Booking terms and conditions
Please read our Terms & Conditions carefully. They constitute the terms on which you enter into a contract with Enjoy Myanmar Holiday Tours & Travel Group Pty Ltd (hereafter referred to as “EMH tours”, “Enjoy Myanmar Holiday”, “we”, “our” or “us”). They contain some exclusions and limitations of liability. If any part of this agreement is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.
In these booking conditions, ‘you’ and ‘your’ means all persons named on the booking form (including anyone who is added or substituted at a later date). If there is anything you do not understand or want to know, please contact us before booking.
Your Contract is with Enjoy Myanmar Holiday Tours & Travel Group Pty Ltd, a company registered in Australia under Australian Business Number (ABN) 18 169 529 266, whose registered office is Unit 5, 28 Bringelly Road, Kingswood NSW 2747. All matters concerning this contract will be governed by the law wherever you live in the Australia or, if non-resident, Australian Law.
2) Booking your holiday
(a) To secure your booking, you should complete our Booking Form and send it to us.
(b) On receiving your Booking Form, we will reserve your holiday and issue you with a detailed invoice that has the due dates of a deposit AUD $100 per person and a final payment.
(c) The deposit payment is due in 5 days from the invoice issue date, otherwise your reservation may be automatically cancelled. If booking within 4 weeks of departure, full payment is required at the time of booking.
(d) On receiving your deposit payment, we will issue you with a Confirmation. It is at this time that a Contract is made between you and EMH tours that is subject to these booking conditions. We will normally confirm your booking within 2 working days although in some cases more time may be required. If for any reason we are unable to confirm your holiday and you are not satisfied with the alternative that we propose, we will refund your payment in full.
(e) The deposit is part payment of the holiday and full amount of your final payment is due not later than 4 weeks prior to departure. Please note that if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking and we shall be entitled to cancel the booking, retain your deposit and apply the cancellation charges as set out in paragraph 5.
(f) When applicable, your travel documents will be sent to you approximately four weeks prior to your departure. If booking within four weeks of departure, documents will be sent to you as soon as possible.
(g) Special requests should be indicated on the Booking Form or made in writing at the time of booking. Although we will try to arrange for reasonable special requests to be met, we cannot guarantee that they will be, and we will not be held liable if any special request is not met.
(h) If your booking is made through a travel agent, we will address all communications to that agent. All monies paid by you to a EMH tours’ appointed travel agent under or in contemplation of this contract are held by that agent on our behalf until they are paid to us.
(i) Where you also book an international flight for your holiday, we act only as a booking agent for the airline concerned, and accept no liability for the provision of the product/service involved.
3) Acceptance of booking
(a) Your booking is only accepted on the understanding that you realise that Asia can be an unpredictable region. We cannot be held responsible for the consequences or effects of flight cancellations, strikes, wars, riots, sickness, quarantine, government intervention, adverse weather conditions, mechanical breakdown, local political conditions or any other unpredictable or unforeseen circumstances that may have a consequential or material effect on the contents or timing of your holiday.
(b) We also ask you to note that infrastructure standards in Asia are often quite different from those accepted as usual in the Australia. This can include inter alia levels of service and the reliability of transport, food, accommodation, communications, power and water supplies. You should also be aware that the legal and health & safety requirements of many countries are lower in standard than those to which we are accustomed in the Australia.
4) EMH Tours Price Policy
(a) The itinerary of your holiday will contain details of what is included in the price of your package. Any items not detailed on the itinerary of your holiday are not included in the price of your package.
(b) The price of a tour may be varied at any time before we have accepted your booking. We reserve the right to make changes to and correct errors in quoted prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Please note that changes and errors occasionally occur and you must check the price of your chosen holiday at the time of booking.
5) Amendments & Cancellation
(a) Alteration by You
(i) We will do our best to accommodate any changes you wish to make to your holiday, but these may be subject to an amendment fee. Alterations to some services may be subject to a cancellation charge that will be advised to you at the time of the change. If changes are made within 4 weeks of departure, then the cancellation charges detailed in paragraph 5(b) below will apply and the revised arrangements will be treated as a new booking. Any request for alterations must be made in writing.
(ii) If you make changes to your itinerary after commencement of travel, any additional costs must be borne locally by you. No refunds will be made for products booked and then not used due to changes made by you.
(iii) If you wish to transfer your booking to another person, you may do so provided the reason for the transfer is personal illness, the death or serious illness of a close family member, jury service, redundancy or unavoidable work commitments. Requests for a transfer must be made in writing at least 30 days prior to departure and must be accompanied by full details of the person who will replace you, any outstanding balance due for your holiday and any such amount as our suppliers will require to effect the change. Please note that, in some cases, suppliers such as airlines treat name changes as a cancellation, levying 100% cancellation charges and requiring full payment for a new ticket.
(b) Cancellation by You
All cancellations must be advised to EMH tours in writing. Cancellations are effective on the day that they are received by EMH tours. The following cancellation charges will be payable, depending on the number of days prior to departure when we receive your notice of cancellation:
Days prior to departure date when written advice of cancellation received
Amount of cancellation charges as a % of total holiday cost:
40 – 31 days – Loss of deposit
30 – 15 days – 30%
Less than 15 days – 100%
If there is cause to cancel your booking you should refer to your holiday insurance policy. If cancellation is caused by illness or certain other unavoidable causes, the policy may apply and you may be able to recover the cancellation charges. In this connection, you are reminded that once a deposit has been paid and we have confirmed the booking, a contract exists and that we are entitled to make a claim in law for the above cancellation charges even if you have not completed payment of the balance of the holiday cost.
(c) Cancellation by EMH tours
(i) If you fail to pay the balance of the holiday price at least 4 weeks (30 days) before departure, we will treat your booking as cancelled and levy the cancellation charges set out in paragraph 5(b) above.
(ii) If we are obliged to cancel your holiday in any other circumstances, we will endeavour to offer alternative arrangements of a comparable standard or will give you a full refund. If cancellation is due to force majeure or circumstances otherwise beyond the control of EMH tours, we will be entitled to deduct from your refund any reasonable expenses that we may have incurred.
For the purposes of these booking conditions force majeure means any event which we or the supplier of the services in question could not foresee or avoid even with all due care. Such events may include, but are not limited to, the actual or threat thereof the following – war riots and civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside of our control.
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
7) Your details
In order for us to confirm your travel arrangements you must provide all requested details. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip. On receipt of travel documents you have a responsibility to check all documentation and tickets to ensure that all the names and details are correct and correspond with your passports. Any errors or corrections must be reported to us as soon as possible. We cannot accept liability for incorrect details on your travel documents unless caused by our negligence.
8) Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Up to date travel advice can be obtained from the Australian Department of Foreign Affairs and Trade, visit https://www.smartraveller.gov.au/.
Non Australian passport holders should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform our local representative or tour guide immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by email at email@example.com.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 14 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
10) Photos and marketing
We love seeing photos and videos of our tours, and are keen to use these in our marketing materials which are our Newsletters, our Facebook and Instagram accounts. You give us permission to take photographs and/or videos on the tours and you grant us full rights to use the images resulting from the photography/video filming. Otherwise, you can advise us at the time of booking.