Terms and Conditions
Please take the time to read and understand the terms and conditions of booking set out below prior to booking a tour or travel service with Mint Tours.
An update to all our travellers about the impact of coronavirus.
This global health crisis has impacted everyone enormously, so we want to make sure your future travel plans are safe and reassure you that we are committed to supporting our customers in the best way that we can.
If you are booked on a tour that has been cancelled due to the pandemic, or borders are closed to the country where the tour is based, you will have the option to receive a refund of monies paid or take a travel credit of 100% of monies paid. These options exclude flights and insurance as they will have their own booking conditions.
All bookings are made with Mint Tours Pty Ltd (ABN 39 141 725 635) acting as the tour operator and sales agent for the services and products to be supplied by principals.
What we supply to you is the arranging and co-ordinating of your travel, accommodation, entertainment, activities, including guiding, and ancillary services and the making of bookings, and issuing tickets and vouchers to be redeemed by suppliers.
Accordingly, all tickets, vouchers, coupons and other service orders are issued subject not only to the general terms and conditions applying to our transactions but also upon those terms and conditions upon which the transportation, accommodation, activities, entertainment, or other services or products are supplied (which constitutes the entire agreement between you and us).
It is the customer’s responsibility to make themselves aware of those other terms and conditions.
When issued by the principal, the principal’s contract shall unless inconsistent with the law of Australia constitute the sole agreement relevant to the supply of that particular service or product and shall be governed by the regulations and by-laws of that principal subject always to the applicable law in the country in which the service or product is supplied.
EXECUTIVE SUMMARY OF KEY TERMS AND CONDITIONS
All bookings are subject to availability. Verbal quotes are regarded as an estimate and prices are only confirmed with a written quote. All written quotes are subject to change at any time.
ACCEPTANCE OF BOOKINGS
Upon accepting your tour / travel quote online via the ‘check box’, and If we accept your booking, we will issue you with a booking confirmation invoice. A contract will exist between you and us from the date we issue you a payment receipt / invoice. Mint Tours and/or its agents reserve the right, without notice, to modify, cancel or withdraw any or the arrangements and in this event the full amounts paid will be returned to the customer, and upon rendering the same, all liability of Mint Tours and/or its agents in respect thereof shall cease. Mint Tours and/or its agents reserve the right to decline to accept or retain any person as a member of any party at any time.
A deposit of 50% per person is payable within 3 days of confirmation of booking, unless otherwise stated. Deposit amounts may vary for selected trips and special campaigns that may be run by us from time to time and will be set out in special conditions upon booking.
For FIT package bookings, the balance (or final payment) is due in full 60 days (Australia, New Zealand) or 60 days (USA, Canada, Europe, Japan) prior to departure. Bookings made within this period must be fully paid upon confirmation.
For tour bookings, the balance (or final payment) is due in full 60 days (Australia, New Zealand) or 90 days (rest of world) prior to departure. Bookings made within this period must be fully paid upon confirmation.
Mint Tours reserves the right to charge late booking fees for any booking made inside of 30 days of departure.
STANDARD CANCELLATION FEES
For FIT package bookings, a cancellation made outside of 90 days will incur a minimum fee of 10% (of total package) per person plus any charges levied by ground operators, hotels, airlines or lift companies. A cancellation made within 90 days before departure will incur a 100% cancellation fee of the total booking amount.
For Tour bookings, a cancellation made outside of 60 days (Australia, New Zealand) or 90 days (rest of world) will incur a minimum fee of 10% (or total tour price) per person plus any charges levied by ground operators, hotels, airlines or lift companies. A cancellation made within 60 days (Australia, New Zealand) or 90 days (rest of world) before departure will incur a 100% cancellation fee of the total booking amount.
Airfares are subject to up to 100% cancellation fee once tickets are issued. Any refunds due cannot be processed until the relevant funds have been returned by suppliers to Mint Tours and Mint Tours cannot be responsible for supplier delays in issuing refunds. Note that airlines can take up to 90 days to process refunds.
Insurance covering cancellation is strongly advised as some cancellation penalties are strict. Refunds will not be given for unused guiding, accommodation, car rental, transfers, ski passes, rentals, lessons and activities.
A charge of $50 will apply for each and every amendment after booking instructions have been received. The charge is in addition to any cancellation fees that may apply.
CREDIT CARD CHARGES
All Australian and European (VISA / MC) credit cards: 1.5% surcharge. All USA credit cards: 3.3%. If cancellations are made, the merchant fee will not be refunded.
PRICES AND SURCHARGES
All rates shown are per person, unless otherwise specified and our tour prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability.
Mint Tours may take out foreign exchange contracts to protect the client and Mint Tours from excessive adverse movements in exchange rates. Therefore, the foreign exchange rate applied to client payments may differ from the current market rate and it is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply as set out above.
We reserve the right to impose surcharges up to 21 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 3 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to a purchase made by credit card.
Please note we may receive fees, commissions, gifts or financial incentives from third parties under this contract.
NOT INCLUDED IN COST OF TOURS OR SERVICES
Cost of passports, and visas where required, items not specified as being included, airport taxes where applicable, laundry, security deposits, telephone calls, food not included on regular menus, ski or equipment hire, lift passes (unless stated), and any other item of a personal nature.
PASSPORTS AND VISAS
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel with is as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
Information relating to your trip. Your booking consultant will advise if differences apply. You are strongly advised to take out cancellation insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services. If you fail to join a trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation terms are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees. Please refer to next section (Liability), which provides more information about your rights under Australian Consumer Law which may apply to your cancellation.
Transfers to a third party or an alternative tour are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees and price adjustments may apply. No amendments are permitted to your booking within 21 days of departure.
It should be understood Mint Tours cannot under any circumstances be held responsible for snow conditions. No holiday or tour can be cancelled, altered or amended by you on the basis of weather conditions.
Cancellation by Mint Tours
Mint Tours reserves the right to cancel any tour before it is confirmed to run. A tour is confirmed to run once it has reached the minimum participants required as defined by Mint Tours. This applies to all tours. Mint Tours reserves the right to cancel any tour prior to departure, including a confirmed tour, due to circumstances beyond our control.
If this occurs, you will be given the option of changing to another tour or receiving a full refund. If you choose an alternative tour and it is at a lower value than your original tour you will be refunded the difference. If the alternative tour is of a higher value, then you will pay the difference in price.
In such circumstances there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Cancellation by Force Majeure
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
Age & Health requirements
Minimum Age: For our trips the minimum age is 18 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Please refer to any Essential Information that relates to your tour.
Additional Terms and Waivers
For additional terms that apply to certain trips, please see the check with your sales consultant or agent. Due to the nature of some of our tours, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/ or a release form to a third-party supplier who is helping to run your trip. To the extent there are any inconsistencies between the terms of these Booking Conditions and the supplemental waiver, the terms of these Booking Conditions shall prevail and supersede any supplemental waiver. We reserve the right to deny participation to You if you have not signed a waiver.
Travel insurance is mandatory for all our travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of USD$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.
Change of itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to your Pre Departure Guide issued 30 days prior to departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances, such as snow and weather conditions, or a Force Majeure Event. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries including but not limited to visas, vaccinations or non-refundable flights.
The accommodations listed on the website are intended to be used on all tour departures; however, if a change becomes necessary for any reason, including additional departures on the same date and/or hotel location changes, the accommodations substituted will be equivalent to those shown. Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples. Please note that accommodation check-in times vary worldwide.
Authority on tour
Our trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
Acceptance of risk
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
Snowboarding, skiing or any adventure activity can involve certain hazards, including sudden weather changes and avalanches. All clients need to realise there is no absolute guarantee of safety. Mint Tours and its contractors maintain the right not to run an activity if the circumstances make the activity too dangerous. Mint Tours and its contractor’s will take all practical steps to minimise risk. However, Mint Tours and its contractors accepts no liability for death, injuries or illness incurred during your trip. Nor do we accept responsibility for any service provided by any other tourist operators.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
Claims and complaints
If you have a complaint about your tour please inform your group leader or our local representative at the time so that they can attempt to rectify the matter.
After returning from your tour, if you wish further inquire about any services provided, please ensure that all correspondence relating to those services is received by Mint Tours (see address below). Any complaint or claim involving the tour services offered on the website must be notified to Mint Tours within 30 days of the tour completion, except where such time limitations are prohibited by law.
As it is difficult and sometimes impossible to properly investigate a complaint if Mint Tours is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause. In the event of a problem or complaint involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the tour participant, Mint Tours must receive the complaint while on the tour or within 30 days of tour completion.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Photographs or Videos
Photographs or videos appearing on the web site should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the web pages may not reflect the actual tour routing should the itinerary change.
All Participants agree to usage of photos and videos taken while on trips with Mint Tours, for the sole promotion of future Mint Tours business. If you do not wish to have your likeness used, we require written confirmation, prior to departure on your trip.
The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Victoria, Australia.
Liability and service guarantee
Our services which include our tours (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law.
“Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.
(Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
(Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:
(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.
(Third parties) We contract with a network of companies, activity providers, accommodation providers, airlines, coach and transfer companies, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms and conditions. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction. We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party. (Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
Assignment and Registered address
We can assign or otherwise transfer any of our rights or obligations under these Booking Conditions, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website).
Mint Tours Pty Ltd
Principle place of business: Level 1, 27 Baines Cres, Torquay VIC Australia 3128
Registered address: Suite 7 Level 2, 66 Victor Crescent, Narre Warren VIC Australia 3805