Terms and Conditions

(All Prices in Australian Dollars)

These Booking Conditions set out the terms on which you contract with Australia España Marketing Group Pty Ltd trading as Ibertours Travel (Ibertours). By placing a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions.

These Booking Conditions only apply to travel arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. We reserve the right to change these Booking Conditions at any time prior to you making a booking.

MAKING A BOOKING

A booking request is accepted when we issue a written booking confirmation. It is at this point that a contract between Ibertours and you comes into existence. We reserve the right to decline any booking at our discretion. No employee of Ibertours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.

SERVICES

We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.

PRICING

Prices shown in our brochures were accurate based on prices and exchange rates at the time of printing or publication. We reserve the right to adjust published prices due to currency fluctuations, government charges or increased costs of services at any time. Please enquire with us prior to making a booking request for then current prices.

Please be aware that tour pricing may be based on a number of foreign currencies and the total cost of your trip can only be guaranteed upon final payment. Up until that time Ibertours reserves the right to amend your tour pricing in accordance with negative currency fluctuations and the imposition of new or amended government charges.

NOT INCLUDED IN THE TOUR PRICE

Unless otherwise stated, flights, visas, airport taxes, port taxes, city taxes, security charges, airport transfers, items of a personal nature, laundry, additional beverages and consumables are not included in the tour price.

ADDITIONAL FEES

The following additional fees are payable in addition to the cost of your travel arrangements:

  • A late booking fee of $35.00 per reservation for all bookings made within 14 days prior to departure from Australia;
  • A minimum reservation fee of $30.00 for any booking that consists of less than 3 nights’ accommodation.

    Car Hire, Private Driver Services and Excursions can only be reserved in conjunction with an accommodation package.


PAYMENTS & DUE DATES FOR PAYMENTS

A non-refundable deposit of $500.00 per person is required within seven days of us issuing your booking confirmation. We are not obliged to hold or confirm any services for you until we receive your deposit. If you fail to pay the deposit on time, then we reserve the right to cancel your booking without notice.

If the price of any services increases before we receive your deposit, we reserve the right to pass on this price increase to you. This is in addition to our right to increase prices prior to full payment as stated above.

The balance is due 45 days before commencement of your travel arrangements. Late payment may cause cancellation of all or part of your trip, with no refund payable. We are under no obligation to remind you of the balance becoming due.

Special payment arrangements and conditions apply for certain bookings. For all Morocco bookings, an up front non-refundable deposit of 30% is required.  A higher deposit may be required for some luxury hotels according to their conditions.   If special payment arrangements and conditions apply, Ibertours Travel will notify you prior to issuing your booking confirmation.

Please note that credit card payments are subject to the following surcharges: 1.5% for Visa/Mastercard and 2% for Amex. These surcharges reflect our costs to process card payments.

CANCELLATION BY YOU

If you wish to cancel your trip, we require written notice and will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice.

  • 90 days or over before departure from Australia: Deposit only
  • Between 89 – 45 days before departure from Australia: the greater of your deposit or 25% of your booking value
  • Between 44 – 30 days before departure from Australia: 50% of your booking value
  • 29 days or less before departure from Australia or no show 100% of your booking value.


Special cancellation arrangements and conditions apply for certain bookings. If special cancellation arrangements and conditions apply, Ibertours Travel will notify you prior to issuing your booking confirmation.

You agree that these cancellation charges are reasonable, represent a genuine pre-estimate of our loss and required to protect the legitimate business interests of Ibertours.

CANCELLATION BY US

If your travel arrangements cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock out, epidemic, pandemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, decree, rule or regulation of any government authority, or for any reason whether of a similar or dissimilar nature beyond the control of Ibertours (Force Majeure), we may at our election:

  • postpone your travel arrangements to a future date, in which case we will issue you with a credit note equal to amounts paid at the time of postponement

    less any of our unrecoverable costs; or
  • cancel your travel arrangements, in which case our contract with you will terminate.


If our agreement terminates, neither of us will have any claim for damages against the other. However, we will refund you any payments made by you that we have not expended (or legally committed to expend) less our reasonable costs for work undertaken up until the time of termination. If we have expended or have committed to expend payments, then we will use reasonable endeavours to recover those amounts from suppliers. We will add recovered amounts to your refund. 

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

If we have to cancel your trip for reasons beyond Force Majeure, you will be offered (at your election) a full refund of all funds paid over to us, or the offer of a trip of substantially equal or better quality if appropriate.

Ibertours disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you as a result of postponement or cancellation of your travel arrangements by us whether due to Force Majeure or otherwise.

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 $50.00 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

Every effort will be made to adhere to the published touring itinerary. Occasionally, circumstances beyond our and our suppliers’ control will force changes, amendments or modifications to the itinerary and its inclusions.

If circumstances beyond our control (including due to Force Majeure) mean that we need to amend your itinerary or the services with it, we shall notify you in writing as soon as possible. If the change arises during your trip, our representatives will make every effort to contact you personally. We reserve the right to substitute alternative transport or accommodation in the interests of the safety of our passengers and/or the successful completion of the itinerary.

To the fullest extent permitted by law, Ibertours will not be responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these circumstances. If you are entitled to any compensation at law for any changes or modifications in these circumstances, then you agree that any compensation you are entitled to will be reduced by the value of any alternative services we provide to you which you accept. 

Ibertours disclaims any liability to you for the costs of airfares, visas or any other expenses incurred by you.

ILLNESS PREVENTING TOUR COMMENCEMENT OR CONTINUATION

If due to any illness, suspected illness or failure to satisfy any required tests (such as a temperature test in relation to Covid-19): 

  • an airline or other common carrier refuses you carriage;
  • a hotel or vessel refuses to accommodate you; or
  • we or our suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
  • if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at

      your cost

 

  • if you have not commenced your trip then we regret we will not be in a position to provide such assistance.


We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking. 

We will not be responsible to you for any loss or expenses incurred in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.

PASSPORTS, VISAS & VACCINATIONS

It is a requirement that you hold a valid passport and visas for your journey. It is your sole responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. It is your sole responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the tour. Any information provided by us is given in good faith.

HEALTH REQUIREMENTS

It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the journey of your choice. If you suffer from a medical condition which may impact your ability to participate on a tour, then you must advise us at the time you make your booking request. Ibertours reserves the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance from our personnel. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.

Ibertours will not be liable for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information.

TRAVEL INSURANCE

It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance is purchased at time of booking to provide full cover.

HOTEL STANDARDS

Any hotel gradings and categories referred to are regulated by the local tourism entities of each country and may vary from one country to another. When selecting hotels, Ibertours considers location, ambience, character, cleanliness and service and not solely for their official grading or category.

COMPLAINTS

If you have a complaint about any aspect of the travel arrangements, you must immediately bring it to the attention of Ibertours or our local representative at the time to give us the opportunity to put things right. If you fail to do this, you agree that you waive the right to make a future claim against us in connection with the problem.

If you notify us or our local representative of the problem and the problem is not solved to your satisfaction you must forward your complaint in writing to Ibertours no later than 30 days after completion of the tour, otherwise you waive the right to make a claim against us in connection with the problem.

UNUSED SERVICES, ‘NO SHOW’ & REFUNDS

Once you have left Australia, Ibertours Travel will not refund or compensate you for any service not used by you due to late arrival, failure of any transportation to operate as scheduled, early departure or by notice. Ibertours Travel does not authorise any overseas suppliers including but not limited to hotel management and staff to make any undertakings on our behalf or otherwise in respect of refunds or other matters.

If you fail to check in at a designated location or service as confirmed in your booking, a ‘no show’ fee equal to 100% of the cost of that particular component of your travel arrangements will be charged.

INDEPENDENT SERVICES

Ibertours will not accept responsibility for any additional or alternative travel arrangements (including the use of local guides and the purchase of services and excursions) that you make independently and that are separate, or in addition, to the booked itinerary.

RESPONSIBILITY & LIABILITY

Services supplied by independent suppliers

Where a third party over whom we have no direct control is the supplier of travel arrangements that form part of your tour, you acknowledge that our obligations to you are limited to arranging for the Independent Supplier to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include airlines, railway and cruise operators, hoteliers and common carriers. We act as an intermediary only and you will be subject to the terms and conditions of the Independent Supplier (copies available upon request).

To the fullest extent permitted by law, Ibertours will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier. 

Services we supply as principal

To the extent only that we are the principal supplier of travel arrangements or other services to you 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 suppliers (where we are not an intermediary for an Independent Supplier) 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 (other than as set out in these Booking Conditions) due to an event of Force Majeure. 

Please note that if the travel arrangements or services which gave rise to the claim complied with local laws and regulations, the travel arrangements and services will be deemed to have been properly performed, even if this would not be considered the case in Australia.

GENERAL LIABILITY LIMITATION

Australian Consumer Law and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, Ibertours disclaims all warranties.

To the fullest extent permitted by law, the maximum liability of Ibertours 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 the travel arrangements resupplied.

DEEMED ACCEPTANCE

By making a booking request (either directly or through one of our agents), you are deemed to have agreed and consented to all terms in these Booking Conditions and in any other documents provided to you by Ibertours or any other person who may have booked the tour on your behalf. If you book on behalf of another party, you represent and warrant to Ibertours that you are duly authorised to provide the agreement and consent the other party and you agree that you will be responsible for any loss or damage Ibertours incurs if this is not the case.

COMMON SENSE & ACCEPTANCE OF RISK

Common sense and a level of ordinary care must be exercised before and during travel. Ibertours Travel cannot be held responsible for problems, damage or loss of enjoyment brought about by lack of attention, understanding or care by you.

GENERAL

The contract between you and Australia España Marketing Group Pty Ltd trading as Ibertours Travel is deemed to have been made in the State of Victoria, Australia, and shall be governed by the laws of Victoria. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Victoria.

If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed from these conditions 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.