TOUR BOOKING CONDITIONS
Please read the following important Booking Conditions. The following Booking Conditions form the basis of your contract with Waving the Flag. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, "you" means all persons named on the booking (including anyone who is added or substituted at a later date). "We" means Waving the Flag.
1 - The goods and services sold by Waving The Flag are sold on the basis of all the Booking Conditions appearing in this document.
2 - You may book by filling in the on-line booking form only. Verbal, or email bookings will not be accepted. If making a group booking the first person on the booking will be treated as the party leader. The party leader must be at least 18 years of age and must be authorised to make the booking for all persons named on the booking. All bookings must include valid postal and email addresses. All communication will be sent (via email) to the party leader and not individual party members. The party leader must have an email address, which is checked at least every 48 hours. Party leaders are responsible for organising all payments.
3 - The responsibility of the party leader passes on to each person named on the booking and the party leader and each person named agrees that they have read and understand these Booking Conditions.
4 - On receipt of the booking form, we will, subject to availability, confirm your tour by issuing a confirmation notice. Please check this notice carefully and contact us immediately upon receipt if any information on the confirmation notice appears to be incorrect as it may not be possible to make any changes more than seven days after receipt of the confirmation notice (see paragraph  below). Print this notice and keep for your records.
5 - We reserve the right to correct errors in both quoted and confirmed prices. Because of unforeseen fluctuations in international money markets, costs quoted by local suppliers or the availability of some accommodation or day tours, we may be required to increase the costs payable for your tour. We will notify you as soon as we become aware of any error or fluctuation that has increased the total cost of your booking. You are not entitled to cancel your booking in the case of any fluctuations unless the cost of the tour increases by more than 5% of the quoted price. Waving The Flag's prices are calculated with the view to providing the most cost effective way for you to travel overseas and support the Australia Cricket Team. For this reason, we are not able to absorb significant price changes and we must pass those changes to you.
6 - All accommodation is booked (and paid by you as included in your tour cost) for the Eight or Seven (8 or 7) nights as promoted, per test match, regardless of your arrival or departure.
7 - All Tours will be quoted in AUSTRALIAN DOLLAR (Aud$) and BRITISH POUND STERLING (GBP£). Payments will only be accepted in Aud$ or GBP£ by direct payment (internet transfer) into either UK or Australian Bank Accounts, or through a secure PayPal gateway using your VISA or MASTERCARD credit card or debit cards.
8 - We are not responsible for any foreign currency rate calculated, or any foreign conversion charge, or any transfer debit your bank may charge as a result of this payment.
9 - Bank Account details will be provided with your Tour Confirmation.
10 - Bookings and names on the booking cannot be transferred. The cancellation charges set out below will be payable by the person named on a confirmation notice who does not travel or in default by the party leader.
10.1 - For all bookings received before the official schedule has been released you are free to change your booking (i.e. selected games, but not names) to suit the schedule. Cancellation policies still apply.
11 - Waving The Flag's official departure date is MONDAY FEBRUARY 27, 2012. Cancellation policies are all referable to this date.
12 - If your entire party or any individual named on the confirmation notice wish to cancel, the party leader must immediately advise Waving The Flag by email. Confirmation of cancellation will be forwarded via email on receipt within 24-hours.
13 - The following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the 'total cost payable' as disclosed in the confirmation notice to Waving The Flag by the person(s) cancelling.
14 - Period before (not including) Monday February 27, 2012 (GMT) within which written notification of cancellation is received by Waving The Flag, the cancellation charge per person will be:
15 - You acknowledge that occasionally, for reasons beyond our control we may have to make a 'significant change' such as using accommodation of a lower standard, or in a different area than was noted in your confirmation notice, for the whole or a major part of the time of the tour.
16 - If we have to make a significant change or cancel a particular booking, we will notify the party leader by e-mail without delay. If there is time to do so before departure, we will offer you the choice of the following options;
A) Accepting the changed arrangements.
B) Purchasing an alternative tour from us with the difference in tour costs to be paid by you to Waving The Flag or Waving The Flag to you, as the case may be.
C) If clause 5 applies, cancelling your tour in which case you will receive a full refund of all monies you have paid to us.
D) If the party leader has not responded to our email within 48 hours of the email being sent, we will assume that you have accepted the changed arrangements.
17 - Very rarely, we may be forced by "Force Majeure" to change or terminate your tour.
18 - "Force Majeure" means any event which we, or the supplier of the service(s) in question, could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control, including the cancellation or date change of the scheduled cricket tour by cricket authorities.
19 - We consider adequate travel insurance to be essential regardless of the destination. Please discuss your insurance requirements with a registered travel agent, or appropriate insurance agent at the time of booking your international flights. Purchase of travel insurance remains a decision for you to make. Please read the policy details of an insurance product you chose carefully. It is your responsibility to ensure the insurance cover you purchase is adequate for your particular needs.
20 - 'Force Majeure' events are extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain refunds from the suppliers of goods and services), or to pay you any compensation or meet any costs or expenses you incur as a result of cancellation.
21 - You must review the terms of your own travel insurance in relation to 'Force Majeure'. In certain circumstances a refund may be possible from your travel insurer. This is not a matter for Waving the Flag.
22 - You may be able to reclaim any cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
23 - When you tour with Waving The Flag, you are representing Australia abroad and we ask that you maintain good sporting relations at all times. Offensive physical and/or verbal behaviour towards opposition supporters, players, the general public, or fellow group members, whether at any time whilst on tour will not be tolerated and may result in your exclusion from the remainder of the tour.
24 - You acknowledge that we have no control over your actions and conduct whilst on the tour (other than to enforce the terms and conditions of this document).
25 - You accept responsibility for all your actions, and any damage, or loss, caused by you or by any member of your party to any person or property. Full payment for any such damage, injury or loss must be acknowledged and for property damage paid at the time direct to the property owner.
26 - You will be responsible for meeting claims (including legal costs) subsequently made against us as a result of your actions.
27 - We expect everyone to have consideration for other people and if in our opinion you or any member of your party behaves in such a way as to cause or be likely to cause danger, injury, annoyance, or distress to any third party or damage to property, we are entitled, without prior notice, to terminate your tour or the tour of the person(s) concerned.
28 - No refunds apply as a result of the termination of a tour pursuant to clauses 23, 25, 26 and 27.
29 - Waving The Flag is not a travel agency and cannot by law book for you any flights, or one-way domestic land travel within any country, including Australia. We recommend you direct all such enquiries to an ATOL registered travel agency of your choice. When you enter into this agreement with Waving The Flag, we will arrange for you, at your direct request, the items listed in paragraph 31 below. Upon receipt of payment from you, we will pay, on your behalf, for those items and we will negotiate and arrange, as best we can, to ensure that you receive what you have paid for.
30 - In the event that you require any further assistance from Waving The Flag while on tour, we will endeavour to assist you as best we can. Waving The Flag is not an organisation responsible for arranging your holiday or your activities generally. Subject to which tour option you have taken, Waving The Flag facilitates the organisation of your accommodation and/or your attendance at the cricket or other organised day tours and other ancillary items as specified.
31a - Waving The Flag will arrange, on your behalf, at your request on your 'hotel included' booking form and confirmed to you on your confirmation notice the following, (described in these Booking Conditions as 'goods and services):
31b - Waving The Flag will arrange, on your behalf, at your request on your 'Ticket & Party Only' booking form and confirmed to you on your confirmation notice the following, (described in these Booking Conditions as 'goods and services):
32 - You acknowledge that Waving The Flag does not provide to you any other items apart from those listed above in 31a & 31b as applicable to your booking.
33 - You acknowledge that you are responsible for all other aspects of your trip to the West Indies.
34 - In the unlikely event you have any reason to complain or experience any problems with your tour whilst away, please let Waving The Flag know without delay. Most problems can be dealt with quickly, but until we know about a problem or complaint, we cannot begin to resolve it. In the event of such, we will endeavour to resolve your concern immediately with as little interruption as possible to the enjoyment of your tour.
35 - In the advent of there being a problem with the hotel or room please discuss this with the proprietor first as it is likely the hotel will be able to resolve this issue. If you cannot reach satisfaction, we will endeavour to assist.
36 - You acknowledge that it is your responsibility to ensure you are in possession of all necessary and valid travel documents and that you are in a state of health (including appropriate vaccinations) appropriate or desirable for travel to the West Indies before departure.
37 - Please consult your doctor in regards to vaccinations, and your travel agent regarding entry visas and other matters required for the West Indies.
38 - We do not accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct and valid travel or other documentation or are otherwise detained by immigration authorities while on route or on tour.
39 - You acknowledge that often, the safety and health standards and requirements of other countries and destinations will not be the same and may be inferior to those of your home country.
40 - You should enquire about local issues and conditions in the country you visit prior to travel. We make no representations as to the safety, conditions, health standards or other environmental issues that may exist in the country in which the tour takes place. Travel advice can be obtained through the website of THE DEPT. OF FOREIGN AFFAIRS AND TRADE - SMARTRAVELLER
41 - A printed copy of these Booking Conditions will be available for your perusal if required throughout the duration of the tour.
42 - Waving The Flag knows that you care how information about you is used and shared.
43 - Information about you is an important part of our business. We are not in the business of selling any information provided by you to others.
44 - We will not provide any information that you provide to us to any other third party other than is necessary to provide the goods and services you have paid for (like accommodation). We do not accept payments by credit or charge card or by cheque from you and accordingly there will be no personal financial information held by Waving The Flag or obtained by Waving The Flag.
45 - If you have not provided to us your email address previously, then your email address will be retained on our systems for the purpose of providing to you the Flag newsletter, emails relating to future cricket events and tours and future cricket matches. If you do not wish to receive such information, you are able to inform Waving The Flag by either emailing Waving The Flag or unsubscribe to any emails received by you from Waving The Flag.
46 - The details you provide to us when booking for this tour will be retained by Waving The Flag.
47 - You acknowledge that there is no other purpose for which you have made the booking, other than participate in the tour to support the Australia cricket team.
48 - You acknowledge and agree that this document sets out the entirety of the terms and conditions to apply between you and Waving The Flag. No representations or warranties by any party have been made other than those described in the term and conditions, and on your booking confirmation.
49 - You indemnify, and on a continuing basis, Waving The Flag from and against any liability, loss, claim, proceeding, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation, statement, conduct, action or inaction made by you or on your behalf, whilst on tour in respect of any of the goods or services provided to you at your request. This indemnity survives termination of this agreement by either party for any reason.
50 - These terms and conditions supercede and exclude all prior and other discussions, or representations (contractual or otherwise) and arrangements relating to the supply of the goods and services or any part of the goods and services including, but without limiting, the generality of the foregoing, those relating to the performance of the goods and services or any part of the goods and services.