Booking Form

To join one of our trips, please complete this form and return it to Thor Travel, together with a non-refundable deposit. On receipt of the form, we will send you a confirmation kit covering all aspects of your selected adventure(s). Please check the specific trip notes regarding varied deposit amounts or final payment deadlines.

Participant 1

Name as per your passport details

Emergency Contact Details (cannot be your travel companion)

Airline Loyalty Programme Details

Airline seating preference

Preferred Class of Travel

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Travel Insurance

All clients are reminded travel insurance is strongly recommended by Thor Travel and Australia’s Department of Foreign Affairs and Trade for all overseas and domestic travel.

Would you like Thor Travel to arrange Travel Insurance for you?

If you already have insurance in place please provide details

Notes

I/We confirm that I/We have read, understood and accept the terms and conditions of contract accompanying this booking and the obligations set out in Thor Travels Terms and conditions. particularly those relating to the release and waiver of liability.

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Booking Terms and Conditions

1. Interpretation

1.1. “Agreement” means these Booking Terms and Conditions;

1.2. “Client” means the person entering into this Agreement with Thor Travel and includes any person(s) accompanying the Client;

1.3. “Final Invoice” means the final invoice issued by Thor Travel once the Itinerary has been confirmed by the Client;

1.4. “Itinerary” means the bookings made by Thor Travel on behalf of the Client and all bookings if more than one (1) is made. The Itinerary may be amended as agreed in writing between Thor Travel and the Client;

1.5. “Loss” means all liabilities, damages, remedies, losses, penalties, fines, costs, expenses (including reasonable legal fees and expenses), demands, claims and proceedings of any nature including but not limited to indirect and consequential loss;

1.6. “Third Party Operator” means any third party that provides a service and/or product to the Client under or in accordance with this Agreement;

1.7. “Thor Travel” means Thor Adventure Travel Pty Ltd (ABN 85 008 145 480) trading as Thor Travel;

1.8. “Total Booking Amount” means the total of all fees payable to Third Party Operators and to Thor Travel (excluding any amendment or cancellation fees) as specified in the Final Invoice or as otherwise agreed in writing and includes GST for any domestic bookings;

1.9. Any reference to dollars ($) is a reference to Australian Dollars (AUD).

2. Securing bookings and pricing

2.1. The Client understands and expressly agrees that:

2.1.1. some bookings including without limitation airline bookings require payment in full in order for the booking to be secured and confirmed.
2.1.2. until a booking has been secured with payment, the price quoted by Thor Travel is subject to change and is only guaranteed once full payment has been received by the Third-Party Operator.
2.1.3. Changes to the price(s) quoted by Thor Travel may occur as a result of various matters outside Thor Travel’s control.

2.2. Thor Travel will require the Client to provide their personal details in order to make and/or secure a booking. To the extent permitted by law, Thor Travel is not liable for any Loss and/or damage suffered by the Client as a result of the Client failing to provide information requested by Thor Travel in a timely manner, or providing false, incorrect or misleading information to Thor Travel.

2.3. Special requests such as but not limited to airline seating preferences, special meals, non-smoking rooms, bedding configurations, any other accommodation requests and cruise cabin locations are granted at the sole discretion of the relevant Third Party Operator. Whilst Thor Travel will notify the Third Party Operator of the Client’s special request(s), Thor Travel does not provide any guarantee that any such requests will be met.

2.4. The Client acknowledges and expressly agrees that it has read, understood and agreed to any terms and conditions, agreement or contract of all Third Party Operators engaged to provide services under or in accordance with this Agreement.

3. Redeemable quotation fee – airfares

3.1. The Client will pay to Thor Travel a redeemable quotation fee when requested by Thor Travel using the payment methods available at the time that payment is requested.

3.1.1. For domestic airfare bookings, a redeemable quotation fee of $55.00 (inclusive of GST) per person for each airfare booking (return or one way) is payable by the Client to Thor Travel.

3.1.2. For international airfare bookings, a redeemable quotation fee of $100.00 (inclusive of GST) per person for each airfare booking (return or one way) is payable by the Client to Thor Travel.

3.2. In the event that the Client does not proceed with any bookings (domestic or international), then the Client will forfeit the redeemable quotation fee to Thor Travel to compensate Thor Travel for the time expended by Thor Travel in providing the quotation to the Client.

3.3. In the event that the Client decides to proceed with any quotation provided by Thor Travel, then the redeemable quotation fee will be deducted from the Total Booking Amount.

4. Payment

4.1. Total Booking Amount

4.1.1. The Total Booking Amount will be payable using the methods available as advised by Thor Travel at the relevant time.

4.1.2. In the event that the Total Booking Amount is not paid by the Client in the timeframe requested by Thor Travel, then the client acknowledges that bookings may not be secured, and that to the extent permitted by law, Thor Travel is not liable for any Loss and/or damage suffered by the Client.

4.2. Payment to third parties on Client’s behalf

4.2.1. The Client may be requested by Thor Travel from time to time to deposit funds into their trust account to be held on the client’s behalf in order to make payment to Third Party Operators to secure a booking in accordance with clause 2 of this Agreement.

5. Taxes

5.1. The Client understands and agrees that:

5.1.1. GST is payable in addition to any fees payable in connection with domestic travel;
5.1.2. additional taxes, levies or charges imposed by other countries may also be payable by the Client in addition to any amounts paid to Thor Travel or a Third Party Operator. Any such additional taxes, levies or charges imposed are outside the control of Thor Travel and the Client will be wholly responsible for payment.
5.1.3. Foreign currency exchange rates may be applied in relation to any such taxes, levies or charges imposed.

5.2. In this clause GST has the meaning set out in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6. Frequent flyer and loyalty programs

6.1. The Client is wholly responsible for ensuring that they have provided Thor Travel with their frequent flyer, loyalty program, hotel and/or cruise line membership details in writing prior to any booking being made on the Client’s behalf.

6.2. Thor Travel does not guarantee in any way whatsoever that any of the Client’s memberships and/or programs referred to in clause 6.1 will be credited with any points or provide the Client with any particular benefit including and without limitation status credits or lounge access.

6.3. To the extent permitted by law, Thor Travel will not be liable for any Loss and/or damage suffered by the Client if any points and/or benefit is not credited to the Client.

7. Travel Insurance

7.1. Thor Travel strongly recommends that the client arrange appropriate travel insurance as soon as any kind of domestic and/or international booking has been made.

7.2. Thor Travel may assist with arranging a travel insurance policy at the Client’s request.

7.3. In the event that Thor Travel arranges travel insurance for the Client:

7.3.1. Thor Travel is an authorized agent of any insurance company or insurance policy underwriter;

7.3.2. The Client must ensure that the insurance policy selected is adequate for their travel needs;

7.3.3. The Client must provide Thor Travel with accurate, truthful, and up-to-date information in relation to any pre-existing medical condition. Thor Travel will not be held liable for any Loss and/or damage suffered by the Client including but not limited any claim that is rejected by the insurer because inaccurate, false, misleading, or outdated information was provided by the Client to Thor Travel; and

7.3.4. The Client is wholly responsible for ensuring that all premiums are paid.

7.4. In the event that the Client does not arrange travel insurance with Thor Travel then the Client may be requested to produce evidence of such insurance having been arranged by the Client.

7.5. In the event that the Client does not arrange travel insurance at all, then the Client will be required to acknowledge in writing that Thor Travel has recommended that the Client obtain travel insurance.

8. Travel Documents and visas

8.1. The Client acknowledges and agrees that they are wholly responsible for:

8.1.1. ensuring that they have arranged and obtained the correct visas and/or entry permits required for the entire length of their travels;

8.1.2. ensuring that the details contained in or on all travel documents are accurate and correct;

8.1.3. ensuring that their passport will meet the entry requirements of any overseas destinations. For example, some countries require that the traveller’s passport is valid for a certain period of time from the scheduled date of return to Australia to be able to enter the country.

8.2. The Client is wholly responsible for reviewing their travel documentation and to advise Thor Travel immediately of any errors in names, dates, or timings.

10. Changes and Cancellation

10.1. The Client is wholly responsible for notifying Thor Travel as soon as practicable of any required changes to their Itinerary in writing.

10.2. Thor Travel does not provide any guarantee whatsoever that any change requested by the Client will be accepted by any Third Party Operator.

10.3. Fees for changes and cancellation:

10.3.1. In the event that a client wishes to amend or cancel a confirmed booking, then Thor Travel reserves the right to charge an amendment fee of $200.00 (inclusive of GST) per person for each amendment or cancellation requested.
10.3.2. In addition to any amendment or cancellation fee imposed by Thor Travel, a Third Party Operator may also charge the Client a fee(s) as a result of any amendment required, cancellation, or default (also known as ‘no show’) of a booking. The Client is wholly liable for payment of any fees charged.

11. Limitation of Liability

11.1. Except as provided in this Agreement, all express and implied warranties, guarantees, and conditions under statute or general law as to merchantability, description, quality, suitability, or fitness of Thor Travel’s services for any purpose or otherwise are expressly excluded to the extent permitted by law. Without limitation, Thor Travel will not be liable under any circumstances for:

11.1.1. any accidental, special, indirect, or consequential Loss, that is, Loss beyond a normal measure of Loss;
11.1.2. any Loss of profits, anticipated or otherwise;
11.1.3. any Loss in revenue, gain, or benefit;
11.1.4. any Loss of business opportunity;
11.1.5. any Loss arising from failure of Thor Travel’s services;
11.1.6. any damage to business goodwill arising from the provision of Thor Travel’s services; or
11.1.7. any interruption to the Client’s business, that is suffered by the Client or any third party.

11.2. The parties acknowledge and agree that if a court determines that the liability exclusions described in clauses 11.1.1 to 11.1.7 (inclusive) are invalid for any reason, that Thor Travel’s total Liability for the circumstances described in clauses 11.1.1 to 11.1.7 (inclusive) will not exceed the Total Booking Amount or any other amount paid or incurred under or in accordance with this Agreement.

11.3. Thor Travel will not be liable to the Client for any Loss or damage of any kind sustained by the Client as a consequence of a breach of Thor Travel’s obligations under this Agreement unless any Loss is caused by Thor Travel’s gross negligence or willful misconduct.

11.4. In this Agreement “Liability” means all liabilities, damages, remedies, losses, penalties, fines, costs, expenses (including reasonable legal fees and expenses), demands, claims, and proceedings of any nature.

12. Indemnities and Release

12.1. The Client will indemnify Thor Travel for any Loss and/or damage suffered or incurred by Thor Travel arising out of or as a direct consequence of the performance or non-performance of this Agreement by the Client, except to the extent that such Loss is attributable to the gross negligence or willful misconduct of Thor Travel, or Thor Travel’s personnel (other than the Client).

12.2. Release

12.2.1. The Client acknowledges that the Client undertakes to perform the Client’s obligations under this Agreement at the Client’s own risk and releases, to the extent permitted by law but subject to the expressed terms of this clause 12, Thor Travel from all claims that the Client would have or would otherwise be entitled to bring against Thor Travel (whether in contract, tort, pursuant to any statute, or otherwise) in respect of any personal injury, death, or loss of or damage to any real or personal property that arises out of or in connection with this Agreement.

13. Insolvency of Third Party Operator

13.1. The Client acknowledges and expressly agrees that Thor Travel is not liable for any Loss and/or damage suffered by the Client as a result of a Third Party Operator becoming insolvent or otherwise not being able to meet their obligations owed to the Client.

13.2. In the event that a Third Party Operator becomes insolvent or is otherwise placed under administration, the Client must make any claim directly against the Third Party Operator and not Thor Travel.

14. Applicable Law

The law for the time being prevailing in the State of South Australia will govern this Agreement in all respects, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state or territory and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.

15. Waiver

The fact that either party does not, on a default by the other party or any authorized person in respect of any of the terms of this Agreement, exercise any rights or remedies to which it is entitled, will not be construed or operate in any way as a waiver of any such rights or remedies.

16. Severability

Each clause in this Agreement is severable from the others, and if one or more is found to be unenforceable, this will not affect the validity of the others or any of them.

17. Dispute Resolution

17.1. If a dispute arises between the parties under or in connection with this Agreement or otherwise, the parties must meet and use their reasonable endeavors to resolve that dispute by negotiation or otherwise before commencing legal proceedings.

17.2. The parties will be deemed to have used their reasonable endeavors to resolve a dispute if they have met to discuss the dispute and have failed to resolve it within fourteen (14) business days of that meeting.

17.3. Nothing in this clause 17 will preclude either party from seeking an urgent interim interlocutory injunction in cases of genuine urgency.

18. Force Majeure Event

18.1. A party will not be responsible for failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavors to rectify the situation.

18.2. Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.

18.3. In this clause, “Force Majeure Event” means any event beyond the control of the relevant party.

19. Contact us

Further inquiries and correspondence should be addressed to Thor Travel, 22-32 Frome Street, Adelaide, SA 5000, or emailed to travel@thorworldtravel.com.

20. Acceptance of this Agreement

Acceptance by Client – all travellers must accept and agree with the terms and conditions.