TERMS AND CONDITIONS

The Hellenic Odyssey asks you to consider the following Terms & Conditions prior to making a reservation.  Please read these terms and conditions of contract carefully. In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between The Hellenic Odyssey and you. No variation of these conditions will be effective unless in writing and signed by The Hellenic Odyssey. In these terms and conditions reference to “The Hellenic Odyssey representatives” means tour leaders and staff of The Hellenic Odyssey and its officers, employees, agents, licensees, guides and other third parties and representatives and the land management authorities in each country in which the tour is conducted, or any of them.

1.     Booking and payment of deposit and final payment

To reserve your place on one of the tours, you must complete the Booking Form by filling out the paper form and paying a non-refundable deposit of $1000 per person per trip to The Hellenic Odyssey, or to your travel agent.

2.     Prices

The prices quoted on our website represent the most current prices, are per person and are subject to minimum numbers for guided departures. Where minimum numbers are not met by the payment date the tour will be cancelled or a group surcharge will be offered to ensure the trips operation. Refer to the website for the tour price inclusions and tour price exclusions. The balance of the tour price (final payment) is payable to The Hellenic Odyssey 90 days prior to departure except where payment in full has been made at the time of booking. (Prices are quoted in Australian dollars (unless otherwise specified) and all payments must be made in Australian dollars.) If payment of the balance of the tour price is not received by The Hellenic Odyssey by the due date you will be taken as having cancelled the tour and cancellation charges in accordance with condition 5 will apply.

The Hellenic Odyssey tries its utmost not to increase tour prices, however sometimes increases are outside its control. The Hellenic Odyssey reserves the right to amend tour prices at any time. Amendments may be necessitated for many reasons including, but not limited to, increases in ground operator services, exchange rate fluctuations, increased fuel costs, or the need to engage alternative ground operators. Any increase in tour prices must be paid prior to the departure date.

3.     Exclusions in the Published Price:

The tour price does not include any of the following; international fares prior to,  pre or post tour, costs associated with obtaining passports and visa fees; arrival and departure taxes, tariffs, levies and other charges including city taxes. Personal travel insurance, medical expenses and vaccinations and any other insurance charges are not included. Meals and beverages not listed are at cost to the traveller as well as excess baggage fees and luggage delivery to and from the tour are not included.  Optional activities you may choose to do that require additional payment are not included in the itinerary. It is the guest’s responsibility to ensure payment of any charges made by a hotel (all hotels require your passport and validation of a credit card upon check in) for extra services ordered directly by you such as room service, mini bar, laundry and communication charges such as telephone, fax, email or items of a personal nature. International departure taxes are not included. Tips are not included in the program price. Tips for hotel/restaurant staff, porterage and local guides/drivers are at the discretion of the traveller.

4.     Amendments/Transfers

AMENDMENTS: To make amendments to your tour arrangements, you must notify The Hellenic Odyssey in writing. Each amendment to your tour arrangements will incur a $100 administration fee and you will be liable for any increase in operational expenses occasioned by the amendment.

TRANSFERS: If you wish to transfer from one tour to another, you must notify The Hellenic Odyssey in writing. Transfers may only be made to another tour to commence within 12 months of your original departure date and transfer charges will apply:

GUIDED TRIPS:- If your notice is received more than 90 days prior to your original departure date, a $100 transfer fee will apply. In addition, any increase in operational services or extra permit/deposit penalties will apply: or

• If your notice is received within 90-60 days prior to your original departure date, 50% of your original tour price will be forfeited, or if less than 60 days prior 100% of your tour price will be forfeited.

Note: Any transfer from one tour to another is subject to availability and the agreement in writing of

5.     Cancellations

If you wish to cancel your tour, you must notify The Hellenic Odyssey in writing. Once The Hellenic Odyssey receives your notice, cancellation will take effect subject to the following:

• If cancellation takes place more than 90 days prior to your departure date your full deposit will be forfeited.

• If cancellation takes place between 90 & 60 days prior to your departure date 50% of the tour price will be forfeited.

• If cancellation takes place less than 60 days prior to your departure date 100% of the tour price will be forfeited.

The tour price is quoted as a package. No partial refunds or credit will be given for services including but not limited to sightseeing, transport and others, not used. Any amount forfeited, which has not then been paid to The Hellenic Odyssey by you, may be recovered from you by The Hellenic Odyssey as a debt due and payable.

6.     Cancellation due to tour booking numbers

The Hellenic Odyssey reserves the right to cancel or nominate a group surcharge where a trip has not reached minimum numbers. In case of a tour cancellation you will be given a full refund of the tour price. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, purchases or non-refundable flights and taxes).

7.     Health & Fitness Requirements

You must be in good health and physical condition to participate in a tour. If you have a pre-existing medical condition or are over 70 years of age and have required medical intervention in the past 24 months, you must also have your doctor complete your medical form to certify you as fit to participate. If you suffer from muscular, chest, heart, sight, hearing or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating. Evacuation, where necessary, can be prolonged, difficult and expensive. Medical and evacuation expenses will be your responsibility. The Hellenic Odyssey reserves the right in its absolute discretion to refuse or remove a participant the right to participate on a tour.

The Hellenic Odyssey reserves the right to decline any applicant or to remove any passenger from a tour, at the participant’s own expense, whose conduct is deemed incompatible with the group or whose health condition or mobility may risk and impact the safety, health or full participation of that participant or other tour passengers. Unfortunately passengers without travel insurance will not be accepted on any tour. Additionally, should a tour participant require or request medical attention during their travel, such attention will be provided by locally available health care officials and at locally available facilities. In such events, The Hellenic Odyssey is not liable for any direct or indirect costs, losses or expenses incurred by a passenger neither for health service costs incurred nor in the quality of medical care or medical services rendered.

8.     Medical Disclosure

You declare and warrant that:

• You are in good physical and mental health at the time of booking this tour;

• you have disclosed to The Hellenic Odyssey every matter concerning your physical and mental health and of which you are aware, or ought reasonably be expected to know, that is relevant to The Hellenic Odyssey’s decision to permit you to go on the tour;

• Pre-existing medical conditions are disclosed to your travel insurer and cover sought;

• immediately upon any adverse change in your health or fitness that may be likely to affect The Hellenic Odyssey’ decision to permit you to go on the tour, you will notify The Hellenic Odyssey in writing of any such change;

• You acknowledge that the obligation to disclose under this condition continues from the time of booking the tour through to departure and extends for the duration of the tour;

• The Hellenic Odyssey is permitted to disclose medical information to our consultant doctor for an opinion;

• You have taken the necessary precautions to immunise/vaccinate for the destination you are travelling to;

• You have taken out a travel insurance policy that adequately covers you for medical eventualities and/or pre-existing medical conditions.

The Hellenic Odyssey may refuse to allow you to participate in a tour at its sole and absolute discretion.Tour participants are requested to familiarise themselves with any health requirements specific to the countries being visited. It is highly recommended that you check and get advice from a medical practitioner and/or their local health authority or Consulate for the latest health requirements (i.e. precautions, vaccinations, etc.) applicable for travel to a destination.

9.     Tour Operators and Tour Leaders

The Hellenic Odysseys’ tour leaders take their responsibilities seriously and if for any reason a tour leader believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, he/she may exclude you from the tour. If for any reason during a tour the tour leader considers you should not participate further due to you committing an illegal act, or in the opinion of the tour leader, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health (mental and/or physical) is questioned, he or she may direct you not to continue and you must follow the tour leader’s instructions. In this case you will not be entitled to any refund.

The Hellenic Odyssey reserves the right to change, at any time, the tour leader of any tour. Any such change by The Hellenic Odyssey will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which may be suffered.

10.  Images

By signing these terms and conditions you certify that your image may be used without charge by The Hellenic Odyssey for promotional purposes including but not limited to the website, printed promotional items and promotional presentations, unless you notify us in writing that you do not wish to have your image used for these purposes.

11.  Complaints

If during the course of your trip you have a concern, please bring this to the immediate attention of the tour leader or relevant supplier (e.g. transport provider, hotelier). If your complaint is not resolved to your satisfaction, please contact The Hellenic Odyssey’s consultant by email or phone and they will endeavour to assist you. If your complaint cannot be resolved locally, please follow this up in writing within 30 days of your return home by writing.

12.  Route changes, Postponement, Cancellation or Delay

The Hellenic Odyssey reserves the right to:

• cancel or modify any routes within the tour set out in the itinerary; or

• substitute different or equivalent routes within the tour in place of cancelled or modified routes, or

• postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of The Hellenic Odyssey, it is necessary to do so due to inclement weather, or circumstances that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or if, in the absolute discretion of The Hellenic Odyssey, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by The Hellenic Odyssey. The Hellenic Odyssey also reserves, in its absolute discretion, the right to cancel any tour due to any government travel warning or advice, or any change in such warning or advice. In this event, condition 5 applies as if you cancelled the tour at the date that The Hellenic Odyssey cancelled the tour due to the governmental travel warning or advice. Travel insurance may compensate you depending on the circumstances and depending on your inclusions.

It is the responsibility of the passenger to be informed about the most current travel advisories and warnings by referring to their countries Embassy Department travel website. (You may contact us for information on Embassy location and contact details.) In the event of a travel warning against travel to the specific destination location(s) of the trip; The Hellenic Odyssey will also consult embassies to confirm or cancel a tour.

13.  Itineraries and brochures

Itineraries and other details are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by The Hellenic Odyssey. The information contained in The Hellenic Odysseys’ website, brochures, trip notes and pre-departure information is to the best of The Hellenic Odysseys’ knowledge and belief, correct at the date of publishing.

14.  Insurance

Personal travel insurance is not included in the tour price. It is a condition of booking a tour with The Hellenic Odyssey, and your responsibility to ensure that you are adequately insured for the full duration of the tour in respect of illness, pre-existing medical conditions, injury, death, loss of baggage and personal items and cancellation and curtailment. You must ensure that your personal travel insurance covers all of the activities you expect to participate in.

15.  Proof of citizenship or information required to travel

It is your responsibility to obtain proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including without limitation, improper documentation or failure to provide information. .

16.  Passports and Visas Policy:

It is your responsibility to ensure that your passport is current. All international passengers require a current passport with a minimum 6 months validity after the return date of any tour and at least two blank pages for immigration and visa stamps and it is your responsibility to check you have such validity. Visa requirements vary for different nationalities and depend on the countries visited during the tour. Passport and visa requirements are not our responsibility. We are not liable for any loss or expense due to a passenger’s failure to have a valid passport or visa.The Hellenic Odyssey cannot be held responsible for any delays, damages and/or losses, including missed portions of tours, related to improper or insufficient travel documentation.

17.  Force Majeure

If The Hellenic Odyssey is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside The Hellenic Odysseys’ reasonable control, The Hellenic Odyssey will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in condition 12. In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the tour price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.

18.  Assumption of risk

Travel and tours involve a level of risk and you acknowledge and agree that:

• you have submitted your booking for the tour after giving due consideration of relevant travel information including, without limitation, any relevant information or advice given by the government of your country and any other government warning, and that it is your responsibility to acquaint yourself with that information or advice.

• You accept the inherent and increased dangers and risks associated with the travel and proposed tour and the accompanying risk of injury, death or property damage or loss.

19.  No Liability

You acknowledge and agree that:

• where The Hellenic Odyssey acts as a booking agent for third-party tour operators it accepts no liability for the acts or omissions of those third-party tour operators and does not authorise any suppliers including hotel management to promise refunds on our behalf; and

• operational control of that tour may be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against The Hellenic Odyssey; and

• The Hellenic Odyssey will not be liable for any breach of any law or any acts or omissions of any person with whom you travel on the tour; and

• you may not rely on any representations concerning the tour made by The Hellenic Odyssey which are not contained in these conditions.

•The Hellenic Odyssey is not responsible for the acts of third parties including risk limited to, tour participants, taxi drivers, and drivers.

•If you wish to book any extra activities, please be aware that The Hellenic Odyssey cannot accept responsibility for any damages – financial, physical or otherwise – incurred in the undertaking of these activities. Contractual obligation lies directly between yourself and the activity supplier.

While on tour there may be instances where you may wish to join the Tour Operator or for activities in free time outside the tour programme which may involve catching taxis or using public transport to shopping/dinner locations or other destinations chosen at the time. The Hellenic Odyssey Tour Operator will not be liable for any accident, injury, death, property damage or loss in relation to such activities. By submitting the booking form, you agree to take part in these activities at your own risk.

20.  Release and discharge

To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge The Hellenic Odyssey and its representatives from all claims, actions or losses including but not limited to for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, direct or indirect or punitive damages or otherwise which may arise;

• in connection with or during the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of The Hellenic Odysseys’ representatives, or

• in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by The Hellenic Odyssey representatives in arranging such optional activities will not render the The Hellenic Odyssey representatives liable to you in any way.

21.  Australian Consumer Law

Under the Australian Consumer Law, statutory guarantees apply to the supply of recreational services of the kind offered by these terms and conditions. “Recreational services” is defined as including activities that involve a significant degree of physical exertion or risk undertaken for the purposes of recreation, enjoyment or leisure. These guarantees mean that The Hellenic Odyssey, as the supplier, is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are fit for their intended purpose.

Under the Australian Consumer Law, The Hellenic Odyssey, as supplier, is entitled to ask you to agree that these statutory guarantees will not apply to you. If you sign the Booking Form you will be agreeing that your rights under this agreement, (if you you suffer personal injury or death because the services provided were not rendered in accordance with these statutory guarantees), are excluded, restricted or modified in the way set out in this condition.

To the extent permitted by law, you hereby exclude, release and forever discharge all The Hellenic Odyssey and its representatives from all liability for any and all claims, loss, damage, cost or expense arising from your death or your suffering physical or mental injury or any other condition, occurrence, activity, form of behaviour, course of conduct or state of affairs as specified in section 139A of the Competition and Consumer Act 2010 (except in the case of liability arising from the reckless conduct on the part of The Hellenic Odyssey representatives) and connected with your participation in the recreational services which comprise the tour.

22.  Privacy

You permit The Hellenic Odyssey to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to The Hellenic Odyssey’s representatives in order to ensure your safety and well-being but will not be used by them for any other purpose.

23.  Waiver

A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.

24.  Severance of conditions

If any part of a condition is illegal, unenforceable or invalid, it is to be treated as removed from the conditions, however, the remainder of the conditions are not altered.

25.  Jurisdiction

This agreement and the rights and obligations of the parties will be construed and take effect in accordance with and be governed by the laws of Victoria, Australia.

26.  Disclaimer

The services The Hellenic Odyssey supplies consist of arranging and co-ordinating accommodation, tours and transfers, making bookings and issuing vouchers to be redeemed by suppliers if necessary. We exercise every care in the selection of reputable tour operators, coach operators, hotels and other suppliers of the various travel services which are used in these tours. It is important to note, therefore, all bookings with The Hellenic Odyssey are subject to the terms, conditions and limitations of liability imposed by the service providers whose services we utilise, some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage of baggage. Because of this The Hellenic Odyssey does not accept liability for events beyond our control nor liability for accidents incurred due to actions taken at your own risk.

27.  Valuables

The Hellenic Odyssey will not be responsible for any theft or damage of personal property. Please ensure you have adequate insurance.

28.  Responsibility

a) We do our best to provide you with photographs and illustrations that should give you an impression of the facilities offered. These photographs and illustrations aim to give you an idea of the standard of the facilities, but are not contractually binding.
b) Facilities available ‘outside the location’ together with connections arranged on the clients request will remain under the sole responsibility of the outside providers who organised them.
c) If you or any of your party suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your tour we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings.
d) The contractual terms of the companies that provide the transportation for your tour will apply to this contract. These may contain terms that affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices.
e) The contract is made on the terms of these booking conditions, which are governed by Law and the jurisdiction of the Courts.

The Hellenic Odyssey assumes no liability for any acts or omissions of any supplier including, without limitation, those involving failure to deliver or partial or inadequate delivery of services, overbooking or downgrading of services, cancellation of tours, schedule changes, re-routings, delay, theft, damage to or loss of baggage, property damage, accidents, death, sickness or injuries to persons regardless of cause, or other unforeseen events caused in connection with those service providers, their employees, agents, servants or representatives, whether or not any tours sold, services tendered or transportation provided is arranged through The Hellenic Odyssey. The Hellenic Odyssey does not accept including but without limitation to war or threat/acts of war, acts of government, acts of terrorism, fire, strikes or other labour activities, civil unrest, insurrection or revolt, quarantines, floods, weather conditions, natural disasters, incidents at sea, accidents or failure of mechanical equipment, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time or other disturbances of any kind which cancel, interfere with, or add cost to the services requested. There are certain inherent risks in adventure travel and at times there may be inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. Passenger assumes all such risks with regard to these possibilities. The Hellenic Odyssey is not liable for any negligent or will-full act of any such person or entity or of any third person.