Exodus Booking Conditions – June 2026
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For bookings made outside of 4th to 30th June 2026, please refer to the standard booking conditions here.
EXODUS AUSTRALIAN BOOKING TERMS AND CONDITIONS
Applicable to trips booked from 4 June 2026 to 30 June 2026 inclusive, and departing between 4 June 2026 and 31 December 2026 inclusive. Please read these booking terms and conditions (“Terms and Conditions”) carefully; they form an important part of the contract for your booking.
1. Our Details
1.1 Your booking is with Exodus Travels Australia PTY Ltd (“Exodus”, “Company“, “we“, “us” or “our“).
2. Your Booking
2.1. A booking is confirmed, and a contract between the Company and you, the lead name on the booking (individually and for and on behalf of the other passengers named on your booking, and hereinafter referred to as “you” and defined as the “Lead Name” below) comes into effect subject to these Terms and Conditions when: (a) you have made a booking request; (b) you have paid your deposit; and (c) we have issued you with a confirmation of your booking (“Booking Confirmation”). We reserve the right to decline any booking request. If you have made any payments to us on account of that denied request, then we will promptly refund amounts received by us in respect of the denied request.
2.2. It is a condition of your booking that you, as the Lead Name, accept these Terms and Conditions on behalf of yourself and all members of your travelling party. If you make your booking online, this will require you to tick a box to confirm acceptance at the time of placing your booking request. Please note that the payment of your deposit signifies acceptance of these Terms and Conditions and that your reconfirmation of acceptance through the Guest Account is for recordkeeping purposes only and does not create any collateral contract. In the event that you make a booking through a travel agent then such travel agent shall be your agent, and their acceptance of these Terms and Conditions on your behalf shall be binding on, and be deemed to be unequivocally accepted by, the Lead Name and all other passengers named on the Booking Confirmation.
2.3. Whether you book alone or as a group, we will only deal with the Lead Name in all subsequent correspondence, including changes, amendments and cancellations. The Lead Name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
2.4. When you receive the Booking Confirmation and your travel documents please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless Exodus is responsible for the mistake, we will not accept liability if any supplier refuses boarding, or participation in any activities, because the name(s) shown in your passport differ from those on your ticket(s). If there is an obvious error on the Booking Confirmation, we reserve the right to correct it as soon as we become aware of it, but will do this within 7 days of issuing the Booking Confirmation or, if your departure is within 7 days, no later than 24 hours before you travel. Travel documents will be emailed to you (and to the other passengers in your booking to the address given to us by the Lead Name at the time of booking) approximately 2-3 weeks before your departure. Travel documents will not be issued unless payment of all amounts has been received in full.
2.5. For those holidays where an additional local payment is required this will be confirmed to you. A local payment is a portion of the holiday cost which must be paid directly to the local representative as instructed. If the price of your holiday includes a local payment this must be paid in the currency specified in the Booking Confirmation. Please note that your holiday price will not be considered to have been paid in full until the local payment has been made. Tourist taxes, resort fees or similar that are charged locally may be implemented or changed without prior warning. We do not accept responsibility for these costs, which must be paid by you and are not included within your holiday price.
2.6. All customers are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in the trip notes applicable to the relevant tour (the “Trip Notes”). By booking an Exodus tour you acknowledge that this is an active holiday which may test your physical ability and may consist of strenuous and demanding activities. You are therefore responsible for ensuring you are aware of the nature of the associated activities and physical requirements before you book. By confirming your booking you acknowledge that you have the appropriate levels of ability, fitness and good health to safely participate in the tour.
2.7. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the tour. This should include, but not be limited to, any special dietary requirements (including, for example, allergies) and any reduced mobility affecting you or members of your booking. Please contact us by email at CustomerServices@exodus.co.uk to discuss any such requirements.
2.8. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it (including after a booking has been confirmed). Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing on your Booking Confirmation. If you have paid a deposit before we issue your Booking Confirmation and the price increases, you may give us notice to cancel your booking within 7 days after we issue your Booking Confirmation and receive a full refund. If you do not provide us with this notice, then you are deemed to have accepted the price stated on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen holiday including the cost of any supplements, upgrades or additional facilities which you have requested.
2.9. When the price per person is dependent on the number of people in the accommodation and/or participating in the tour, and the number of people changes, the price will be recalculated based on the new party size. Any increase in price payable is not a cancellation charge.
2.10. In some cases, we may require particular customers to purchase a single supplement in order to travel. If this applies, you will be advised accordingly during the booking process. If you are a solo traveller and wish to have a roommate or otherwise share accommodation during your trip then we will use our reasonable efforts to accommodate this. When pairing roommates, we will always pair participants of the same biological sex as stated on passports. If it is not possible to pair you with a roommate, you may be asked to pay a single supplement for the land portion of the tour. If this applies, you will be advised of this during the booking process.
3. How to book
3.1. All payments in respect of your booking can be made by Visa or Mastercard. Please note that we do not accept payment by Amex.
3.2. You may be required to pay for non-transferable and non-refundable items such as, without limitation, National Park entrance fees and permits, tickets or entry permits, and in some cases for accommodation and services at peak times of travel or where accommodation and spaces are limited. You will be advised of all such charges at the time of booking.
Non-Polar Bookings
3.3. When you make your booking you must pay a deposit of at least 25% per person of your selected travel arrangements (if the deposit amount is less than AU $500 per person then you will be required to pay a minimum deposit of AU $500 per person).
3.4. The balance of the price of your travel arrangements must be paid at least 60 days before the departure date specified in your Booking Confirmation (the “Departure Date”). If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 5 days after the reminder, you will be deemed to have cancelled your booking and the cancellation fees in clause 5 will apply.
3.5. Only those who are 18 years of age or over can make a booking with Exodus. Minors who are aged 16 or 17 years old may accompany their parents or legal guardians on any tour. Minors under the age of 16 may accompany their parents or legal guardians on family adventure tours, subject to meeting the minimum age requirements specified in the Trip Notes, or otherwise notified to you by Exodus.
Polar bookings
3.6. When you make your booking you must pay a deposit of at least 25% per person of your selected travel arrangements (if the deposit amount is less than AU $2,000 per person then you will be required to pay a minimum deposit of AU $2,000 per person or equivalent).
3.7. The balance of the price of your travel arrangements, and the date that payment shall be due, shall be specified on your invoice. If you fail to make payment by the due date, we will remind you to make payment. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 5 days after the reminder, you will be deemed to have cancelled your booking and standard cancellation fees will apply.
3.8. For polar voyages, minors aged between 10 and 17 may accompany their parents to travel on the booking but participation in some activities may be limited.
3.9. You will need to produce a signed copy of the Expedition Contract for participation in any polar voyage. Unless specified otherwise, this must be provided no later than 90 days prior to the Departure Date. Agreeing to the Expedition Contract is required to enable us to fulfil your booking. A copy of the Expedition Contract can be found at https://www.quarkexpeditions.com/expedition-contract.
4. Insurance
4.1. Travel insurance is compulsory. You should purchase travel insurance with cancellation coverage as soon as we have issued your Booking Confirmation and you have paid your deposit. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges and we will provide you with any reasonable information required to support your claim. You will remain responsible for the full amount of your insurance premiums and this will not be refunded in the event of your cancellation. You are required to carry proof of insurance with you during the tour.
4.2. You are responsible for ensuring that you are in possession of travel insurance for the entire duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment. You must ensure that your policy does not contain exclusion clauses which limit cover for the type of activities included, or the altitudes attained, in your tour. We will not be responsible for costs you may incur as a result of not having valid or adequate travel insurance. It is the responsibility of all customers to declare any material facts including known medical conditions to, as applicable, us or your insurance provider, as failure to do so may result in a claim being reduced or declined.
4.3. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or otherwise incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed and the “Departure Status” is showing as “Guaranteed” on your invoice, which shall be sent to you at the time of your Booking Confirmation. If you make such arrangements, which you are then unable to use due to a change in your itinerary, we shall not be liable to you for the cost of those arrangements.
5. 5. If you change or cancel your holiday
5.1. You may cancel your holiday at any time. This must be sent to us in writing at CustomerOps@exodus.co.uk. If you are a traveller named in a booking made by an agent or the Lead Name, you agree that the Lead Name or the agent may amend or cancel a booking on your behalf and you will be bound by their actions.
5.2. Since we incur costs in cancelling your travel arrangements, the following cancellation policy applies for non-polar bookings:
| Period before departure in which you notify us | Cancellation charge |
| From the date your Booking Confirmation is issued up to, and including, 61 days prior to the departure date specified on the Booking Confirmation. | Loss of deposit. Alternatively, the deposit may be transferred to another person on the original booking or applied to another booking, provided that the replacement booking departs within 12 months of the original departure date. No administration fees will apply to such transfer. If the deposit is not transferred in accordance with this clause, it will be forfeited. Any remaining balance will be refunded, excluding any non-refundable costs. |
| 60 to 31 days (inclusive) prior to the departure date specified on the Booking Confirmation. | 75% of the total holiday cost. Any remaining balance will be refunded, excluding any non-refundable costs. |
| 30 days or less prior to the departure date specified on the Booking Confirmation, or after the booking has started. | 100% of the total holiday cost. |
5.3. The following cancellation charges apply for polar bookings:
| Period before departure in which you notify us | Cancellation charge |
| Within 15 days after the Booking Confirmation is issued (providing that the booking is confirmed more than 180 days prior to the departure date specified on the Booking Confirmation. | Free Cancellation. |
| From 16 days after the Booking Confirmation is issued up to 180 days prior to the departure date specified on the Booking Confirmation. | AU $2,000. |
| 179 to 120 days (inclusive) prior to the departure date specified on the Booking Confirmation. | Loss of deposit. |
| 119 to 90 days (inclusive) prior to the departure date specified on the Booking Confirmation. | 50% of the total holiday cost. |
| 89 to 60 days (inclusive) prior to departure date specified on the Booking Confirmation. | 75% of the total holiday cost. |
| 59 or less prior to departure, or if cancellation is received after the booking has started. | 100% of the total holiday cost. |
5.4. If, after our Booking Confirmation has been issued, you wish to change the date of departure of your booking, then this shall be treated as a cancellation and the cancellation terms in clause 5.2 (for non-polar voyages) and clause 5.3 (for polar voyages) shall apply.
5.5. If, after our Booking Confirmation has been issued, you wish to change travel arrangements, for example your accommodation (but not travel dates), we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the Lead Name or your travel agent. For trips departing from 4 June 2026 to 31 December 2026 inclusive, the deposit may, instead of being forfeited, be transferred to another person on the original booking or applied to another booking, provided that the replacement booking departs within 12 months of the original departure date. No administration fees or surcharges will apply in respect of such transfer. although you may be asked to pay any further costs that we incur in making any possible alterations (including those charged by third party suppliers who provide the component parts of your booking). You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of those arrangements.
5.6. You can transfer your booking to another person, who satisfies all the conditions that apply to the booking, by giving us notice in writing at least 7 days before the Departure Date, provided that the new passenger accepts the transfer and these Terms and Conditions.. For trips departing from 4 June 2026 to 31 December 2026 inclusive, no administration fee or surcharge will apply, although you will be responsible for any costs charged by third party suppliers in making any alteration. Please bear in mind that certain suppliers treat changes as a cancellation and charge accordingly, up to 100% of the cost for that part of the arrangement.
6. If we cancel your booking
We reserve the right to cancel your booking. We will not cancel less than 4 weeks before the Departure Date, except in cases which are as a result of a Force Majeure Event (as defined in clause 16.1), or failure by you to pay the final balance, or any other material breach by you of these Terms and Conditions.
6.2. We may also cancel your booking if the minimum number required for the tour to go ahead hasn’t been reached. The minimum number required will be specified in the Trip Notes. If the minimum number had been reached but we experience late cancellations by other participants which means that the minimum number is no longer met, we reserve the right to cancel a tour up to, and including, 20 days before the Departure Date.
6.3. If your booking is cancelled, and the cause of cancellation is not due to a Force Majeure Event, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we are able to offer one (we will refund any price difference if the alternative is of a lower value). However, we will not be responsible for any other loss or costs you incur resulting from our cancellation, for example flights booked independently of Exodus, travel insurance, or visa and vaccination costs.
7. If we change your booking
7.1. We reserve the right to vary the price of your booking prior to commencement for circumstances beyond our control such as the imposition new or amended Government charges and taxes. We also reserve the right to vary the price due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
7.2. The arrangements for your booking are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary. Most of these changes will be minor and we will advise you of them as soon as possible. If major changes (for example change of departure date and/or change of destination) are made after your booking, you will be notified within a reasonable period and we will offer you an alternative vacation if there is time and availability before your departure. If an alternative vacation suggested by us is cheaper, you are entitled to a refund of the price difference. You will have the choice of accepting the change or having a refund of all monies paid. We will tell you the procedure for making your choice at the time we notify you of any change. Please read any notification of changes carefully and respond within the timescale set out in the notification. Please note that this clause does not apply if the major change is caused by a Force Majeure Event.
8. Adventure travel warning
8.1. We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what each group should accomplish or receive, and not as a contractual obligation of Exodus. The timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
8.2. By confirming your booking you accept that the Company’s tour leaders have the authority to prevent you from participating in any part of a tour should they have concerns about (a) your ability to safely partake in an activity or (b) your physical ability to complete an activity in the required timescale. In the event the leader deems such a decision is necessary, we will reasonably endeavour to make alternative arrangements, but we will not be liable to provide any refunds for missed activities and you may be liable for any and all additional costs incurred.
8.3. Our responsibility does not commence until the specified time on the Departure Date, and we shall not be responsible for any additional expenses incurred by you to meet up with the group. If the group arrival is delayed to the local joining point we will provide you with the same room and board basis as will be provided to the group. If the delay is for more than 24 hours we will provide you with the same services and itinerary that were detailed on your Booking Confirmation to enable you to continue with your holiday, although you may, at your discretion, remain at the local joining point for the arrival of the group. If you are travelling on a Land Only basis or on a Self-Guided holiday, Exodus’ responsibility commences with the start of the first service listed on your Booking Confirmation.
8.4. Please be assured that our service providers will always do the utmost to ensure your safety and well-being during your holiday. On certain tours our local service providers may on day 1 of the tour ask you to sign an ‘Acceptance of Risk’ form prior to accepting your participation on that element of the tour. Where this is the case details are outlined in the Trip Notes and you may request a copy of the applicable form by contacting us. Should you decide to cancel you must do so within the time period shown on your final invoice.
Complaints and Assistance
9.1. If you have a complaint about any of the services included in your holiday and/or need assistance whilst away, you must inform our local office or your tour leader and email our Customer Services team using CustomerServices@exodus.co.uk or by contacting our out of hours number (which will be notified to you in your final documentation) without undue delay.
9.2. If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at CustomerServices@exodus.co.uk or by writing to Customer Services, Exodus Travels Ltd., Platinum House, St Marks Hill, Surbiton, KT6 4BH, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking.
10. Additional assistance
10.1. If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
11. Passport, Visa, Health, Travel and Immigration Requirements
11.1. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
11.2. For some trips we need to request special permits. As such we will require your passport details prior to accepting your booking. If you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
11.3. We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. We recommend that this is treated as minimum and you obtain this information before making any booking, because amongst other things you will not be entitled to a refund if you are reasonably refused participation due to a medical condition or a lack of fitness to travel. You should check this information again within 14 days of travel. Notwithstanding this, such health requirements remain your responsibility to check and monitor at all times. Where you do not check and/or requirements change and either you are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
12. Conduct
12.1. Laws and customs of the countries you visit can be very different to those in your home country. Be aware of your actions to ensure that they do not offend, especially if you intend to visit religious areas. There may be serious penalties for doing something that might not be illegal or may otherwise be tolerated in your home country. It is your responsibility to familiarise yourself with, and respect local laws and customs, and you are strongly advised to check with and familiarise yourself with the local laws and customs of the countries you plan to visit.
12.2. We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents in any risk or danger, on the telephone, in writing or in person.
12.3. If you commit any illegal act when on the holiday, or if in our reasonable opinion or the reasonable opinion of the leader or another person in authority, your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts on other passengers’ enjoyment of the holiday or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.
12.4. You must wear a seatbelt if one is fitted in the seat whilst onboard any transportation. It is your responsibility to ensure that you are wearing a seatbelt at all times. If you are travelling with children it is your responsibility to ensure that they are properly wearing a seatbelt. If you suffer from any condition that means you are medically exempt from wearing a seatbelt you must advise us at the time of booking.
12.5. You must abide by the authority of the leader, who represents Exodus, and is there to ensure the safety of you and the whole group. All customers are required to follow the leader’s instructions and advice with regards to any safety measures expected.
12.6. If any third party supplier, or any of our resort staff or agents believes that you could be disruptive or are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.
12.7. If you are disruptive and prevented from boarding any flight, or denied participation in any other service which is included in your booking, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (as set out in clause 5). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
12.8. If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you.
12.9. As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
12.10. For the purposes of this section reference to “you” or “your” includes any other person in your party.
13. Trip Notes
13.1. Trip Notes will be issued for your booking. These Trip Notes and all the information contained therein will be deemed to be part of the contract for your holiday. Trip Notes are available from our website at https://www.exodustravels.com/au/, and contain up-to-date definitive information about the itinerary and travel arrangements. Should there be a discrepancy between the information in any Exodus brochure or website and the Trip Notes, the information in the Trip Notes supersedes that in the brochure or on the website and will be considered the most up-to-date and accurate.
14. Acceptance of Risk
14.1. You acknowledge that travel, and in particular the locations of some of the locations that Exodus’ trips operate to, involve personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.
14.2. You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept inherent personal risks associated with your travel.
15. Responsibility
Services supplied by independent suppliers
15.1. Where a third party over whom we have no direct control (an “Independent Supplier”) is the supplier of services that form part of your booking, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those services to you. Independent Suppliers over whom we have no direct control could include (but are not limited to) excursion providers, hoteliers and independent transport companies (i.e., vehicles not operated by us).
15.2. To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence.
15.3. Further, for any excursions or other tours which you may choose to book or pay for whilst you are on holiday, these are not included in your holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are in no way responsible for the provision of the applicable excursion, tour or other service.
Services we directly supply
15.4. To the extent only that we are the principal supplier to you of services which we control, own or operate, then we will provide those services with reasonable skill and care.
15.5. We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
15.6. 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 due to a Force Majeure Event (as defined in clause 16.1).
General liability limitation
15.7. We do not guarantee any services in your booking. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays in providing any of the services included in your booking.
15.8. You acknowledge that services which comply with local laws and regulations will be deemed to have been properly performed by us, even if this would not be considered the case in Australia.
15.9. Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Terms and Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent possible. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
15.10. To the fullest extent permitted by law, our maximum liability to you under these Terms and Conditions, in tort (including negligence) or at law is limited to arranging for services to be resupplied or payment of the cost of having them resupplied.
16. Force Majeure
16.1 In these Terms and Conditions, the term “Force Majeure Event” means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including but not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority. For the avoidance of doubt and without limitation, an illness, the development of a medical condition or the failure of any commercial transportation (including the inability of that transport provider to provide transportation for whatever reason) not operated by us is not considered a Force Majeure Event.
16.2. If:
(a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your booking cannot safely, lawfully or reasonably proceed due to a Force Majeure Event; or
(b) you give us notice no more than 14 days prior to the Departure Date that you cannot reasonably travel on your booking due to a Force Majeure Event in the destination of travel (whether or not such event directly affects our ability to perform),
then we may:
(c) reschedule your booking, but only if you are agreeable to the rescheduled arrangements; or
(d) cancel your booking, in which case our contract with you will terminate.
16.3. If we cancel your booking as a result of a Force Majeure Event, neither of us or you will have any claim for damages against the other. However, we will issue you with a credit note equal to the payments received by us. Please note that our ability to issue you with a credit note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your booking (b) overhead charges incurred by us relative to the price of your booking; and (c) fair compensation for work undertaken by us in relation to your booking until the time of cancellation.
16.4. Any credit issued by us: (a) may only be redeemed within 24 months from the date of issue, against products or services offered by us at the time of redemption, subject to availability and our terms and conditions then in effect; (b) is not transferrable or assignable; and (c) is not redeemable for cash.
16.5. If your booking is cancelled after it has commenced due to a Force Majeure Event, we will provide you with a refund of recovered third party costs plus any third party costs we don’t incur for the cancelled days only.
16.6 If we provide you with any alternative services or assistance where your booking is cancelled due to a Force Majeure Event, which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these alternative services and that assistance.
16.7 To the fullest extent permitted by law:
(a) we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to a Force Majeure Event happening after we have accepted your booking. This includes (but is not limited to) any loss of enjoyment or distress caused by any omissions or modifications;
(b) if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and
(c) we will not be responsible to you for any other expenses or loss you incur resulting from any cancellation of the charter or any amendment or change to the itinerary or its inclusions due to a Force Majeure Event.
17. Indemnity from Parent/Guardian
17.1. Where a participant in your booking is under the age of 18, the parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers, employees and agents) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the holiday, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to be bound by these Terms and Conditions on their own behalf.
18. General
18.1. If any provision of these Terms and Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
18.2. Exodus may use, reproduce, and/or publish photographs and/or video that may pertain to you – including my image, likeness, and/or voice without compensation. You understand that this material may be used in brochures, e-mails, and online to promote Exodus and its product offerings.
18.3. 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, which is published at https://www.exodustravels.com/privacy-policy.
18.4. We reserve the right to modify these Terms and Conditions at any time without prior notice. We will publish amended Booking Conditions on our Website. The amended Terms and Conditions will be effective upon publication.
18.5. You acknowledge that photos we publish are representative and may not reflect that exact experience.
18.6. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts competent to hear appeals from those courts.
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