ENCORE JOURNEYS

TERMS AND CONDITIONS


DEFINITIONS


Encore Journeys means Encore and Brown Pty Ltd (ABN: 41 160 364 554) trading as Encore Journeys.

Contract means the agreement between the Customer and Encore Journeys for the provision of Services by Encore Journeys to the Customer, as defined in Clause 2 of these Terms and Conditions.

Booking means a booking for Services confirmed in writing by Encore Journeys pursuant to Clauses 2 and 3 of these Terms and Conditions

Booking Fee means any and all amounts the Customer must pay to Encore Journeys in respect of Services as quoted by Encore Journeys in accordance with Clause 3, and subject to change in accordance with Clause 4.

Customer means the person acquiring Services from Encore Journeys.

Services means:

  1. the creation and planning of travel itineraries by Encore Journeys;
  2. the planning, organising, and booking of, and the payment for, travel arrangements and/or products (including, but not limited to, accommodation, transport and cruises) by Encore Journeys on behalf of the Customer; and
  3. any other product or service supplied by Encore Journeys to the Customer, but does not include any travel arrangement or product provided by Suppliers.

Service Fee means any and all amounts the Customer must pay to Encore Journeys in respect of the travel agency service fees for providing Services as defined in these Terms and Conditions.

Suppliers means any third parties providing or responsible for providing travel arrangements and/or products (including, but not limited to, accommodation and transport) in connection with Services.

Force Majeure means any event which is outside the control of Encore Journeys or Suppliers including, but not limited to, war (actual or threatened), riots, terrorist activity (actual or threatened), industrial action (actual or threatened), natural disasters, fire, disease and adverse weather.

Contract
  1. These Terms and Conditions apply to all Services provided by Encore Journeys to the Customer and constitute the entire contract between Encore Journeys and the Customer.
  2. By requesting a booking and paying a deposit for Services provided by Encore Journeys, the Customer indicates that it has read, understood and agrees to be bound by these Terms and Conditions.
  3. The Contract between Encore Journeys and the Customer comes into existence when Encore Journeys accepts and processes the Customer’s deposit, or full payment of the Booking Fee if required pursuant to Clause 3, and provides confirmation in writing of the Customer’s Booking to the Customer.
Booking & Payment
  1. The Customer must contact Encore Journeys to request a quotation for Services from Encore Journeys.
  2. Encore Journeys may provide a quotation in respect of Services (Quotation).  Quotations are subject to change until Services are confirmed by our Suppliers and the applicable deposit or Booking Fee is paid in full.
  3. The Customer must provide any and all information and documentation as requested by Encore Journeys (for example, passport details).
  4. The Customer may be required to pay a deposit to Encore Journeys at the time of requesting a Booking as a prerequisite to Encore Journeys confirming the Booking. The amount of the deposit will include the Service Fee in addition to any other fees, charges or costs levied by Suppliers. (This will be advised in the Quotation.)
  5. In certain cases, the Customer may be required to pay the Booking Fee in full to Encore Journeys at the time of requesting the Booking as a prerequisite to Encore Journeys confirming the Booking. (This will be advised in the Quotation.)
  6. The nature of the Services and the travel arrangements and products provided by Suppliers means Encore Journeys may not be in a position to confirm all requested travel arrangements and/or products at the time of booking. Obtaining confirmation of all travel arrangements and/or products may take up to 2 weeks or more.
  7. The Customer must pay any remaining balance of the Booking Fee, including any change in accordance with Clause 4, to Encore Journeys by the date specified in the Quotation.
  8. Should Encore Journeys be unable for any reason to confirm or provide some or all key Services, travel arrangements and/or products and/or offer suitable alternative Services, travel arrangements and/or products, then subject to Clause 7 Encore Journeys will refund all monies (less a Service Fee and any unrecoverable amounts) to the Customer.
  9. If any payments are not received when required, Encore Journeys may treat a Booking as cancelled and subject to the applicable cancellation fees outlined in Clause 6.
  10. Payment can be made by bank transfer, bank cheque, debit card or credit card. Credit Card surcharges apply.
Pricing
  1. All prices advertised or provided by Encore Journeys (for example, as listed in Encore Journeys’ brochures, marketing materials and website) are in Australian Dollars unless otherwise specified, are for guidance only, and are subject to change without notice. Although every effort is taken to ensure prices are accurate at the time of publication Encore Journeys cannot and does not guarantee these prices. Prices advertised or otherwise provided are subject to any Quotation provided to the Customer.
  2. Where there is a change in the costs incurred by Encore Journeys in providing Services, such as fluctuations in exchange rates, airfares, fuel costs and other operating costs on which prices are based, Encore Journeys reserves the right to adjust any price and the Booking Fee by the amount of that change, including any amount of tax or duty, unless the Customer has paid the Booking Fee in full.  If the Customer has paid the Booking Fee in full the Customer will not be subject to any increase in price or Booking Fee.
  3. Encore Journeys may correct any error in any prices advertised, otherwise provided or forming part of a Quotation provided by Encore Journeys at any time.
Amendments by the customer
  1. The Customer must notify Encore Journeys in writing if they wish to request any amendments to a Booking once it has been confirmed. Encore Journeys does not guarantee that such a request can or will be met.
  2. All amendment requests are subject to the terms and conditions imposed by Suppliers.
  3. If the amendment request is permitted, the Customer may be required to pay an amendment fee per person per amendment to Encore Journeys at the time of requesting an amendment to a Booking. The amendment fee will include a Service Fee in addition to any other fees, charges or costs payable as a result of the requested amendment including fees, charges or costs levied by Suppliers.
  4. After full payment of the Booking Fee, an amendment request may be treated by Suppliers as a cancellation and re-booking and the cancellation fees outlined in Clause 6 will apply. Encore Journeys will notify the Customer of any amendment or cancellation fees that are applicable.
Cancellations by the customer
  1. The Customer must notify Encore Journeys in writing if the Customer wishes to cancel their Booking and a cancellation is not effective until such notification is received by Encore Journeys.
  2. All cancellation requests are subject to the terms and conditions imposed by Suppliers.
  3. The Customer may be required to pay a cancellation fee per person to Encore Journeys at the time of requesting a cancellation of a Booking. The cancellation fees can vary and in some cases may be 100% of the Booking Fee. The cancellation fee will include a Service Fee in addition to any other fees, charges or costs payable as a result of the requested cancellation including fees, charges or costs levied by Suppliers.
Amendments or cancellations by Encore Journeys
  1. All reasonable care has been taken to ensure that the descriptions, facts or opinions in the Encore Journeys brochures, marketing materials and website are accurate at the time of publication. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. Advertised facilities, services, schedules, laws and Suppliers’ programs may change and Encore Journeys is not responsible for such changes.
  2. Services may be amended or cancelled at any time due to Force Majeure or government travel advice. If Services are so cancelled, Encore Journeys will (a) attempt to reschedule the Services for an alternate date mutually agreed upon by Encore Journeys and the Customer, or (b) refund the Booking Fee to the Customer, less any unrecoverable amounts and any costs incurred by Encore Journeys including Service Fees. Encore Journeys is not liable to pay the Customer any other compensation or to meet any other fees, charges, costs or expenses that the Customer has already incurred or incurs as a result of such cancellation.  
  3. The Customer’s itinerary may be amended at any time without notice due to local circumstances or events outside Encore Journeys’ control such as, but not limited to, adverse weather, mechanical breakdowns, poor road conditions or a change in Suppliers’ schedules.  Encore Journeys is not liable to pay the Customer any compensation or to meet any fees, charges, costs or expenses that the Customer has already incurred or incurs as a result of such amendment. 
  4. Encore Journeys will notify the Customer of any amendment or cancellation at the earliest opportunity by phone, email or post.
Encore Journeys Obligations & Liability
  1. The Customer acknowledges and agrees that the Services offered by Encore Journeys require flexibility and must allow for alternatives. Itineraries in Encore Journeys’ brochures, marketing materials and website are only an indication of what Services may accomplish, and are not a contractual offer or obligation on the part of Encore Journeys. The Customer acknowledges and agrees that itineraries, schedules, amenities and modes of transport may change without prior notice as outlined in Clause 7.
  2. Encore Journeys acts as a booking agent for Suppliers. Encore Journeys is not responsible for any act, omission or representation of Suppliers. All Bookings are subject to the terms and conditions of, and the laws and regulations applicable to, Suppliers and these may limit or exclude liability to the Customer and may be subject to provisions of international conventions.
  3. Encore Journeys is not be responsible for any claim, injury, illness, death, loss (including loss of enjoyment), damage, expense, delay, inconvenience, stress, cost or other sum or claim of any description whatsoever which results from any of the following:
    1. the act(s) and/or omission(s) of Suppliers;
    2. the act(s) and/or omission(s) of the Customer or any travel companion(s);
    3. the act(s) and/or omission(s) of a third party (including any private or government organisation, or one of its officers, employees or agents); or
    4. Force Majeure as defined in Clause 1.
  4. To the full extent permitted by law, Encore Journeys excludes any and all responsibility or liability in contract, tort or otherwise, and any warranty, guarantee or other right otherwise provided for or implied by law, for any claim, consequential, economic or other loss, damage (including punitive damage), cost, expense, injury, death, delay, inconvenience or loss of enjoyment suffered by the Customer or any third party, directly or indirectly, in connection with Services.
  5. To the extent that any warranty, guarantee or similar right cannot be excluded, to the full extent permitted by law such warranty, guarantee or similar right is limited to the supply of alternative Services or the reimbursement of the cost of the original Services as provided for in these Terms and Conditions.

 

Customer’s obligations & acceptance of risk
  1. The Customer acknowledges that there are risks associated with travelling which are beyond the control of Encore Journeys or Suppliers such as but not limited to weather conditions, illness, injury, political unrest, loss or damage to property, criminal acts, inconvenience and discomfort. Some activities carry inherent risks and if the Customer wishes to participate, the Customer may be requested to sign an additional waiver form. It is the Customer’s responsibility to ensure that the Customer is physically fit enough to participate in any activity and the Customer must take reasonable precautions for the Customer’s own safety.
  2. The Customer acknowledges that the standards of the travel arrangements and/or products in the countries the Customer visits as part of Services may at times not be of the standard that the Customer is used to in the Customer’s country of residency.
  3. The Customer must comply with all laws, regulations and customs of all countries visited.
  4. The Customer must notify Encore Journeys Head Office of any complaint as soon as possible, to provide Encore Journeys the opportunity to rectify the issue. If Encore Journeys is unable to resolve the issue whilst the Customer is travelling and the Customer remains dissatisfied, they must notify Encore Journeys in writing within 30 days of the Customer’s return.
Travel insurance
  1. The Customer must purchase adequate and valid travel insurance when purchasing Services with Encore Journeys. Coverage should take effect from the date when the Contract with Encore Journeys comes into existence.  Coverage should be comprehensive and include cover for amendment and cancellation costs. (Encore Journeys can recommend travel insurance providers that will provide adequate liability, medical and holiday cancellation insurance.)
  2. The Customer must provide details of the Customer’s insurer and policy number to Encore Journeys for its records. 
  3. If the Customer elects not to purchase travel insurance, the Customer must complete an Insurance Waiver Form. Encore Journeys may decline or cancel the Customer’s Booking and charge the Customer the applicable cancellation fees if the Customer fails to complete this Insurance Waiver Form.
  4. Encore Journeys will not be held responsible for any expenses, loss or damage the Customer incurs as a result of any failure to comply with this Clause or the requirements of the Customer’s travel insurance policy. It is the Customer’s responsibility to ensure that the insurance cover the Customer purchases is suitable and adequate for their particular needs.
Passport, visas & health requirements
  1. The Customer must have a valid passport with at least 6 months validity from their return date and must have obtained any and all appropriate visas and permits for the countries the Customer is visiting before their date of departure. Passport, visa, permit and other entry requirements (including health requirements) and costs are the responsibility of the Customer. Encore Journeys can recommend visa service providers that will assist with visa application processes.
  2. The Customer must obtain any vaccinations or other health precautions and any health advice relevant to the countries the Customer is visiting and the Customer’s personal circumstances.
  3. The Customer must notify Encore Journeys of any pre-existing medical conditions the Customer has that might affect the provision of Services to the Customer and participation in the Services by the Customer.
  4. If requested by Encore Journeys or our Suppliers the Customer may be required to provide an assessment of the Customer’s medical condition by completing a Medical Clearance Form which requires certification by a medical practitioner.
  5. Encore Journeys or our Suppliers may decline or cancel the Customer’s Booking on the basis of information provided by the Customer including information provided as part of the Medical Clearance Form.
Personal information & privacy
  1. Encore Journeys may obtain personal information from the Customer and may disclose this information to Suppliers or other third parties as part of providing the Services requested by the Customer. Please refer to Encore Journeys’ Privacy Policy on our website: www.encorejourneys.com.au
Governing law
  1. This Contract is governed by and construed in accordance with the laws of the State of Victoria, Australia.
  2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Victoria, Australia in regard to any claim or matter arising under this Contract.
Severability
  1. Any provision of these Terms and Conditions which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions or the validity of that provision in any other jurisdiction.
Prize Draws and Competitions
  • Only one entry per household / email address will be entered into the draw.
  • Competitions are open to residents of Australia. The prize must be dispatched to an Australian postal address.
  • Winners will be notified via email and/or social media/mobile phone (as per the entry platform used).
  • By entering the competition or prize draw, you agree to these terms and conditions and any publicity related to it.
  • Competitions and prize draws are open to anyone excluding employees of Encore Journeys or their affiliated companies, their immediate families or anyone professionally associated with this competition draw and their immediate families.
Gift Certificates

Gift Certificates with Encore Journeys are an exciting present or incentive that will provide a friend, relative, colleague or business associate with a truly exceptional travel experience. You can choose to select a $ amount, or pay for a specific travel experience.

Of course, there are terms that are associated with the certificates and we have aligned ourselves with major travel providers to provide the most straightforward terms possible:

Please treat our certificates like cash. Defaced, mutilated, altered, lost or stolen certificates may, at the discretion of Encore Journeys, be replaced or redeemed upon the payment of a replacement fee (as determined by Encore Journeys).

The value of our certificates is in Australian Dollars (AUD), or can be based on a specific travel product as shown on the voucher which Encore Journeys will book on your behalf (as identified on the voucher).

Encore Gift Certificates are only redeemable for merchandise or services at Encore Journeys in Australia.

Encore Journeys Gift Certificates:

  • Are not redeemable for cash, travellers cheques or foreign currency.
  • Must be redeemed before the expiry date shown on the certificate
  • Will be void and may not be redeemed after expiry date.
  • Cannot be increased after issue
  • Is partially redeemable in that it can be used on more than one occasion
  • Recipient names may be changed when you redeem the certificate
  • Are valid for 24 months from date of issue. It is up to the holder of the certificate to use the full value before the expiry date

Encore Journeys is not obliged to accept the use of a certificate on a sale of under AUD$20

Cash will not be given for any unused balance. An unused balance on expiry of this voucher will not be refunded or credited.

If your purchase exceeds the available certificate balance, you must make up the difference with another payment method. You are liable for all transactions on your certificate. Please check the available certificate balance by calling Encore Journeys on 1300 080 822.

We reserve the right to change any terms contained in these Terms and Conditions of Use at any time.

Changes to Terms and Conditions of Use will be available on this website (www.encorejourneys.com.au).

Contact Encore Journeys on 1300 080 822 if you have any reason to believe an error has occurred in relation to your certificate. Please note that Concierge Service Fees may apply when making a booking through Encore Journeys.

Honeymoon Registry Service

1. There is a minimum contribution amount of AUD$50 and there is no maximum contribution amount.

2. Contributions to the Honeymoon Registry are held in the Encore Journeys Client Trust Account and are used solely for the Honeymoon Registry couple.

3. The Honeymoon Registry couple may elect to keep their holiday destination confidential from contributors.

4. The specified closing date for contributions to the Honeymoon Registry is at the discretion of the Honeymoon Registry couple. Our recommendation is one week after the wedding.

5. Payment for contributions can be made by bank transfer, debit or credit card. A Credit Card Administration Fee of 2.5% + GST will apply for Visa & MasterCard and 2.8% + GST will apply for American Express.

6. Once all contributions have been collected and the closing date has passed, the Honeymoon Registry couple will be notified in writing of the total value collected in their account and provided with a Guest Contributions Report.

7. A deposit amount (determined by the supplier/s used to provide the travel arrangements that the Honeymoon Registry couple selects) will be due at the time of booking. In certain cases, payment may be required in full at time of booking. If insufficient funds have been collected in the Honeymoon Registry account by the date that the deposit or full payment is due, it will be the responsibility of the Honeymoon Registry couple to ensure that the amount required is paid in full and on time.

8. Once all costs for the honeymoon have been met, if contributions exceed the value of the travel arrangements selected by the Honeymoon Registry couple, or if contributions are made after the closing date, the following options will be available:

  • The remaining monies can be utilised to purchase an Encore Journeys Gift Certificate for future travel arrangements (Monies are held in the Encore Journeys Client Trust Account).
  • The remaining monies can be refunded to the Honeymoon Registry couple.

9. In the event that the couple should decide not to book a honeymoon through Encore Journeys, the Honeymoon Registry couple must notify Encore Journeys in writing and is not effective until such notification is received by Encore Journeys. An Encore Journeys service fee will be imposed. The service fee will be determined at that time and is at the discretion of Encore Journeys, but will be no greater than AUD$250 per person. The service fee is an estimate of Encore Journeys’ costs and expenses in relation to a cancellation. The Honeymoon Registry couple acknowledges and agrees that this service fee is reasonable.

  •  Once the service fee has been agreed, a refund of the remaining monies will be made to the Honeymoon Registry couple. Encore Journeys will not be responsible for returning any monies to individual contributors.

10. In the event of a cancellation of travel arrangements that have been booked for the honeymoon, the Honeymoon Registry couple must notify Encore Journeys in writing and is not effective until such notification is received by Encore Journeys. Any refunds will be calculated in accordance with the cancellation terms and conditions of the supplier/s used to provide the travel arrangements that the Honeymoon Registry couple selected and the Encore Journeys service fee as outlined in Clause 9.