Terms & Conditions

Please read these booking conditions carefully. Payment of deposit indicates acceptance of these conditions.

In this document, “DCA” means DCA ENTERPRISES PTY. LIMITED ACN 559 784 832 of 2/10 Hollis Avenue, Denistone East NSW and “the Client” means the person who has signed the registration form.

Recitals

A. DCA is a company which trades as The Hub Productions and provides overseas tours to pop culture and pop culture events.

B. The Client requires DCA to provide a touring package throughout Los Angeles, New York, Orlando and Atlanta, USA as well as travelling to Dragon*Con 2013 in Atlanta, such tour to be known as “Dragon*Con Odyssey 2013” (“The Tour”).

C. DCA intends to employ tour guides to perform the services associated with The Tour. DCA has warranted that these guides have the necessary skills and expertise to perform the services and will be available to perform the services for the period of The Tour.

D. DCA and the Client have agreed to the provision of services to the Client by DCA on the terms and conditions set out herein.

Operative Provisions

1.1 DCA must provide the tour package of The Tour in accordance with the itinerary provided on the Hub Productions website. Please note this itinerary may be subject to change at any time.

1.2 DCA warrants that the tour operator guides referred to in Recital C are suitably skilled, trained and qualified lo complete the services referred to in this clause.

Payment

2.1 All prices listed for any part of the Dragon*Con Odyssey 2013 are in Australian dollars.

2.2 A deposit of five hundred dollars ($500.00AU) is due between now and 28th February, 2011. It is agreed that the deposit secures a place on The Tour which is limited at sixty (60) places. The deposit is non-refundable.

2.3 The cost of The Tour is twelve thousand dollars ($12,000.00AU). It is agreed that this fee may change to make allowance for any exchange rate fluctuations or increase in air fares.

2.4 Payment is made in the following manner:-

2.4.1 By payment of the sum referred to in 2.2, less the deposit already paid; or

2.4.2 Payment can be made in eight parts, less the deposit already paid, namely:

1st March 2011        $1,500.00AU
1st June 2011        $1,250.00AU
1st September 2011    $1,500.00AU
1st December 2011    $1,250.00AU
1st March 2012        $1,500.00AU
1st June 2012        $1,500.00AU
1st September 2012    $1,500.00AU
1st December 2012    $1,500.00AU

2.5 Should the price change due to increase in Government taxes, currency fluctuations, air fare increases or any other charges imposed by third parties, then such increase will be advised by 31st January 2013 and will need to be paid on or before 1st March, 2013.

2.6 Payments can be made via direct deposit, personal cheque, money order or credit card. Please note that any credit card transactions will incur a 4.1% transaction fee. Any additional charges to DCA due to a personal cheque that is dishonored will be added to the next transaction and will be due and payable.

2.7 Late bookings will be accepted up to 1st September 2012. All monies due by the date of booking (as per the eight part payment schedule), including the $500.00AU deposit, must be paid at the time of booking. Alternately, the entire balance may be paid at the time of booking. After 1st September 2012, any bookings will require full and immediate payment of the entire trip cost and will incur a one thousand, two hundred dollar ($1,200.00AU) late booking fee to cover additional costs incurred by DCA. The latest any such booking may be made is 1st March 2013.

2.8 Information in the Dragon*Con Odyssey 2013 flyer and on the DCA Dragon*Con Odyssey 2013 website are correct at time of publication. Published prices are based on the prevailing exchange rates and costs at time of publication (November 2010). As noted above, an additional charge may be required.

Travel Insurance

3.1 The parties agree that travel insurance is compulsory, and the sole responsibility of the Client to organise, obtain and fund.

3.2 The parties agree that the cost of travel insurance is not included in the fee structure set out herein.

3.3 The Client agrees that all claims for injury or loss will be made against their travel insurance and agree to release DCA from all and any liability for injury or loss of whatsoever kind or whatsoever nature sustained during The Tour including, but not limited to, any claim, suit, demand, action either brought by the Client or any third party as a result of the Client’s involvement with The Tour.

3.4 The Client acknowledges that they may be offered optional activities as part of The Tour and such activities may result in personal injury. The Client agrees that DCA will not be responsible for any loss, damage, injury or accident which may result as a result of the Client’s participation in such activities.

3.5 DCA makes no representations or guarantees concerning risks covered or reimbursement available under any insurance.

3.6 The Client agrees to provide DCA with travel insurance information a minimum of two weeks prior to the departure date.

3.7 The Client agrees to inform DCA of any pre-existing medical conditions including allergies before departure of The Tour.

What’s not included in the price of The Tour

4.1 Flights and flight taxes, unless specified in the itinerary.

4.2 Anything not specifically included in the travel arrangements (such as excess baggage fees, passport and visa fees).

4.3 Travel insurance.

4.4 Vaccinations.

4.5 Tipping. Throughout the United States tipping is mandatory. Unless otherwise specified in the itinerary tipping is left to your discretion. The usual rate when dining is 15% to 20%.

4.6 Meals not specified in the itinerary.

4.7 Items of a personal nature such as toiletries and laundry.

Visa & Passport and other travel conditions

5.1 The Client is required to ensure the names used to make his/her booking are exactly as those appearing in the Client’s passport. Any name/initial or spelling changes required due to provision of incorrect information will incur a $50.00 fee per change, in addition to any reissue fee charged by an airline or other supplier.

5.2 Bookings are transferable until 1st January 2013. Transferring a booking to another person will incur a $250.00 fee per change, in addition to any reissue fee charged by an airline or other supplier. Such transfer will not be processed until the new Client has agreed to the Terms & Conditions in writing.

5.3 If a visa is required, the Client will be provided with any information you need to confirm your impending journey. It is the Client’s responsibility to determine if a visa is required and to obtain it if necessary. The Client must also be in possession of a passport that has at least six months validity from the date of completion of The Tour. A visa does not guarantee entry to, or permission to remain in, a country. Some countries may refuse entry because of health conditions or for other reasons, or may detain, expel or repatriate the Client. It is the Client’s responsibility to find out about applicable health and other requirements of travel to any countries in the Client(s) itinerary, and to make the appropriate disclosures as required. A failure to disclose a health condition may result in refusal of entry, or in the Client being detained, expelled or repatriated. DCA accepts no responsibility and is not liable for any expenses, costs, liabilities or loss incurred in relation to such matters, or for the Client’s failure to comply with laws, regulations, orders and/or requirements of countries visited. By agreeing to the terms and conditions, the Client agrees not to hold DCA, or any of its agents, responsible for any such events or costs incurred.

5.4 It may be necessary for customs and government agencies to search the Client, the Client’s luggage or the Client’s goods. The Client is required to agree to such searches. DCA reserves the right to remove anyone from The Tour who is found to be in possession of illicit substances, or who refuses to comply with any such search request.

5.5 DCA or its agents are not responsible for any disclosures of a health condition made by other suppliers whose services are part of the Client’s travel arrangements or for the acts of any governmental instrumentalities of the countries connected thereto.

5.6 To ensure the safety of all passengers, including the Client’s, it may be necessary for DCA and/or its agents to disclose the Client’s health conditions to suppliers of other services forming part of The Tour’s travel arrangements. By agreeing to these terms and conditions, the Client authorises DCA and/or its agents to make such disclosures on the Client’s behalf, and agrees that such disclosures shall not amount to a breach of confidence or duty, and that the Client will not hold DCA and/or its agents liable in tort or in contract or under any anti-discrimination laws.

Accommodation

6.1 As standards of accommodation, facilities and services within the Client’s travel arrangements are based on various factors, DCA makes no specific representation with regard thereto or with respect to fitness for purpose of any that are available or provided. Reference to facilities in hotels such as gyms, spas or saunas does not imply their use is free.

Cancellation

7.1 Cancellations may incur cancellation fees charged by airlines, hotels or other operators once full or part payment has been made for their services. For this reason, DCA recommends the Client obtain travel insurance that covers the Client for cancellation charges in the event of cancellation due to illness or other reasons.

7.2 Cancellations for whatever reason will be subject to the following charges:-

7.2.1 once received, the Client’s deposit of $500.00AU is not refundable.

7.2.2 from 1st January 2011, the Client will be refunded the paid monies, less 30% of the total cost of The Tour, or the total of the Client’s deposit plus any cancellation fees incurred if this sum is greater than 30% of the total cost of The Tour;

7.2.3 from 1st January 2012 the Client will be refunded the paid monies, less 50% of the total cost of The Tour, or the total of the Client’s deposit plus any cancellation fees incurred if this sum is greater than 50% of the total cost of The Tour;

7.2.4 from 1st January, 2013 the Client will be refunded the paid monies, less 70% of the total cost of The Tour, or the total of the Client’s deposit plus any cancellation fees incurred if this sum is greater than 70% of the total cost of The Tour; and

7.2.5 if the Client cancels within twenty one (21) days or travel, or does not appear at the time of tour departure from Australia or New Zealand, no monies will be refunded.

7.3 No refunds will be available for cancellation after the Client’s travel has commenced, or in respect of any paid activities, accommodation, meals or any other paid services not utilised, whether by choice, or because of late arrival or early departure, including failure of any transport to operate according to schedule.

7.4 Please note that all refunds will incur a 5% transaction fee.

Miscellaneous

8.1 DCA reserves the right to remove from the Tour any persons who displays inappropriate conduct which seriously inconveniences or jeopardises the enjoyment, health or safety of any member of the Tour or other persons not affiliated with the Tour. DCA shall not be liable for such actions or any loss incurred (including repatriation expense) and there will be no refunds for the remainder of the Tour not taken. Any expenses incurred by DCA under this clause shall be payable by the client to DCA on demand.

8.2 DCA will not be required to refund any portion of the Client’s tour or pay any expenses whatsoever, including transportation, medical or living expenses, if the Client leaves The Tour early. Any such expense which is incurred by DCA on the Client’s behalf will be payable by the Client to DCA on demand.

8.3 DCA shall not be held liable for any death, injury or sickness of any member of the tour group however arising and whether or not arising in the course of The Tour.

8.4 DCA only utilises the services of the airlines, bus companies, car hire companies, hotels, restaurants and attractions operators. Accordingly, DCA shall not be held liable in connection with any of these principals’ services. DCA’s responsibility does not extend beyond the immediate tour and should the Client leave The Tour schedule and make any personal arrangements, these are undertaken entirely at the Client’s own risk.

8.5 The Client is also bound by the terms and conditions of the companies DCA utilises throughout The Tour. The Client will be bound by these terms and conditions at all times and failure to adhere to these may result in removal from The Tour.

8.6 DCA is not liable for any fines or other fees incurred by the Client according to the terms and conditions of the companies DCA utilises, or any other applicable third party, or the laws of any nation through which the Client travels. All such fees and fines are to be paid by the Client. Refusal to pay may, at the discretion of DCA, constitute inappropriate conduct as set forth under section 8.1.

8.7 DCA reserves the right, if reasonably necessary, to deviate from the advertised tour itinerary, delay or cancel part of, substitute or change the scheduled tour activities. If unforseen circumstances beyond DCA’s control require DCA to make changes to the Client’s travel arrangements, DCA reserve the right to cancel or reschedule departures and itineraries, and where it is necessary to change a hotel, DCA reserves the right to substitute accommodation of at least a similar standard. In such an event, DCA shall not be required to refund any portion of the fare, make any other compensation or be held liable for any consequential damage, loss, expense, loss of time or inconvenience.

8.8 If the Client wishes to earn Frequent Flyer Points, the Client must provide his/her Frequent Flyer details by 1st December 2012. However, airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of DCA.

Force Majeure

9.1 A failure to comply or a delay in complying with these terms and conditions by DCA which is caused by acts of God; strikes; boycott or industrial action or dispute; action or dispute; action in compliance with any act, regulation, ordinance, by-law or permit or with any lawful direction, order or request of any responsible authority or court; or any other cause whatsoever reasonably beyond the control of DCA does not give rise to any claim by the Client or cause DCA to be in breach of these terms and conditions.

Severability

10.1 All or part of any provision of these Terms & Conditions that is illegal or unenforceable, may be severed from these Terms & Conditions or modified to the extent it is necessary to make the remainder of the provisions and the Terms & Conditions enforceable.

Entire Agreement

11.1 These Terms & Conditions, including any schedules or attachments supersede any prior understanding or Agreement between DCA and the Client and any prior condition, warranty, indemnity or representation imposed, made or given by DCA or the Client.