Terms & Conditions
These Terms and Conditions (“Terms”) form a legal agreement between Tiddy Travel ABN: 98 574 609 001 (“we”, “our” or “us”) and users of our website (“Site”) and customers who book or participate in our services (“you”, “your”). Please read these Terms carefully. Your use of our Site or purchase of our services, indicates that you have read, accept, and agree to be bound by these Terms.
1. Description of Services
Tiddy Travel provides booking services in respect of travel, accommodation and other leisure activities. Tiddly Travel does not provide any of the travel, accommodation or other activities on your holiday but works with suppliers to plan and book trips on your behalf. We act as a travel agent in booking these services and work closely with a network of trusted partners including accommodation providers, tour operators and transport operators.
2. Changes to Terms
We may revise and update these Terms at any time at our discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes. We do not undertake to keep our Site up-to-date and we are not liable if any content is inaccurate or out-of-date.
3. Privacy Policy
Our Privacy Policy explains how we collect, use, and disclose your information. By using the Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy. We may use information in accordance with our Privacy Policy.
4. License to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without prior written consent.
5. Prohibited Conduct
You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, which we would consider inappropriate, or which might bring us or our Site into disrepute, including without limitation:
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
6. Third Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. Discontinuance
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
8. Warranties and Disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free, or free from viruses; or
our Site will be secure.
You read, use, and act on our Site and the Content at your own risk.
9. Acceptance of booking request
We reserve the right to decline any booking request at our absolute discretion. To secure a booking, payment must be made either in full or with a deposit via our online checkout. When you submit your booking request and deposit, the booking is is not confirmed until we accept your booking and send you an email to confirm that your on-request booking has been confirmed. The date on which we send you this confirmation of your booking is the effective date that a contract between you and us will come into existence. An acknowledgment of your booking request is not a confirmation of your booking. Please note that we will not be liable for any expenses, fines, penalties, costs, liabilities, damages, or losses incurred as a result of failure to read and follow the instructions as listed on your booking request.
By making a booking, you, as the person who makes the booking (“named person”) guarantees that:
You are over the age of 18 years and have the authority to accept and do accept on behalf of all persons detailed on the booking (“Party”, “Parties”) the terms of these booking conditions;
You accept financial responsibility for payment of the booking on behalf of all Parties;
All members of the Party are of the appropriate age to engage in our Services [18 years old at the time of travel];
You are responsible for the accuracy of all information including personal details in respect to yourself and your Party;
You consent to our use of personal information in accordance with our Privacy Policy;
You appreciate and accept the risks involved in travel;
You agree to abide by the Travel Pact;
You have read these Terms and general information pages/FAQs contained on our Site and agree to be bound by them; and
You and all members of your Party do not suffer from any pre-existing medical condition or disability which may prevent you or any Party from actively participating in the Tour.
10. Pricing and Payment
We accept the following payment methods: credit card, debit card, bank transfer and Apple pay. We use Tourradar as our payment processor for the online checkout.
All prices of our published trips are listed in Australian Dollars (AUD) unless otherwise stated and inclusive of all Australian taxes, charges and service fees including GST (where applicable). All prices are subject to availability and can be withdrawn or varied without notice. Before your booking is confirmed, we reserve the right to increase or decrease trip prices.
We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed trips solely to allow for increases which are a direct consequence of changes in:
the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports (up to a maximum of 10% of the trip cost);
and the exchange rates relevant to the package.
If you choose to pay a deposit and the remaining balance in installments, you agree to adhere to the following payment schedule:
90 Days Prior to Trip - 50% of Trip Cost Due
60 Days Prior to Trip - 75% of Trip Cost Due
30 Days Prior to Trip - 100% of Trip Cost Due
If we have not received payment by the due date, we reserve the right to charge the credit card we have on file for the owed amount. If payment fails, we shall be entitled in our discretion to treat the missed payment as a breach of contract, cancel your reservation, and impose the cancellation fees specified in this agreement. We also retain the right to assign your spot to the next eligible traveler on the Waitlist without any refund to you.
11. Accuracy and Timeliness of Information
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking. We reserve the right not to honour any published prices that we determine were erroneous due to printing, clerical or electronic error, except in the case of manifest error by us. In the event of a price decrease, we are not obliged to refund you to match any subsequent price reduction after order placement.
12. Cancellations and Refunds
12.1 Cancellation by you
If you or any other member of your Party decides to cancel your confirmed booking, you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Since we incur costs in cancelling your arrangements, and many arrangements we make with third parties are non-refundable, you will have to pay the cancellation charges as follows. The cancellation charges are calculated from the day written notification is received by us and as a percentage of the total tour price per person cancelling.
The cancellation charges shown below are those which will apply to most trips:
a) 90 and more days before trip start date – retention of monies paid to date or $500 per person, whichever is lower;
b) 45-89 days before trip start date – 50% of trip cost;
c) 30-45 days before trip start date – 75% of trip cost;
d) 29-0 days before trip start date – 100% of trip cost.
Comprehensive travel insurance is mandatory when booking through Tiddly Travel and we recommend ensuring your policy includes appropriate cover for cancellation.
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment, and we suggest that any claim is made directly with them.
12.2 Cancellation and changes to your Tour by us
As we plan your trip arrangements many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes to your Trip
If we make an insignificant change to your trip, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant changes include alteration of operators used for day trips, change to the itinerary, change of accommodation to another of the same or higher standard.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change of accommodation area for the whole or a significant part of your time away;
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
(c) A significant change to your itinerary, missing out one or more inclusions entirely.
Cancellation
We will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we must make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
accepting the changed arrangements; or
a credit note for all monies paid to date; or
a refund unless cancellation is due to force majeure.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Cancellation due to Force Majeure
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability, refund, or pay compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss, or expense of any nature as a result of “Force Majeure”. For the purposes of these Terms & Conditions, Force Majeure means any event beyond our or our operator’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), 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, natural or nuclear disaster, disease, fire, unavoidable technical problems with transport and all similar events outside our or the operator(s) control.
13. Changes to Bookings
If you wish to change any part of your booking after our e-mail confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Changes are subject to availability and at our discretion.
Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you, and the cancellation terms apply.
14. Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
that person is introduced by you and satisfies all the conditions applicable to the Tour;
we are notified not less than 7 days before departure;
you pay any outstanding balance payment, an amendment fee of $100 (AUD) per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
15. Your Details
If you book via our website, we will communicate with you by e-mail. You must accordingly check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment). All e-mails should be sent to hello@tiddlytravel.com.
16. Third Parties
Many experiences such as excursions and activities included are operated by independent third-party operators including activity providers, accommodation providers, coach and transfer companies, tour and local guides, government agencies, independent contractors, and other individuals to assist in the operation of our Tours. These are not part of your contract with us.
These third-party operators may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable third-party operators, we cannot be responsible for their acts or omissions. Any services provided by third-party supplies may be subject to the terms and conditions imposed by these third-party operators and you may be required to sign additional terms. These may limit or exclude the liability of the third-party operator.
You acknowledge and agree that any excursion, activity, or other service provided by a third-party operator is subject to the terms and conditions, policies, local laws, and limitations of liability in respect to the third-party operator. It is your responsibility to familiarise yourself with and abide by these terms and conditions.
We shall not be held liable for any losses, damages, injuries, accidents, delays, or any other issues arising from or related to the provision of services by third-party operators. Any claims, disputes or concerns regarding the excursion, activity or other services should be directed to the respective third-party operator.
You are encouraged to review the terms and conditions, safety measures, insurance coverage, and any other relevant information provided by the third-party operator before participating in the activity, excursion, or other service.
We shall not be held vicariously liable for any intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.
We are not responsible for providing the experience, or anything that happens during the experience. Some experiences involve outdoor activities and/or can be physically demanding and may require signature of a waiver. You must make your own decisions about experiences and participate only in activities that suit your physical ability. We suggest that you speak with your medical provider if you have questions about your abilities. We recommend you check whether any insurance you have also includes your participation in adventure activities you may undertake.
17. Travel Documents and Insurance
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 in relation to your 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.
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.
Adequate travel insurance is mandatory and is a condition of your contract with us. You are responsible for arranging your own insurance cover. You are responsible for ensuring that you have alternative personal travel insurance with protection for the full duration of the tour in respect of at minimum medical expenses, injury, death, repatriation, cancellation, and curtailment, with adequate and appropriate cover. We recommend that you ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your trip. You should satisfy yourself that the travel insurance you purchase meets your particular requirements and should arrange supplementary insurance if need be.
18. Your Obligations
You must provide any information we ask for in good time and are responsible for providing accurate information to us. This includes the onboarding form that you will be asked to complete prior to your Tour. It is important that you complete all information we request accurately and on time as we cannot be held responsible for any problems or additional costs that may arise from any inaccurate or incomplete information that you may provide.
You agree to accept the authority and decisions of our employees, trip hosts, agents and guides whilst taking part in your tour. If in the opinion of any such person(s) or any other person in a position of authority, your health, level of fitness or conduct at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of yourself or any third party (including any other clients of ours) or the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without refund or recompense, this will also be the case where it is discovered that you have committed a criminal act (such as causing damage).
In the case of ill health, we may make such arrangements we see fit and recover the costs thereof from you.
If you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not be liable for any expenses or costs incurred as a result of the exclusion nor refund you for any unused services.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other operator or to us as soon as possible. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Any clients who have taken part in racist / offensive / abusive or any other form of discriminatory behaviour to any of our clients or to any third party will be excluded from the tour and will receive no refund for any missed services or accommodation.
19. Health Requirements
All customers must possess appropriate fitness (whether physical, medical, or otherwise) that deems them well enough to travel. It’s your responsibility to ensure that you’re aware of any specific health requirements for your travel destination(s) prior to order placement and be responsible for ensuring that any applicable needs can be met during travels.
This includes understanding whether you are authorised to carry or use certain medications and or medical/mobility equipment (including batteries with respect to flights and cruises) and/or whether you are required to provide supporting medical documentation such as prescriptions or medical certificates.
For some countries, a failure to disclose a health condition, proof of vaccination or a medical certificate may result in the applicable country/airline/cruise refusing you entry/boarding, or in you being detained, expelled, or repatriated from the applicable country at your cost.
20. Limitation of Liability
Our Services may come with guarantees that cannot be excluded under Australian Consumer Law. “Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Terms. This clause does not limit or exclude your rights under the CCA.
Where the law implies a warranty into these Terms which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
21. Indemnification
To the maximum extent permitted by law, you must indemnify us (our directors, officers, subsidiaries, employees, contractors, and agents) and hold us harmless, against any liability suffered or incurred by a third-party arising from or in connection with your use of our Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
22. Waiver and Release from Liability
You acknowledge that there are inherent risks involved in travel and particular activities give rise to additional risks. Additional risks may arise including, but not limited to, hazards of travelling in undeveloped areas, hazards of travel by boat, train, bus, car, truck, aircraft and other means, animals, forces of nature, political and civil unrest, differing levels of sanitation, differing safety standards, risks associated with water, drinks, food, plants, insects and animals, diseases and transmission of disease to you or members of your family or Party, accident or illness in areas of difficult evacuation or poor medical facilities, acts of governments; all occurring during the trip or while coming to or returning from the trip.
By agreeing to these Terms and engaging in our Services, you acknowledge that you accept all risks associated with your Tour and related activities.
You release and discharge us and our related companies, agents, directors, contractors and employees from, and agree not to make a claim against any of them for, any and all claims, known or unknown, arising from contracting for, travelling to or from, or travelling during, and in any and every way participating in a trip, even where caused by negligence of any of these released and discharged persons and entities. This release and discharge of liability, assumption of risk and agreement not to make a claim is entered into on behalf of you and all members of your family and Party, also including minors. This also binds your heirs, legal representatives, and assigns.
23. Intellectual Property
Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all content. You use of our Site and you use of and access to any content does not grant or transfer to you any rights, title, or interest in relation to our Site or the content. You must not:
copy or use, in whole or in part, any content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any content to any third party; or
breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the content, causing any of the content to be framed or embedded in another website or platform, or creating derivative works from the content.
24. Severability
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
25. Interpretation
The headings used are for convenience only and shall not be deemed to define, limit, or construe the contents of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
26. Entire Agreement
These Terms and any policies posted by us on our Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
27. Governing Law
Your use of our Services or our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Tiddy Travel (Sunhaven Investments Pty Ltd) ABN: 43 676 265 320
Email: hello@tiddlytravel.com
Last update: 5/10/2023