On this website and in these booking conditions Creative Tours Pty Ltd (ACN 003 286 459) and entities that are related or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the "Company", "Creative Tours", "we", "our" or "us" and a person taking advantage of the services offered by Creative Tours, all other persons (if any) included with that person in the booking and that person’s or those persons’ travel agent (if any) are included in the expression "you", "your", a "client" or "passenger".

1. Product Validity: 01 April 2010 - 31 March 2011 (except where noted).

2. Booking Arrangements: Booking of travel arrangements and payment thereof shall be considered proof that you have read our booking terms and conditions, that you accept them without reservation as constituting the entire agreement between yourself and the Company which can only be varied by an officer of Creative Tours in writing. The Company does not own nor operate the airlines, hotels, sightseeing, shipping, transfer or vehicle hire companies or cruise lines (herein called "suppliers") whose transport, accommodation or meal services you may receive on your holiday. The Company reserves the right to pass on any costs imposed by airlines for ticketing plus a service fee and GST. All holiday components sold by the Company are provided by reputable suppliers, which operate in accordance with the standards set down by their own local authorities. The Company bookings therefore are subject to the terms, conditions and limitations of such suppliers, some of which exclude or limit liability in respect of death, injury, delay, loss or damage to your person and/or effects. The Company recommends that all passengers take out adequate travel insurance cover valid for the entire duration of the holiday.

3. Changes in Price and Itineraries: Prices are in Australian dollars (except where noted otherwise) and are correct at the time of publication and are subject to change without notice. In the event that currency fluctuations affect the price of your booking, we reserve the right to adjust our prices as necessary at any time. In the event of airline schedule changes or those made by our suppliers or for any reason beyond our control, we will notify you. In the event that new Trade Fair periods or new Trade Fair rates and /or dates become evident, The Company will inform you of any change and invoice you at the new rates. Revised rates will apply to all bookings including those made before the change. If the change or changes result in your holiday costing more, or otherwise being materially different from that prior to the change or changes being effected and in respect of which we have already accepted your deposit or balance payment, you may rearrange your holiday or withdraw and monies already paid will be refunded less any charges levied by suppliers. The price that is applicable at any time is that which is quoted at that time by the Company’s computer based system. Government taxes and charges imposed by third parties are subject to change.

4. Payment: All payments for bookings for any bookings acquired via the Company website must be paid in full by Credit Card issues (American Express, Visa or Mastercard). You must therefore provide creativeholidays.com with all the required details.

Prices and Invoice Errors

(a) The Company endeavours to ensure that all prices listed on the www.creativeholidays.com, are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the Products acquired have been paid for in full, to reflect such cost increases passed onto the Company.

(b) The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the Products acquired have been paid for in full.

6. Cancellation or Alterations of your travel arrangements:

Cancellation prior to final payment - there will be no refund of your deposit or of any supplier advance payment or additional deposit, where applicable.

Cancellation after final payment - There will be no refund of your deposit and there may be cancellation fees charged by airlines, hotels and ground/cruise operators against all by airlines, hotels and ground/cruise operators against all or part of the payment, which will delay the processing of any refund due. For this reason, the Company strongly recommends your travel insurance policy include cover for cancellation charges in the event of cancellation because of illness or other circumstances. Alteration of a booking after issue of booking documents (including electronic issue) in addition to any charges levied by hotels, ground/cruise operators or airlines:

• - if the alteration is within the same package, a service payment of $55 per booking will apply
• - if the alteration involves transfer to another package, cancellation fees may apply in addition to the service payment of $55 per booking.

7. Refunds: No refund is available for cancellations after holiday package has commenced or in respect of any tours, accommodation, meals or any other services not utilized. Please note that employees of any supplier are not authorized by the Company to make any undertakings to a client in respect of refunds or other matters.

8. What’s Not Included in the Holiday

Price: Airfares (Overseas/Domestic), airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to Tour Directors, motor coach drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.

9. Insurance: You should arrange your own insurance. The Company recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses and theft. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

10. Passports, Visa, Vaccinations and Baggage: A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility. You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it. The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday. You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited. To ensure the safety of all passengers, including you, it may be necessary for the Company and/or its servants and agents to disclose your condition of health to suppliers of other services connected with your holiday. You authorise the Company and/or its servants and agents to make such disclosure on your behalf and agree that a disclosure by the Company and/or its servants and agents shall not amount to a breach of confidence or duty and you will not hold the Company and/or its servants and agents liable in tort (actionable wrong) or in contract or under any anti-discrimination laws.

11. Hotel Locations and Descriptions: Please note that maps in this on this website are not to scale and are provided only as a guide to locations. Hotel descriptions featured are based on current international hotel guides and any facilities shown as included are subject to change at any time. Hotel room photographs may not be specific to actual room occupied.

12. Hotel Check-In and Vehicle Rentals: To guarantee charges for incidental items, suppliers require validation of a current credit card upon check-in or pick up.

13. Room Bedding Guide: Prices on this website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking. eg. twin share - separate beds, additional rollaway beds may be arranged at time of check-in and charges are payable direct to the hotel. Please note that the ‘Bedding Guide’ is provided purely as a guide, which may change, subject to hotel renovations or other circumstances.

14. Holiday Variations: If unforeseen circumstances beyond our control require us to make necessary changes to your holiday, we reserve the right to cancel or reschedule departures and itineraries. Where it is necessary to change a hotel the Company reserves the right to substitute accommodation of at least a similar standard.

15. Frequent Flyer Points: Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of the Company. Ask your travel agent to check with the airline.

16. Passport Checks: Travel agents and clients are required to ensure names being used to make a booking with the Company are exactly as those appearing in the passports. Any revision to a booking once documentation is issued will be subject to a service charge of AUD$55.00 per booking.

Limitations of Liability

The Company arranges your holiday, which will be provided by other suppliers. The Company has offices in Sydney and USA. The Company sells holidays in Australia that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services. The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals. The Company agrees to make the reservations with the principals offering the services described on this website on these terms and conditions. All coupons, exchange orders, contracts, tickets or vouchers issued by the Company (collectively "vouchers") are issued subject to all tariffs terms and conditions contained in the contracts in use by the principals when used and constitute the sole contract between the principal and the passenger. Acceptance of such vouchers constitutes acceptance of the foregoing.

Responsibility: The Company shall be responsible to the passenger for arranging supply of the services described on this website, except where such services cannot be supplied or the itinerary used is changed due to delays or other causes of whatever kind or nature beyond the control of the Company. In such circumstances, the Company will do its best to arrange supply of comparable services and itineraries and there shall be no refund in this connection. In the absence of its own negligence, neither the Company nor any agent or affiliate has any liability for any cancellations, diversions, substitution of equipment, variations, postponements or any other act, omission or default of air or land carriers, cruise operators, hoteliers or hotels, transport companies or any other suppliers nor for any consequences thereof such as changes in services, accommodation or facilities. In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties. All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit. Where the passenger occupies a motor coach seat fitted with a safety belt, neither the Company nor any agent, affiliate or supplier concerned will be liable for any injury, illness or death or for any loss damage or claim whatsoever arising from any accident or incident if the safety belt is not being worn at the time of such accident or incident. The Company accepts responsibility only for the services it provides. The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control. Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery. Neither The Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees. Neither the Company nor any agent, accepts any responsibility or liability for your acts, omissions, defaults, conduct, state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

Other Conditions: It is your responsibility to comply with the terms, conditions and requirements of any service provider, or any country or governmental authorities, or to bear any costs or losses incurred as a consequence of you not complying with them.

Standard of Service: The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided. Law and Jurisdiction: The agreement between the Company and the passenger in respect of the services to be provided by the Company to the passenger and which is constituted by the terms and conditions contained on this website (and no other matters) is governed by the laws of New South Wales, Australia. The Company and the passenger submit to the exclusive jurisdiction of the Courts of New South Wales and Courts of appeal therefrom.

Complaint: Should be lodged in writing to your travel agent within 30 days of return to Australia with supporting documentation. No airline by virtue of being depicted on this website represents itself either as contracting with any purchaser of a holiday from or as having any other legal relationship with such purchaser. All products on this website can be sold only in conjunction with air tickets sold in Australia.

Financial Protection: The Company is a participant in The Travel Compensation Fund (TCF). TCF is a fund administered by a regulatory body established by government to protect consumer funds in the event of a member’s financial failure. The Company’s clients can have complete confidence that the Company meets the strict financial criteria necessary for participation in the TCF.