travel is limited to the airlines’ conditions of carriage and the conventions in condition 10 d) The responsibility of the airlines is similarly limited to the carriage of passengers and baggage in accordance with their conditions of carriage and the conventions in booking condition 10 d). Best Of Asia Overland has no responsibility where a flight has not been purchased from Best Of Asia Overland. 
f) Best Of Asia Overland cannot accept any liability for any delay or cancellation in your flight to the joining point of the land tour or returning from the end point of the land tour, whether the delay or cancellation is caused by adverse weather conditions, rescheduling by an airline, airport authority and/or action by air traffic controllers, mechanical breakdown or industrial action. In certain circumstances delayed departure may be covered by the passengers’ travel insurance. 
g) Best Of Asia Overland, its employees and agents accept no responsibility or liability for expenses, inconvenience, loss of enjoyment or anything else caused by non-compliance with any of the Client’s responsibilities listed below. 

11. RESPONSIBILITY OF THE CLIENT 
a) By their very nature, tours in this programme may involve an element of personal risk and potential hazard not normally associated with holiday tours. Clients must accept these attendant risks and hazards. Clients must also accept that safety standards of hoteliers and other suppliers of accommodation, local transport and other operators in most of the countries they visit will not be of the same standard as in their home country. 
b) It is the client’s responsibility to arrange suitable adventure travel insurance with benefits that cover personal accident, medical expenses, repatriation, loss and damage to personal effects. The policy must include a minimum cover of US$1,000,000 for medical and repatriation expenses. In the event that a client does not have suitable travel insurance, they will not be allowed to join the trip. 
c) It is the client’s responsibility to ensure they seek professional medical advice before travelling and to take all necessary health precautions and preventative measures. 
d) It is the client’s responsibility to check their tickets and notify Best Of Asia Overland immediately if there are any mistakes. 
e) It is the client’s own responsibility to comply with all current passport, visa and health requirements. 
f) Clients must give to the tour leader at the beginning of the tour their local payment contribution and/or flight cost as shown in the website and updated if applicable. Failure to do so will be deemed a breach of contract on the part of the client and the client will not be carried on the tour. 
g) Clients must at all times comply with the laws and customs of the countries visited. Best Of Asia Overland has absolute discretion to order a client to leave the tour if they are found contravening such laws and customs, or interfering (or is judged to have the potential to interfere) with the well-being of the group, individual member, members, or  themselves. In such cases, there will be no refund of the tour fare and Best Of Asia Overland accepts no liability for expenses incurred as a result. 
h) Clients are responsible for informing Best Of Asia Overland at the time of booking of any known illnesses, disabilities or medical condition, or, if not known at the time of booking, at the earliest opportunity thereafter prior to the departure of the tour. Any client found to have an undeclared or understated medical condition may be ordered to leave the tour with no refund of the tour fare. 
i) Our crew have authority to make difficult decisions. Should a passenger present a medical condition our tour leader reserves the right to insist that person seek medical advice. If you decline to act upon this advise, you could be putting others on the tour in danger/at risk and may be asked to leave the tour. This extends to physical, mental and behavioural conditions. 
j) Clients must follow the tour joining instructions issued to them. 
k) In booking a tour from this brochure the client acknowledges that they are responsible to make themselves aware through Foreign Office, State Department warnings, advisers and any other sources available to them, in regard to the safety of countries and areas in which they will be travelling and to make their own decisions accordingly. 
l) Clients must be aware that our tour leaders, reps and passengers may take photographs, film footage of our clients while on tour. Best Of Asia Overland reserves the right to use such material for advertising, film or brochure production and other marketing uses (including footage for television) without obtaining further consent. Best Of Asia Overland also reserves the right to use any comments clients make regarding our tours on any questionnaires or letters in future promotional literature. 
m) Clients must reimburse Best Of Asia Overland for any expenses incurred on behalf of the client. 

MEDICAL DECLARATIONS FOR KNOWN MEDICAL CONDITIONS  
If you have a known medical condition, you may need to complete a ‘Medical Declaration Form’ before we can confirm your booking.  Please ask Best Of Asia Overland or your agent for the relevant form. Please also see booking condition 11h). 

DECLARATION 
I have read, understand and agree to the conditions of booking and insurance.  I have read, understand and accept all information on this terms and conditions form, particularly with regard to acceptance of risk, security & Foreign Office advice, type of travel, likely conditions, and what is/is not included in the trip price & local payment.  

I agree to pay the balance not later than 8 weeks before the departure date. I am aware that the contract including all matters arising from it, is subject to Australian law and the exclusive jurisdiction of the Australian Courts and I am over 18 years old.

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