Terms and Conditions

Terms and Conditions

Coronavirus Information.

Journey Beyond have released the following https://journeybeyondrail.com.au/covid-19-update/

TRAVEL PERIOD 01 JANUARY 2022 – 31 DECEMBER 2022

1. GENERAL

Prices in this brochure are valid as of 29 March 2021, for travel 01 January 2022 to 31 December 2022. All train travel, trip/holiday package, accommodation, day tour or overnight tour prices are quoted in Australian dollars inclusive of GST. Fares, packages and prices in this brochure are subject to change without notice prior to booking. If a guest has booked a rail journey that includes flights, hotel accommodation, car hire or touring, these components will not be booked until a booking deposit is received.

2. BOOKING

CONFIRMED BOOKING

Your booking of a Rail Journey or Holiday Package is confirmed when:

(1) you have made the booking and have provided Journey Beyond Rail Expeditions (JBRE) with all necessary information to complete the booking; and

(2) you have paid us the Deposit (or other amounts owing at the time of booking), according to the terms of this agreement; and

(3) we have sent you a Booking Confirmation.

FEE

The Fee for your Rail Journey or Holiday Package is the amount stated in your Booking Confirmation. You may also be required to pay other amounts in accordance with the terms of this agreement.

INCLUSIONS

Your Booking Confirmation sets out the details of all goods and services that are included in your Rail Journey or Holiday Package, and the class of travel of your booking.

HOLIDAY PACKAGES

JBRE does not own, operate or control third party suppliers of services that are not included in rail fares or purchased in addition to rail travel (for example accommodation, sightseeing, tour operators, transportation companies, cruises etc). Additional conditions may apply, to be confirmed at the time of booking.

3. PAYMENT

THE GHAN, INDIAN PACIFIC AND GREAT SOUTHERN

‘FULLY FLEXIBLE FARES’ RAIL JOURNEY AND HOLIDAY PACKAGE

For Fully Flexible Rail Journeys and Fully Flexible Holiday Packages, full payment will be required at the time of booking.

This payment is per booking and is fully refundable at any time prior to your Rail Journey and Holiday Package scheduled departure.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

‘EVERYDAY FARES’ RAIL JOURNEY AND HOLIDAY PACKAGE

For Everyday Rail Journeys and Everyday Holiday Packages, you may pay the Fee in two parts:

(1) Deposit - this payment is per booking, non-refundable and payable at time of booking; and

(2) Balance - the difference between the deposit and the total Fee. This must be paid in all cases no later than 45 days prior to the date of travel. For bookings made at 45 days or less prior to travel, full payment is required at the time of booking.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

‘SAVER’ FARES RAIL JOURNEY AND HOLIDAY PACKAGE

Saver fares are not available on every departure.

Fares are valid for Gold Service Twin and Gold Service Single cabins only.

For Saver Rail Journeys and Saver Holiday Packages, full payment will be required at the time of booking.

This payment is per booking and cancelation fees apply.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

‘ADVANCE PURCHASE’ FARES RAIL JOURNEY AND HOLIDAY PACKAGE

Advance Purchase fares are not available within 6 months of travel date and are not available on every departure.

Fares are valid for Gold Service Twin and Gold Service Single cabins only.

For Advance Purchase Rail Journeys and Advance Purchase Holiday Packages, full payment will be required at the time of booking.

This payment is per booking and non-refundable.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

‘SPECIAL OFFER’ FARES

For Special Offers, the Fee is paid in full at the time of booking unless stated otherwise in the Special Conditions. Special Offers may have other terms and conditions included in the Booking Confirmation.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

   THE OVERLAND

'EVERYDAY’ FARES

For Everyday Rail Journeys, full payment will be required at the time of booking.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

‘READY RAIL’ FARES

Ready Rail fares are not available on every departure. For Ready Rail, Rail Journeys, bookings can be made on the Journey Beyond website at journeybeyondrail.com.au. If the booking is made by phone to one of Journey Beyond’s Travel Centre phone agents, it will incur a $20 booking fee. This Fare may be allocated non-window seats. Full payment is required at the time of booking and no amendments or changes can be made once the booking is confirmed.

‘SPECIAL OFFER’ FARES

For Special Offers, the Fee is paid in full at the time of booking unless stated otherwise in the Special Conditions. Special Offers may have other terms and conditions included in the Booking Confirmation.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking.

4. BEFORE YOU CAN TRAVEL

CABIN ALLOCATION

Prior to your scheduled departure date, JBRE will allocate cabins (seats on The Overland) to you according to the service of your booking. JBRE will do its best to accommodate any request you might have for a particular cabin (seats on The Overland) but does not guarantee it. If JBRE is unable to accommodate you in the service of your booking, you will receive the options set out in the clause ‘JBRE Cancellation’. If JBRE is unable to accommodate your request for a particular cabin (seat on The Overland) allocation and you elect to cancel your booking, this will be considered a ‘Guest Cancellation’ and dealt with in accordance with the clause ‘Guest Cancellation’.

LUGGAGE

Guests must comply with the relevant luggage requirements set out on the Website and/or booking confirmation.

TRAVEL INSURANCE

Our rail journeys go through remote Australian regions, which sometimes results in severe weather events, flash flooding, bushfires, and remote location medical evacuations. As a result, we highly recommended you purchase travel insurance to protect you in unforeseen circumstances.

FIT TO TRAVEL

You must ensure that you are medically and physically fit for travel. Before you confirm your booking, you must advise JBRE of any medical or physical condition that will or may require medical attention, medication, or special treatment during your rail journey. JBRE may also ask you to complete a health questionnaire. If a guest has a condition that JBRE decides may significantly affect the enjoyment, health or safety of themselves or any other person on board, JBRE can refuse or cancel a booking.

All guests booked on a JBRE Rail Journey or Holiday Package will be required to be fully vaccinated for travel from 01 January 2022. Proof of vaccination will be required at check-in and must be sighted by Journey Beyond staff. Any Federal and/or State government mandates requiring vaccination before the date mentioned above will supersede the above date. Please visit https://www.journeybeyond.com/about/covid-update/ for further details about the Covid Safe Experiences & Vaccination Policy.

5. ON THE DAY OF TRAVEL

CHECK IN

You must check in with a JBRE representative at the location stated on your Travel Documents no more than 2.5 hours and no later than 1 hour prior to the scheduled departure. You must show suitable photo identification to the JBRE representative when checking in.

DANGEROUS GOODS

Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other guests, or otherwise unsuitable. Animals (except assistance animals) are not permitted on board. JBRE reserves the right to eject any guest that fails to comply with this clause.

6. ON THE TRAIN

NO SMOKING POLICY

All JBRE trains are entirely smoke free in accordance with relevant state government regulations. Guests are not to smoke (including e-cigarettes) on the train.

SEARCHES

If JBRE has reasonable cause to believe that the guest is carrying a prohibited item, an authorised representative of JBRE may, subject to applicable laws, search or inspect the guest’s luggage.

OFF TRAIN EXCURSIONS AND EXPERIENCES (OTEs)

We may cancel or modify OTEs due to inclement weather, train scheduling or other circumstances. There are no refunds for any such cancellations or modifications. OTE's are subject to change without notice and further conditions may apply.

7. CANCELLATIONS

Your Rail Journey or Holiday Package could be cancelled under one of the following three circumstances:

(1) A cancellation arising from your actions, through no fault of JBRE – see ‘Guest Cancellations’.

(2) A cancellation by JBRE arising from external consequences that make our performance of the agreement impossible (for example a Force Majeure event, or the actions of a third party e.g. new government regulation) – see ‘Force Majeure Cancellations’.

(3) Any other cancellation by JBRE – see ‘JBRE Cancellations’.

FORCE MAJEURE CANCELLATIONS

For all fare types, in the event of a Force Majeure Cancellation, JBRE will provide you with a credit note of an amount equal to the monies paid to JBRE under the booking. The credit note can be applied to the cost of a future Rail Journey or Holiday Package with us. Time limits and other criteria and conditions may apply.

JBRE CANCELLATIONS

For all fare types, in the event of a JBRE Cancellation, JBRE will provide you with the option to receive one of the following:

(1) (where available) travel on an alternative non-rail holiday package of similar value, that gets you to the scheduled end destination;

(2) an alternate rail service of the same value at a later date;

(3) a full refund of monies paid to JBRE under the booking; or

(4) a credit note of an amount equal to the monies paid to JBRE under the booking.

REFUND PAYMENT

Any credit note or refund payable by JBRE under this agreement will be calculated to take into account the monies actually paid under the booking and the amount of the Rail Journey or Holiday Package that has been used.

Any refund will be payable to the person who paid for the booking or to the first person named on the booking. If a booking was made through a Travel Agent, any refund will be returned to that Travel Agent for their payment to the guest.

CREDIT NOTE

A credit note can be applied to the cost of a future Rail Journey or Holiday package with us. Time limits and other criteria and conditions may apply. Credit notes are not transferrable or redeemable for a refund. Once a credit note has been redeemed, the value of the credit becomes non-refundable in the event of cancellation.

SERVICE DISRUPTION

A Service Disruption is a full or partial cancellation of your Rail Journey after your Rail Journey has commenced.

In the event of a Service Disruption, JBRE will, subject to its obligations under the Australian Consumer Law, use reasonable endeavours to re-route you to the next destination by any form of transport at JBRE’s cost. No refunds are payable for Service Disruptions.


8. GUEST AMENDMENTS, PAYMENTS AND CANCELLATIONS

Subject to availability, you may amend your booking (the date of travel, the components of your package or the number of guests) as follows:

THE GHAN, INDIAN PACIFIC AND GREAT SOUTHERN

FULLY FLEXIBLE

EVERYDAY

ADVANCE PURCHASE††

DEPOSIT

Value – 100% of booking fee

Due – on booking

 Value – 25% of booking fee

Due – on booking†

Value – 100% of booking fee

Due – on booking†

FINAL PAYMENT

Due – 45 days prior to departure

GUEST AMENDMENTS^

Free of charge prior to departure

Up to 45 days prior to departure a request to reduce the number of guests travelling will incur any applicable cancellation fees

Free of charge up to 45 days prior to departure.

A request to reduce the number of guests travelling will incur any applicable cancellation fees.

GUEST AMENDMENTS DUE TO GOVERNMENT IMPOSED RESTRICTIONS^*

45 days and under prior to original scheduled departure, amendment to travel date allowed at any time with no fee. If new travel date is not selected see ‘Force Majeure Cancellations’

GUEST CANCELLATIONS

Fully Refundable until departure

Loss of deposit when cancelling more than 45 days prior to departure 100% cancellation fees apply 45 days and Under prior to departure

100% cancellation fees apply 14 days after booking date.

THE OVERLAND

EVERYDAY

READY RAIL

PAYMENT

Value – 100% of booking fee

Due – at time of booking

    Value – 100% of booking fee

Due – at time of booking

GUEST AMENDMENTS^

Free of charge up to 1 day prior to departure.

A request to reduce the number of guests travelling will incur any applicable cancellation fees.

Nil amendments allowed.

GUEST CANCELLATIONS

100% cancellation fees apply.

100% cancellation fees apply.

†Fully refundable if you change your mind within 14 days of booking.

*Third Party Provider conditions may vary and will be passed on to the guest if applicable.

^Guests will be subject to pay any fare differences which may apply when amending travel date.

††Advance Purchase fares must be booked more than 6 months prior to departure. Fares are valid for selected dates in Gold Service only and are subject to availability.

^^Saver fares are valid for selected dates in Gold Service only and are subject to availability.


9. OUR OPERATIONS

CONNECTIONS

We cannot guarantee our schedule and we are not liable for any costs deriving from the failure of a guest to connect with other services. As a result, guests should allow ample time for connections.

NO LIABILITY FOR OTHER CARRIERS

To the extent permitted by law, JBRE is not liable for any loss or damage suffered in relation to a guest missing a connecting journey on another carrier, as a result of any cancelled or delayed JBRE journey.

WARRANTIES, EXCLUSIONS AND LIMITATION OF LIABILITY

To the extent permissible by law (and without limiting the operation of any statutory guarantee under the Australian Consumer Law), JBRE will not be liable for any death or personal injury, loss of or damage to luggage or goods, consequential losses, loss of profit or any similar claims arising from any use of the services or arising out of JBRE’s negligence, including delay, or any inaccuracy with respect to information relating to transport, services or pricing. To the extent that part of the services are supplied to the guest by a third party, any warranty offered by JBRE in relation to those services will be limited to JBRE’s right of redress against the third party arising out of any alleged fault or defect in the services. Whilst every effort is made to ensure details of Holiday Packages remain accurate, situations may arise outside of JBRE’s control where a third party holiday component must be substituted or amended. JBRE will not be liable to refund guest payments as a result of amended itineraries, which are subject to change without notice.

Nothing in this agreement restricts, limits, or modifies your rights or remedies as a consumer against JBRE for failure of a statutory guarantee under the Australian Consumer Law.

10. QANTAS POINTS

You must be a Qantas Frequent Flyer (QFF) member to earn and use Qantas Points. A joining fee usually applies, however Journey Beyond Rail Expeditions guests can join for free by visiting journeybeyondrail.com.au/qantas. Membership and Qantas Points are subject to the Qantas Frequent Flyer Terms and Conditions. QFF members can earn 1 Qantas Point per AU$1 spent on eligible bookings or redeem Qantas Points for Classic Rail Rewards on eligible rail journeys. Limited availability. Further terms and conditions apply, please visit journeybeyondrail.com.au/qantas for full details. ^Qantas Frequent Flyers can redeem Qantas Points when booking online at journeybeyond.com.au/book-now/, using Points Plus Pay. Points Plus Pay allows you to choose the number of Qantas Points you redeem above the specified minimum level of 4,000 and pay for the remainder of the booking value with an Accepted Payment Card (including VISA, MasterCard or American Express). Further terms & conditions apply, please visit journeybeyondrail.com.au/qantas for further details.

11. MISCELLANEOUS

Except as expressly set out in this document, and to the extent permissible by law (but without limiting the operation of any non-excludable laws or regulations), JBRE will not be liable for any death or personal injury, loss of or damage to luggage or goods, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from any use of, or incidental to, the Services or arising out of JBRE’s negligence in any way,

whatsoever, including delay, or any inaccuracy with respect to information relating to transport, Services or pricing.

To the extent that the Services, or any component part of the Services, are supplied to the guest by a third party, any warranty offered by JBRE in relation to the Services or component part of the Services will be limited to JBRE’s right of redress (if any) against the third party supplier arising out of any alleged fault/defect in the Services, subject only to any Non-Excludable Terms.

12. DEFINITIONS

Australian Consumer Law means the Australian Consumer Law as that term is defined in the Competition and Consumer Act 2010 (Cth).

Booking Confirmation means the notification from us to you containing

the details of your booking.

Deposit means the amount of money payable for certain fares as set out

in clause 2.

Dollars or $ means Australian Dollars.

Force Majeure event means an event or circumstance which is beyond our

control and without our fault or negligence and which was not reasonably

preventable, including:

(a) riot, war, invasion or acts of terrorism;

(b) requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority;

(c) medical outbreak, or contamination of any kind;

(d) earthquakes, flood, fire, or other physical natural disasters; and

(e) strikes or industrial disputes which affect an essential part of the service.

Holiday Package means any Holiday Package offered by us comprising a Rail Journey component and other components provided to you by third parties. Guest means anyone travelling with us under your booking.

Rail Journey means any interstate one-way rail journey operated by us, including:

THE GHAN

- Adelaide to Alice Springs or vice versa, Alice Springs to Darwin or

vice versa, Adelaide to Darwin or vice versa

THE INDIAN PACIFIC

- Sydney to Adelaide or vice versa, Adelaide to Perth or vice versa,

Sydney to Perth or vice versa

GREAT SOUTHERN

- Adelaide to Brisbane or vice versa

THE OVERLAND

- Adelaide to Melbourne or vice versa

Travel Documents means your ticket or other proof of your confirmed booking.

We/us means Experience Australia Group Pty Ltd ACN 614 713 003.

Website means journeybeyondrail.com.au

You means the person or entity that made the booking and is named in the Booking Confirmation.

TRAVEL PERIOD (APRIL 1 2021 - Dec 31st 2021).

BOOKING

CONFIRMED BOOKING

Your booking of a Rail Journey or Holiday Package is confirmed when:

  • you have made the booking and have provided Journey Beyond Rail Expeditions (JBRE) with all necessary information to complete the booking; and
  • you have paid us the Deposit (or other amounts owing at the time of booking), according to the terms of this agreement; and
  • we have sent you a Booking

FEE

The Fee for your Rail Journey or Holiday Package is the amount stated in your Booking Confirmation. You may also be required to pay other amounts in accordance with the terms of this agreement.

INCLUSIONS

Your Booking Confirmation sets out the details of all goods and services that are included in your Rail Journey or Holiday Package, and the class of travel of your booking.

2.  PAYMENT

EVERYDAY FARES

For Everyday Rail Journeys and Everyday Holiday Packages, you must pay the Fee in two parts:

  • Deposit - this payment is per booking, non-refundable and payable within 14 days after booking; and
  • Balance - the difference between the deposit and the total For Everyday Holiday Packages must be paid in all cases no later than 60 days prior to the date of travel.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

ADVANCE PURCHASE FARES

Advance Purchase fares are not available within 6 months of travel date and are not available on every departure. For Advance Purchase Rail Journeys and Advance Purchase Holiday Packages, the full amount must be paid in full to confirm the booking.

  • Deposit - this payment is per booking, non-refundable and payable within 14 days after booking; and
  • Balance - the difference between the deposit and the total For Advance Purchase Holiday Packages must be paid in all cases no later than 30th November 2020.
  • Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

SPECIAL OFFER’ FARES

For Special Offers, the Fee is paid in full at the time of booking unless stated otherwise in the Special Conditions. Special Offers may have other terms and conditions included in the Booking Confirmation. Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

3.  BEFORE YOU CAN TRAVEL

CABIN ALLOCATION

Prior to your scheduled departure date, JBRE will allocate cabins to you according to the service of your booking. JBRE will also do its best to accommodate any request you might have for a particular cabin but does not guarantee it.

If JBRE is unable to accommodate you in the service of your booking, you will receive the options set out in the clause ‘JBRE cancellation’. If JBRE is unable to accommodate your request for a particular cabin allocation and you elect to cancel your booking, this will be considered a ‘Guest Cancellation’ and dealt with in accordance with the clause ‘Guest Cancellation’.

LUGGAGE

Passengers must comply with the relevant luggage requirements set out on the Website and/or booking confirmation.

TRAVEL INSURANCE

Our rail journeys go through remote Australian regions, which sometimes results in severe weather events, flash flooding, bushfires and remote location medical evacuations. As a result, we highly recommended you purchase travel insurance to protect you in unforeseen circumstances

FIT TO TRAVEL

You must ensure that you are medically and physically fit for travel. Before you confirm your booking, you must advise JBRE of any medical or physical condition that will or may require medical attention, medication or special treatment during your rail journey. JBRE may also ask you to complete a health questionnaire. If a guest has a condition that JBRE decides may significantly affect the enjoyment, health or safety of themselves or any other person on board, JBRE can refuse or cancel a booking.

4.  ON THE DAY OF TRAVEL

CHECK IN

You must check in with a JBRE representative at the location stated on your Travel Documents no more than 2.5 hours and no later than 1 hour prior to scheduled departure. You must show suitable photo identification to the JBRE representative when checking in.

DANGEROUS GOODS

Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other guests, or otherwise unsuitable. Animals (except guide dogs) are not permitted on board. JBRE reserves the right to eject any Passenger that fails to comply with this clause.

5.  ON THE TRAIN

NO SMOKING POLICY

All JBRE trains are entirely smoke free in accordance with relevant state government regulations. Passengers are not to smoke (including e-cigarettes) on the train.

SEARCHES

If JBRE has reasonable cause to believe that the guest is carrying a prohibited item, an authorised representative of JBRE may, subject to applicable laws, search or inspect the guest’s luggage.

OFF TRAIN EXCURSIONS (OTES)

We may cancel or modify OTEs due to inclement weather, train scheduling or other circumstances. There are no refunds for any such cancellations or modifications.

6.  GUEST AMENDMENTS, PAYMENTS AND CANCELLATIONS

Subject to availability, you may amend your booking (the date of travel, the components of your package or the number of Passengers) as follows:

DEPOSIT

EVERYDAY

Value – 10% of booking price

Due – 7 days from time of booking

EVERYDAY HOLIDAY

Value – 10% of booking price

Due – 7 days from time of booking

ADVANCE PURCHASE

Value – 100% of booking price

Due – 7 days from time of booking

FINAL PAYMENT

EVERYDAY AND EVERYDAY SAVER

Due – 60 days prior to departure

AMENDMENTS

EVERYDAY AND EVERYDAY SAVER

First change Free of charge (available up to 14 days prior to departure). Any further changes $ 50 per person.

Any fare differences arising from amending your booking will be passed on if applicable.

Any fare differences arising from amending your booking will be passed on if applicable.

Supplier conditions may vary and will be passed on if applicable.

ADVANCE PURCHASE AND ADVANCE PURCHASE HOLIDAY FARE

Free of charge up to 45 days prior to departure

Any fare differences arising from amending your booking will be passed on if applicable.

$50 fee up to 45 days prior to departure.

Any fare differences arising from amending your booking will be passed on if applicable.

*Supplier conditions may vary and will be passed on if applicable.

7.  CANCELLATIONS (Apr 1, 2021 - Dec 31, 2021)

CANCELLATIONS

EVERYDAY AND EVERYDAY SAVER FARE

Fully refundable within 14 days of booking (less $ 100 per person service fee)

Loss of deposit when cancelling more than 45 days prior to departure

100% cancellation fees apply under 45 days prior to departure

ADVANCE PURCHASE AND ADVANCE PURCHASE HOLIDAY FARE

Fully refundable within 14 days of booking (less $ 100 per person service fee)

100% cancellation fees apply

Your Rail Journey or Holiday Package could be cancelled under one of the following three circumstances:

  • A cancellation arising from your actions, through no fault of JBRE – see ‘Guest Cancellations’.
  • A cancellation by JBRE arising from external consequences that make our performance of the agreement impossible (for example a Force Majeure event, or the actions of a third party g. new government regulation) – see ‘Force Majeure Cancellations’.
  • Any other cancellation by JBRE – see ‘JBRE Cancellations’.

FORCE MAJEURE CANCELLATIONS

For all fare types, in the event of a Force Majeure Cancellation, JBRE will provide you with a credit note of an amount equal to the monies paid to JBRE under the booking. The credit note can be applied to the cost of a future Rail Journey or Holiday Package with us. Time limits and other criteria and conditions may apply.

JBRE CANCELLATIONS

For all fare types, in the event of a JBRE Cancellation, JBRE will provide you with the option to receive one of the following:

  • (where available) travel on an alternative non-rail holiday package of similar value, that gets you to the scheduled end destination;
  • an alternate rail service of the same value at a later date;
  • a full refund of monies paid to JBRE under the booking; or
  • a credit note of an amount equal to the monies paid to JBRE under the

REFUND PAYMENT

Any credit note or refund payable by JBRE under this agreement will be calculated to take into account the monies actually paid under the booking and the amount of the Rail Journey or Holiday Package that has been used.:

Any refund will be payable to the person who paid for the booking or to the first person named on the booking. If a booking was made through a Travel Agent, any refund will be returned to that Travel Agent for their payment to the guest.

SERVICE DISRUPTION

A Service Disruption is a full or partial cancellation of your Rail Journey after your Rail Journey has commenced.

In the event of a Service Disruption, JBRE will, subject to its obligations under the Australian Consumer Law, use reasonable endeavours to re-route you to the next destination by any form of transport at JBRE’s cost. No refunds are payable for Service Disruptions.

8.  OUR OPERATIONS

CONNECTIONS

We cannot guarantee our schedule and we are not liable for any costs deriving from the failure of a Passenger to connect with other services. As a result, Passengers should allow ample time for connections. NO LIABILITY FOR OTHER CARRIERS

To the extent permitted by law, JBRE is not liable for any loss or damage suffered in relation to a guest missing a connecting journey on another carrier, as a result of any cancelled or delayed JBRE journey.

WARRANTIES, EXCLUSIONS AND LIMITATION OF LIABILITY

To the extent permissible by law (and without limiting the operation of any statutory guarantee under the AUSTRALIAN CONSUMER LAW), JBRE will not be liable for any death or personal injury, loss of or damage to luggage or goods, consequential losses, loss of profit or any similar claims arising from any use of the services or arising out of JBRE’s negligence, including delay, or any inaccuracy with respect to information relating to transport, services or pricing.

To the extent that part of the services are supplied to the guest by a third party, any warranty offered by JBRE in relation to those services will be limited to JBRE’s right of redress against the third party arising out of any alleged fault or defect in the services.

Whilst every effort is made to ensure details of holiday packages remain accurate, situations may arise outside of JBRE’s control where a third-party holiday component must be substituted or amended. JBRE will not be liable to refund guest payments as a result of amended itineraries, which are subject to change without notice.

Nothing in this agreement restricts, limits or modifies your rights or remedies as a consumer against JBRE for failure of a statutory guarantee under the AUSTRALIAN CONSUMER LAW.

9.  MISCELLANEOUS

SURCHARGES

We are entitled to charge up to 1.55% surcharge depending on your payment method. WAIVER AND AMENDMENT

A provision of this agreement may not be amended or waived except in writing signed by an authorised representative of JBRE.

ENFORCEABILITY

If a term of this agreement is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from this agreement without affecting the enforceability of the remaining conditions.

DISCLAIMER

Images in any of our brochures or advertising materials are indicative only and may not reflect the exact experience or destination. THIRD PARTIES

In order to provide you with the goods and services that are included in your Rail Journey or Holiday Package, we may use third party providers. You agree that we may pass on to you any costs, fees or terms that

they apply to us under our agreement with them.

10.  DEFINITIONS

AUSTRALIAN CONSUMER LAW means the Australian Consumer Law as that term is defined in the Competition and Consumer Act 2010 (Cth). Booking Confirmation means the notification from us to you containing the details of your booking.

Deposit means the amount of money payable for certain fares as set out in clause 2. Dollars or $ means Australian Dollars.

Force Majeure event means an event or circumstance which is beyond our control and without our fault or negligence and which was not reasonably preventable, including:

  • riot, war, invasion or acts of terrorism;
  • requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority;
  • medical outbreak, or contamination of any kind;
  • earthquakes, flood, fire or other physical natural disasters; and
  • strikes or industrial disputes which affect an essential part of the

Holiday Package means any holiday package offered by us comprising a Rail Journey component and other components provided to you by third parties. Passenger means anyone travelling with us under your booking.

Rail Journey means any interstate one-way rail journey operated by us, including:

THE GHAN

  • Adelaide to Alice Springs or vice versa
  • Alice Springs to Darwin or vice versa
  • Adelaide to Darwin or vice versa

THE INDIAN PACIFIC

  • Sydney to Adelaide or vice versa
  • Adelaide to Perth or vice versa
  • Sydney to Perth or vice versa

Travel Documents means your ticket or other proof of your confirmed booking. We/us means Experience Australia Group Pty Ltd ACN 614 713 003.

Website means www.journeybeyondrail.com.au

You means the person or entity that made the booking and is named in the Booking Confirmation.

I have read and accept the above conditions.

TERMS AND CONDITIONS

TRAVEL PERIOD (APRIL 1 2021 - Dec 31st 2021).

BOOKING

CONFIRMED BOOKING

Your booking of a Rail Journey or Holiday Package is confirmed when:

  • you have made the booking and have provided Journey Beyond Rail Expeditions (JBRE) with all necessary information to complete the booking; and
  • you have paid us the Deposit (or other amounts owing at the time of booking), according to the terms of this agreement; and
  • we have sent you a Booking

FEE

The Fee for your Rail Journey or Holiday Package is the amount stated in your Booking Confirmation. You may also be required to pay other amounts in accordance with the terms of this agreement.

INCLUSIONS

Your Booking Confirmation sets out the details of all goods and services that are included in your Rail Journey or Holiday Package, and the class of travel of your booking.

2.  PAYMENT

EVERYDAY FARES

For Everyday Rail Journeys and Everyday Holiday Packages, you must pay the Fee in two parts:

  • Deposit - this payment is per booking, non-refundable and payable within 14 days after booking; and
  • Balance - the difference between the deposit and the total For everyday Holiday Packages must be paid in all cases no later than 45 days prior to the date of travel.

Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

ADVANCE PURCHASE FARES

Advance Purchase fares are not available within 6 months of travel date and are not available on every departure. For Advance Purchase Rail Journeys and Advance Purchase Holiday Packages, the deposit must be paid within 14 days after booking with the balance due 30th November 2020

  • Deposit - this payment is per booking, non-refundable and payable within 14 days after booking; and
  • Balance - the difference between the deposit and the total For Advance Purchase Holiday Packages must be paid in all cases no later than 30th November 2020.
  • Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

‘SPECIAL OFFER’ FARES

For Special Offers, the Fee is paid in full at the time of booking unless stated otherwise in the Special Conditions. Special Offers may have other terms and conditions included in the Booking Confirmation. Failure to make any of the payments associated with the above fares by the time outlined in this agreement will result in the cancellation of the booking

3.  BEFORE YOU CAN TRAVEL

CABIN ALLOCATION

Prior to your scheduled departure date, JBRE will allocate cabins to you according to the service of your booking. JBRE will also do its best to accommodate any request you might have for a particular cabin but does not guarantee it.

If JBRE is unable to accommodate you in the service of your booking, you will receive the options set out in the clause ‘JBRE cancellation’. If JBRE is unable to accommodate your request for a particular cabin allocation and you elect to cancel your booking, this will be considered a ‘Guest Cancellation’ and dealt with in accordance with the clause ‘Guest Cancellation’.

LUGGAGE

Passengers must comply with the relevant luggage requirements set out on the Website and/or booking confirmation.

TRAVEL INSURANCE

Our rail journeys go through remote Australian regions, which sometimes results in severe weather events, flash flooding, bushfires and remote location medical evacuations. As a result, we highly recommended you purchase travel insurance to protect you in unforeseen circumstances

FIT TO TRAVEL

You must ensure that you are medically and physically fit for travel. Before you confirm your booking, you must advise JBRE of any medical or physical condition that will or may require medical attention, medication or special treatment during your rail journey. JBRE may also ask you to complete a health questionnaire. If a guest has a condition that JBRE decides may significantly affect the enjoyment, health or safety of themselves or any other person on board, JBRE can refuse or cancel a booking.

4.  ON THE DAY OF TRAVEL

CHECK IN

You must check in with a JBRE representative at the location stated on your Travel Documents no more than 2.5 hours and no later than 1 hour prior to scheduled departure. You must show suitable photo identification to the JBRE representative when checking in.

DANGEROUS GOODS

Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other guests, or otherwise unsuitable. Animals (except guide dogs) are not permitted on board. JBRE reserves the right to eject any Passenger that fails to comply with this clause.

5.  ON THE TRAIN

NO SMOKING POLICY

All JBRE trains are entirely smoke free in accordance with relevant state government regulations. Passengers are not to smoke (including e-cigarettes) on the train.

SEARCHES

If JBRE has reasonable cause to believe that the guest is carrying a prohibited item, an authorised representative of JBRE may, subject to applicable laws, search or inspect the guest’s luggage.

OFF TRAIN EXCURSIONS (OTES)

We may cancel or modify OTEs due to inclement weather, train scheduling or other circumstances. There are no refunds for any such cancellations or modifications.

6.  GUEST AMENDMENTS, PAYMENTS AND CANCELLATIONS

Subject to availability, you may amend your booking (the date of travel, the components of your package or the number of Passengers) as follows:

DEPOSIT

EVERYDAY

Value – 10% of booking price

Due – 7 days from time of booking

EVERYDAY HOLIDAY

Value – 10% of booking price

Due – 7 days from time of booking

ADVANCE PURCHASE

Value – 100% of booking price

Due – 7 days from time of booking

FINAL PAYMENT

EVERYDAY AND EVERYDAY SAVER

Due – 60 days prior to departure

Due – 60 days prior to departure

AMENDMENTS

EVERYDAY AND EVERYDAY SAVER

Free of charge up to 14 days prior to departure

*Any fare differences arising from amending your booking will be passed on if applicable.

$50 fee up to 14 days prior to departure.

*Any fare differences arising from amending your booking will be passed on if applicable.

*Supplier conditions may vary and will be passed on if applicable.

ADVANCE PURCHASE AND ADVANCE PURCHASE HOLIDAY FARE

Free of charge up to 45 days prior to departure

*Any fare differences arising from amending your booking will be passed on if applicable.

$50 fee up to 45 days prior to departure.

*Any fare differences arising from amending your booking will be passed on if applicable.

*Supplier conditions may vary and will be passed on if applicable.

7.  CANCELLATIONS (Apr 1, 2021 - Dec 31, 2021)

CANCELLATIONS

EVERYDAY AND EVERYDAY SAVER FARE

Fully refundable within 14 days of booking

Loss of deposit when cancelling more than 45 days prior to departure

100% cancellation fees apply under 45 days prior to departure

ADVANCE PURCHASE AND ADVANCE PURCHASE HOLIDAY FARE

Fully refundable within 14 days of booking

100% cancellation fees apply

Your Rail Journey or Holiday Package could be cancelled under one of the following three circumstances:

  • A cancellation arising from your actions, through no fault of JBRE – see ‘Guest Cancellations’.
  • A cancellation by JBRE arising from external consequences that make our performance of the agreement impossible (for example a Force Majeure event, or the actions of a third party g. new government regulation) – see ‘Force Majeure Cancellations’.
  • Any other cancellation by JBRE – see ‘JBRE Cancellations’.

FORCE MAJEURE CANCELLATIONS

For all fare types, in the event of a Force Majeure Cancellation, JBRE will provide you with a credit note of an amount equal to the monies paid to JBRE under the booking. The credit note can be applied to the cost of a future Rail Journey or Holiday Package with us. Time limits and other criteria and conditions may apply.

JBRE CANCELLATIONS

For all fare types, in the event of a JBRE Cancellation, JBRE will provide you with the option to receive one of the following:

  • (where available) travel on an alternative non-rail holiday package of similar value, that gets you to the scheduled end destination;
  • an alternate rail service of the same value at a later date;
  • a full refund of monies paid to JBRE under the booking; or
  • a credit note of an amount equal to the monies paid to JBRE under the

REFUND PAYMENT

Any credit note or refund payable by JBRE under this agreement will be calculated to take into account the monies actually paid under the booking and the amount of the Rail Journey or Holiday Package that has been used.:

Any refund will be payable to the person who paid for the booking or to the first person named on the booking. If a booking was made through a Travel Agent, any refund will be returned to that Travel Agent for their payment to the guest.

SERVICE DISRUPTION

A Service Disruption is a full or partial cancellation of your Rail Journey after your Rail Journey has commenced.

In the event of a Service Disruption, JBRE will, subject to its obligations under the Australian Consumer Law, use reasonable endeavours to re-route you to the next destination by any form of transport at JBRE’s cost. No refunds are payable for Service Disruptions.

8.  OUR OPERATIONS

CONNECTIONS

We cannot guarantee our schedule and we are not liable for any costs deriving from the failure of a Passenger to connect with other services. As a result, Passengers should allow ample time for connections. NO LIABILITY FOR OTHER CARRIERS

To the extent permitted by law, JBRE is not liable for any loss or damage suffered in relation to a guest missing a connecting journey on another carrier, as a result of any cancelled or delayed JBRE journey.

WARRANTIES, EXCLUSIONS AND LIMITATION OF LIABILITY

To the extent permissible by law (and without limiting the operation of any statutory guarantee under the AUSTRALIAN CONSUMER LAW), JBRE will not be liable for any death or personal injury, loss of or damage to luggage or goods, consequential losses, loss of profit or any similar claims arising from any use of the services or arising out of JBRE’s negligence, including delay, or any inaccuracy with respect to information relating to transport, services or pricing.

To the extent that part of the services are supplied to the guest by a third party, any warranty offered by JBRE in relation to those services will be limited to JBRE’s right of redress against the third party arising out of any alleged fault or defect in the services.

Whilst every effort is made to ensure details of holiday packages remain accurate, situations may arise outside of JBRE’s control where a third-party holiday component must be substituted or amended. JBRE will not be liable to refund guest payments as a result of amended itineraries, which are subject to change without notice.

Nothing in this agreement restricts, limits or modifies your rights or remedies as a consumer against JBRE for failure of a statutory guarantee under the AUSTRALIAN CONSUMER LAW.

9.  MISCELLANEOUS

SURCHARGES

We are entitled to charge up to 1.55% surcharge depending on your payment method. WAIVER AND AMENDMENT

A provision of this agreement may not be amended or waived except in writing signed by an authorised representative of JBRE.

ENFORCEABILITY

If a term of this agreement is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from this agreement without affecting the enforceability of the remaining conditions.

DISCLAIMER

Images in any of our brochures or advertising materials are indicative only and may not reflect the exact experience or destination. THIRD PARTIES

In order to provide you with the goods and services that are included in your Rail Journey or Holiday Package, we may use third party providers. You agree that we may pass on to you any costs, fees or terms that

they apply to us under our agreement with them.

10.  DEFINITIONS

AUSTRALIAN CONSUMER LAW means the Australian Consumer Law as that term is defined in the Competition and Consumer Act 2010 (Cth). Booking Confirmation means the notification from us to you containing the details of your booking.

Deposit means the amount of money payable for certain fares as set out in clause 2. Dollars or $ means Australian Dollars.

Force Majeure event means an event or circumstance which is beyond our control and without our fault or negligence and which was not reasonably preventable, including:

  • riot, war, invasion or acts of terrorism;
  • requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority;
  • medical outbreak, or contamination of any kind;
  • earthquakes, flood, fire or other physical natural disasters; and
  • strikes or industrial disputes which affect an essential part of the

Holiday Package means any holiday package offered by us comprising a Rail Journey component and other components provided to you by third parties. Passenger means anyone travelling with us under your booking.

Rail Journey means any interstate one-way rail journey operated by us, including:

THE GHAN

  • Adelaide to Alice Springs or vice versa
  • Alice Springs to Darwin or vice versa
  • Adelaide to Darwin or vice versa

THE INDIAN PACIFIC

  • Sydney to Adelaide or vice versa
  • Adelaide to Perth or vice versa
  • Sydney to Perth or vice versa

Travel Documents means your ticket or other proof of your confirmed booking. We/us means Experience Australia Group Pty Ltd ACN 614 713 003.

Website means www.journeybeyondrail.com.au

You means the person or entity that made the booking and is named in the Booking Confirmation.

I have read and accept the above conditions.

BOOKING AND ADVISORY SERVICES - TERMS AND CONDITIONS

1             These Terms

1.1          Lunadi Pty Ltd in its capacity as trustee of theDino Scungio Family Trust trading as Great Trains ABN 42 627 982 969 (Great Trains, we, our, us) owns and operates the Website and content located at www.greattrains.com.au (Website).

1.2          Great Trains supplies our customers (Customers, you, your) with booking and advisory services (Services) and sells overland train travel services in Australia in our capacity as agent for Experience Australia Group Pty Ltd ACN614 713 003 trading as Journey Beyond Rail (Journey Beyond).

1.3          In these Terms (Terms), the train travel services which are provided by Journey Beyond are referred to the Travel Services. Journey Beyond is responsible for the provision of the Travel Services to Customers.

1.4          These Terms govern the relationship between GreatTrains and its Customers who acquire Services from Great Trains through theWebsite, by email and by telephone.

1.5          By acquiring Services from Great Trains, the Customer agrees to be bound by:

(a)           these Terms, in relation to the Services supplied by Great Trains to the Customer; and

(b)           Journey Beyond’s terms and conditions as updated from time to time, which are available here: https://journeybeyondrail.com.au/terms-conditions/(Journey Beyond Terms) in relation to the Travel Services supplied byJourney Beyond to the Customer.

1.6          If Customers do not accept these Terms or the JourneyBeyond Terms, Customers should not acquire Services or Travel Services fromGreat Trains.

2              Travel Services supplied by Journey Beyond

2.1          Once you have acquired Services from us, JourneyBeyond will provide you with Travel Services in accordance with the JourneyBeyond Terms.

2.2          The Journey Beyond Terms form the contract between you and Journey Beyond in relation to the provision of the TravelServices by Journey Beyond to you. The Journey Beyond Terms may include rules and restrictions about the use and availability of the Travel Services, refund and cancellation terms and limitations or exclusions of liability for death, personal injury, delay and loss or damage to baggage.

2.3          You should ensure you read and understand theJourney Beyond Terms before acquiring Services and Travel and Services from us.

2.4          You pay Great Trains:

(a)           for the Services; and

(b)           for the provision of the Travel Services byJourney Beyond to you, and solely in its capacity as agent for Journey Beyond.

2.5          As agent for Journey Beyond, we are not liable to you for a breach of obligations by Journey Beyond or any of its agents for subcontractors in providing you with Travel Services. Your legal rights in connection with the provision of the Travel Services are against Journey Beyond and, except to the extent a problem is caused by fault on our part, are not against us.

2.6          We have no control over, or liability for, the TravelServices. Journey Beyond is liable to you for a breach of obligations in providing you with Travel Services.

2.7          If Journey Beyond or any service provider engaged by Journey Beyond is unable to provide Travel Services as booked, your rights are against Journey Beyond and not against Great Trains.

2.8          Travel Services sold by Great Trains (including through the Website) as agent for Journey Beyond are subject to availability and can be withdrawn without notice by Journey Beyond. Travel Services may also change at any time in accordance with the Journey Beyond Terms.

3              We are liable to you for Services

3.1          We are liable to you in accordance with these Terms for breaching our obligations in providing the Services to you. We exercise care in the provision of the Services.

3.2          Nothing in these Terms is intended to exclude or restrict the application of consumer guarantees under the Competition andConsumer Act 2010, Schedule 1, the Australian Consumer Law (ACL). We otherwise do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to:

(a)           use of this Website;

(b)           the Services supplied by us; or

(c)           the Travel Services supplied by Journey Beyond.

3.3          All information on this Website relating to TravelServices or Journey Beyond is provided by Journey Beyond or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Journey Beyond.

4              Prices, booking and payment terms

4.1          The pricing offered by Great Trains for TravelServices is inclusive of the price for the Services. All prices on the Website or on other advertising material made available by Great Trains or JourneyBeyond are in Australian dollars (unless otherwise specified) and are inclusive of goods and services tax (GST).

4.2          We reserve the right to correct any errors in prices, rates or content quoted or calculated by Journey Beyond, with immediate effect.We will use our reasonable endeavours to notify you of such corrections.

4.3          Journey Beyond may change the price of yourTravel Services in accordance with the Journey Beyond Terms at any time up to your departure if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all of the quoted price for your Travel Services.

4.4          We accept payment by credit card, electronic funds transfer or cheque. We reserve the right to refuse a particular form of payment at any time.

4.5          All payments must be made in Australian dollars.

4.6          It is your responsibility to ensure that all details of the booking for Travel Services are correct before confirming a booking.

4.7          Travel Services are not guaranteed until payment has been made in accordance with the Journey Beyond Terms and all necessary documents have been processed.

4.8          The payment terms for the Services and TravelServices depend on the type of Travel Service that is acquired. For further details, please refer to the Website and the Journey Beyond Terms or any email correspondence we send to you.

4.9          For certain Travel Services, Journey Beyond may only provide electronic confirmation of your reservation. Accordingly, you must ensure your email address supplied to Great Trains when you book the TravelServices is correct and kept up to date. Great Trains is not responsible if you do not receive confirmation of your booking or your ticket due to an incorrect email address. You must notify us immediately if you change your email addressor contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation.

5              Changes to Travel Services

Fees and charges for changes to the Travel Services requested by you are as set out in the Journey Beyond Terms.  

6              Refunds and credits

6.1          All refunds and credits for Travel Services are provided strictly on the terms and conditions applicable to the relevant Travel Service and as set out in the Journey Beyond Terms.

6.2          If Journey Beyond is required to provide you with a refund for Travel Services under the Journey Beyond Terms, we will remit the refund for the Services and the Travel Services to you subject to theJourney Beyond Terms and when Journey Beyond makes the refund amount available to Great Trains.  

6.3          Any credit made available by Journey Beyond will be subject to the Journey Beyond Terms.

6.4          You acknowledge and agree that Great Trains is not responsible to provide you with a refund or credit unless:

(a)           the refund or credit is expressly permitted by the Journey Beyond Terms; and

(b)           in relation to cash refunds, Journey Beyond makes the refund amount available to Great Trains.

6.5          If Journey Beyond does not make a refund amount available to Great Trains and the refund is permitted by the Journey BeyondTerms, you unconditionally and irrevocably acknowledge and agree that your claim for the refund is solely against Journey Beyond, and not Great Trains.

6.6          Great Trains makes no representation or warranty in relation to the time it will take for Journey Beyond to provide a refund toGreat Trains to enable payment of the refund to you.

7              Cancellation and no show

The terms and conditions which apply to cancellations to the Travel Services (whether initiated by the Customer or Journey Beyond) or no shows are as set out in the Journey Beyond Terms. Great Trains and JourneyBeyond may charge a cancellation or no show fee in relation to Services and Travel Services. Customers must refer to the Journey Beyond Terms or any additional terms and conditions which apply to a booking in relation to cancellation fees.  

8              Your obligations and warranties

8.1          You warrant to us that:

(a)           you are at least 18 years old and have the power and authority to enter into a binding contract with Great Trains in relation to the Services and with Journey Beyond in relation to the Travel Services;

(b)           the information you provide us about yourself is true, accurate, current and complete; and

(c)           you will maintain and promptly update this information to keep it true, accurate and complete.

8.2          You unconditionally and irrevocably acknowledge and agree that it is your sole responsibility to acquire comprehensive travel insurance and that Great Trains is not responsible for your failure by you to acquire adequate insurance in relation to the Travel Services you acquire.

9              Liability

9.1          To the maximum extent permitted by law, and subject to the application of consumer guarantees under the ACL which may be implied into the supply of Services to you, we are not liable to you or anyone else(including for negligence, breach of contract or tort) for any loss or damage(including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with:

(a)           the provision or non-provision of TravelServices;

(b)           delay or suspension of the Travel Services caused by a party other than Great Trains;

(c)           death or personal injury occurring or sustained in connection with the Travel Services;

(d)           loss of property occurring during or in connection with the Travel Services;

(e)           any act or omission of Journey Beyond or any other third party;

(f)            the kind or quality of the Travel Services;

(g)           whether the Travel Services are appropriate for your specific circumstances;

(h)           your use of or access to this Website or any linked Website; or

(i)            disruption to this Website.

9.2          The liability of Great Trains to the Customer(if the Customer is a consumer or acquires the Services as a consumer within the meaning of the ACL) for any breach of a consumer guarantee in relation to the provision of the Services is limited to such one or more of the following at Great Trains’ election:

(a)           in relation to goods:

(i)            the replacement of the goods supplied or the supply of equivalent goods; or

(ii)           the payment of the cost of replacing the goods or of acquiring equivalent goods;

(b)           in relation to services:

(i)            the supply of the services again; or

(ii)           the payment of the cost of having the services supplied again.

9.3          To the maximum extent permitted by law, GreatTrains’ total liability to the Customer arising out of or in connection with its performance of its obligations under these Terms, whether under statute, inequity or tort (including negligence), howsoever arising, shall not exceed the price paid by the Customer to Great Trains for the specific Services that give rise to the loss in question.

10           Warnings for Website

10.1       You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

10.2       You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. For the avoidance of doubt, we do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises inc onnection with your use of this Website or any linked Website.

10.3       The information published and contained on this Website is intended to promote the Services and the Travel Services. Great Trains aims to ensure the accuracy of such information. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within this Website, nor do we undertake to keep this Website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information.

10.4       You acknowledge that we are a distributor of any content on this Website attributed to a third party, including Journey Beyond.Our editorial control in relation to content attributed to a third party is limited to the selection of materials to make available. Any opinions or statements of advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, adequacy, completeness, currency or usefulness of such content or its fitness for any particular purpose. It remains your responsibility to evaluate the accuracy, completeness, currency, adequacy and usefulness of any such information.

10.5       Responsibility for the content of advertisements(if any) appearing on this Website (including hyperlinks to advertisers’ own Websites)lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.

11           Miscellaneous

11.1       GreatTrains reserves the right to amend these Terms from time to time.Amendments will be notified on the Website by uploading an amended version of the Terms. The Customer’s continued use of the Website and purchase of Services and Travel Services following such notification will represent an agreement by theCustomer to be bound by the amended Terms, except that the Services and TravelServices you acquire are subject to, respectively, the Terms and the JourneyBeyond Terms in force at the time of your booking.

11.2       The law of Victoria from time to time governs theseTerms. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, including the Federal Court ofAustralia sitting in Victoria (and of courts entitled to hear appeals from those Courts), in respect of any claims, proceedings or matters arising out ofor in connection with these Terms.

11.3       Great Trains' failure to enforce any of theseTerms shall not be construed as a waiver of any of Great Trains’ rights.

11.4       If any of the Terms are unenforceable they shall be read down so as to be enforceable or, if they cannot be so read down, the unenforceable terms shall be severed from these Terms without affecting the enforceability of the remaining terms.

11.5       These Terms represent the entire agreement between Great Trains and the Customer in relation to the provision of theServices.

11.6       All notices under these Terms given by GreatTrains to the Customer will be delivered by Great Trains to the Customer’s email address supplied at the time of booking. The Customer’s notices to GreatTrains must be delivered to info@greattrains.com.au.

BOOKING AND ADVISORY SERVICES - TERMS AND CONDITIONS

1             These Terms

1.1          Lunadi Pty Ltd in its capacity as trustee of theDino Scungio Family Trust trading as Great Trains ABN 42 627 982 969 (Great Trains, we, our, us) owns and operates the Website and content located at www.greattrains.com.au (Website).

1.2          Great Trains supplies our customers (Customers, you, your) with booking and advisory services (Services) and sells overland train travel services in Australia in our capacity as agent for Experience Australia Group Pty Ltd ACN614 713 003 trading as Journey Beyond Rail (Journey Beyond).

1.3          In these Terms (Terms), the train travel services which are provided by Journey Beyond are referred to the Travel Services. Journey Beyond is responsible for the provision of the Travel Services to Customers.

1.4          These Terms govern the relationship between GreatTrains and its Customers who acquire Services from Great Trains through theWebsite, by email and by telephone.

1.5          By acquiring Services from Great Trains, the Customer agrees to be bound by:

(a)           these Terms, in relation to the Services supplied by Great Trains to the Customer; and

(b)           Journey Beyond’s terms and conditions as updated from time to time, which are available here: https://journeybeyondrail.com.au/terms-conditions/(Journey Beyond Terms) in relation to the Travel Services supplied byJourney Beyond to the Customer.

1.6          If Customers do not accept these Terms or the JourneyBeyond Terms, Customers should not acquire Services or Travel Services fromGreat Trains.

2              Travel Services supplied by Journey Beyond

2.1          Once you have acquired Services from us, JourneyBeyond will provide you with Travel Services in accordance with the JourneyBeyond Terms.

2.2          The Journey Beyond Terms form the contract between you and Journey Beyond in relation to the provision of the TravelServices by Journey Beyond to you. The Journey Beyond Terms may include rules and restrictions about the use and availability of the Travel Services, refund and cancellation terms and limitations or exclusions of liability for death, personal injury, delay and loss or damage to baggage.

2.3          You should ensure you read and understand theJourney Beyond Terms before acquiring Services and Travel and Services from us.

2.4          You pay Great Trains:

(a)           for the Services; and

(b)           for the provision of the Travel Services byJourney Beyond to you, and solely in its capacity as agent for Journey Beyond.

2.5          As agent for Journey Beyond, we are not liable to you for a breach of obligations by Journey Beyond or any of its agents for subcontractors in providing you with Travel Services. Your legal rights in connection with the provision of the Travel Services are against Journey Beyond and, except to the extent a problem is caused by fault on our part, are not against us.

2.6          We have no control over, or liability for, the TravelServices. Journey Beyond is liable to you for a breach of obligations in providing you with Travel Services.

2.7          If Journey Beyond or any service provider engaged by Journey Beyond is unable to provide Travel Services as booked, your rights are against Journey Beyond and not against Great Trains.

2.8          Travel Services sold by Great Trains (including through the Website) as agent for Journey Beyond are subject to availability and can be withdrawn without notice by Journey Beyond. Travel Services may also change at any time in accordance with the Journey Beyond Terms.

3              We are liable to you for Services

3.1          We are liable to you in accordance with these Terms for breaching our obligations in providing the Services to you. We exercise care in the provision of the Services.

3.2          Nothing in these Terms is intended to exclude or restrict the application of consumer guarantees under the Competition andConsumer Act 2010, Schedule 1, the Australian Consumer Law (ACL). We otherwise do not give any guarantee or warranty and do not make any representation of any kind, express or implied, with respect to:

(a)           use of this Website;

(b)           the Services supplied by us; or

(c)           the Travel Services supplied by Journey Beyond.

3.3          All information on this Website relating to TravelServices or Journey Beyond is provided by Journey Beyond or other independent third parties. We are not responsible for and make no warranty or representation about such information including the standard, class, or description of accommodation or services provided by Journey Beyond.

4              Prices, booking and payment terms

4.1          The pricing offered by Great Trains for TravelServices is inclusive of the price for the Services. All prices on the Website or on other advertising material made available by Great Trains or JourneyBeyond are in Australian dollars (unless otherwise specified) and are inclusive of goods and services tax (GST).

4.2          We reserve the right to correct any errors in prices, rates or content quoted or calculated by Journey Beyond, with immediate effect.We will use our reasonable endeavours to notify you of such corrections.

4.3          Journey Beyond may change the price of yourTravel Services in accordance with the Journey Beyond Terms at any time up to your departure if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after you have paid all of the quoted price for your Travel Services.

4.4          We accept payment by credit card, electronic funds transfer or cheque. We reserve the right to refuse a particular form of payment at any time.

4.5          All payments must be made in Australian dollars.

4.6          It is your responsibility to ensure that all details of the booking for Travel Services are correct before confirming a booking.

4.7          Travel Services are not guaranteed until payment has been made in accordance with the Journey Beyond Terms and all necessary documents have been processed.

4.8          The payment terms for the Services and TravelServices depend on the type of Travel Service that is acquired. For further details, please refer to the Website and the Journey Beyond Terms or any email correspondence we send to you.

4.9          For certain Travel Services, Journey Beyond may only provide electronic confirmation of your reservation. Accordingly, you must ensure your email address supplied to Great Trains when you book the TravelServices is correct and kept up to date. Great Trains is not responsible if you do not receive confirmation of your booking or your ticket due to an incorrect email address. You must notify us immediately if you change your email addressor contact telephone number after making a booking. It is your responsibility to advise us if you have not received your e-ticket confirmation.

5              Changes to Travel Services

Fees and charges for changes to the Travel Services requested by you are as set out in the Journey Beyond Terms.  

6              Refunds and credits

6.1          All refunds and credits for Travel Services are provided strictly on the terms and conditions applicable to the relevant Travel Service and as set out in the Journey Beyond Terms.

6.2          If Journey Beyond is required to provide you with a refund for Travel Services under the Journey Beyond Terms, we will remit the refund for the Services and the Travel Services to you subject to theJourney Beyond Terms and when Journey Beyond makes the refund amount available to Great Trains.  

6.3          Any credit made available by Journey Beyond will be subject to the Journey Beyond Terms.

6.4          You acknowledge and agree that Great Trains is not responsible to provide you with a refund or credit unless:

(a)           the refund or credit is expressly permitted by the Journey Beyond Terms; and

(b)           in relation to cash refunds, Journey Beyond makes the refund amount available to Great Trains.

6.5          If Journey Beyond does not make a refund amount available to Great Trains and the refund is permitted by the Journey BeyondTerms, you unconditionally and irrevocably acknowledge and agree that your claim for the refund is solely against Journey Beyond, and not Great Trains.

6.6          Great Trains makes no representation or warranty in relation to the time it will take for Journey Beyond to provide a refund toGreat Trains to enable payment of the refund to you.

7              Cancellation and no show

The terms and conditions which apply to cancellations to the Travel Services (whether initiated by the Customer or Journey Beyond) or no shows are as set out in the Journey Beyond Terms. Great Trains and JourneyBeyond may charge a cancellation or no show fee in relation to Services and Travel Services. Customers must refer to the Journey Beyond Terms or any additional terms and conditions which apply to a booking in relation to cancellation fees.  

8              Your obligations and warranties

8.1          You warrant to us that:

(a)           you are at least 18 years old and have the power and authority to enter into a binding contract with Great Trains in relation to the Services and with Journey Beyond in relation to the Travel Services;

(b)           the information you provide us about yourself is true, accurate, current and complete; and

(c)           you will maintain and promptly update this information to keep it true, accurate and complete.

8.2          You unconditionally and irrevocably acknowledge and agree that it is your sole responsibility to acquire comprehensive travel insurance and that Great Trains is not responsible for your failure by you to acquire adequate insurance in relation to the Travel Services you acquire.

9              Liability

9.1          To the maximum extent permitted by law, and subject to the application of consumer guarantees under the ACL which may be implied into the supply of Services to you, we are not liable to you or anyone else(including for negligence, breach of contract or tort) for any loss or damage(including specific, direct, indirect, consequential, economic loss, incidental damages, lost profits or savings or damages for disappointment) which is suffered directly or indirectly in connection with:

(a)           the provision or non-provision of TravelServices;

(b)           delay or suspension of the Travel Services caused by a party other than Great Trains;

(c)           death or personal injury occurring or sustained in connection with the Travel Services;

(d)           loss of property occurring during or in connection with the Travel Services;

(e)           any act or omission of Journey Beyond or any other third party;

(f)            the kind or quality of the Travel Services;

(g)           whether the Travel Services are appropriate for your specific circumstances;

(h)           your use of or access to this Website or any linked Website; or

(i)            disruption to this Website.

9.2          The liability of Great Trains to the Customer(if the Customer is a consumer or acquires the Services as a consumer within the meaning of the ACL) for any breach of a consumer guarantee in relation to the provision of the Services is limited to such one or more of the following at Great Trains’ election:

(a)           in relation to goods:

(i)            the replacement of the goods supplied or the supply of equivalent goods; or

(ii)           the payment of the cost of replacing the goods or of acquiring equivalent goods;

(b)           in relation to services:

(i)            the supply of the services again; or

(ii)           the payment of the cost of having the services supplied again.

9.3          To the maximum extent permitted by law, GreatTrains’ total liability to the Customer arising out of or in connection with its performance of its obligations under these Terms, whether under statute, inequity or tort (including negligence), howsoever arising, shall not exceed the price paid by the Customer to Great Trains for the specific Services that give rise to the loss in question.

10           Warnings for Website

10.1       You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

10.2       You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. For the avoidance of doubt, we do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises inc onnection with your use of this Website or any linked Website.

10.3       The information published and contained on this Website is intended to promote the Services and the Travel Services. Great Trains aims to ensure the accuracy of such information. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within this Website, nor do we undertake to keep this Website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information.

10.4       You acknowledge that we are a distributor of any content on this Website attributed to a third party, including Journey Beyond.Our editorial control in relation to content attributed to a third party is limited to the selection of materials to make available. Any opinions or statements of advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, adequacy, completeness, currency or usefulness of such content or its fitness for any particular purpose. It remains your responsibility to evaluate the accuracy, completeness, currency, adequacy and usefulness of any such information.

10.5       Responsibility for the content of advertisements(if any) appearing on this Website (including hyperlinks to advertisers’ own Websites)lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.

11           Miscellaneous

11.1       GreatTrains reserves the right to amend these Terms from time to time.Amendments will be notified on the Website by uploading an amended version of the Terms. The Customer’s continued use of the Website and purchase of Services and Travel Services following such notification will represent an agreement by theCustomer to be bound by the amended Terms, except that the Services and TravelServices you acquire are subject to, respectively, the Terms and the JourneyBeyond Terms in force at the time of your booking.

11.2       The law of Victoria from time to time governs theseTerms. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, including the Federal Court ofAustralia sitting in Victoria (and of courts entitled to hear appeals from those Courts), in respect of any claims, proceedings or matters arising out ofor in connection with these Terms.

11.3       Great Trains' failure to enforce any of theseTerms shall not be construed as a waiver of any of Great Trains’ rights.

11.4       If any of the Terms are unenforceable they shall be read down so as to be enforceable or, if they cannot be so read down, the unenforceable terms shall be severed from these Terms without affecting the enforceability of the remaining terms.

11.5       These Terms represent the entire agreement between Great Trains and the Customer in relation to the provision of theServices.

11.6       All notices under these Terms given by GreatTrains to the Customer will be delivered by Great Trains to the Customer’s email address supplied at the time of booking. The Customer’s notices to GreatTrains must be delivered to info@greattrains.com.au.