General Information and Conditions
Terms & Conditions
The following terms and conditions (‘booking conditions’) form the basis of your contract with Australian Pacific Touring Pty Ltd (Botanica’s parent company – “APT”, “Botanica”, “we”, “our”) of #530, 999 Canada Place, Vancouver, British Columbia, which is registered in Canada under company number AA073478. Please read them carefully as they set out your and our respective rights and obligations.
General Conditions
By asking us to confirm your booking, we are entitled to assume that you haves had the opportunity to read and have read these booking conditions, that you agree to them and that you agree to them applying to your holiday arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conditions to your ‘holiday package’ are references to the tour package you have booked with Botanica. References to ‘excursions’ are references to short trips or tours included or available as part of your holiday package.
BEFORE YOU BOOK
Price Validity
Published prices are valid at the time of publication but are subject to change. They may be varied by advertising or special offers, or changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. The most up to date pricing may be found on our website www.botanica.travel. Prices will be confirmed at time of booking and honoured for up to seven days. Once the non-refundable security deposit is paid the price will be guaranteed. All holidays are subject to availability at the time of booking.
A non-refundable US$500 per person security deposit is required within seven days of booking.
Final payment is due 100 days prior to departure unless otherwise stated.
Final payment is required at 130 days prior to departure for:
• Landscape & Gardens of Kangaroo Island & the Lower Murray River BTKMR10
• Gardens, Art & Cuisine of the Canal du Midi & theFrench Riviera BTMCC10
• Renaissance Gardens of Italy by Canal Boat & Tuscan Landscapes BTIBC10
• Boutique Canal Cruise & Dutch Tulips During Spring BTDT9
• Luxury Cruise & Floral Diversity of Australia’s Eastern & Southern Coasts BTCSC18
For Australian and New Zealand tours, final payment is due 60 days prior to departure.
Botanica reserves the right to cancel any ticket or booking or, refuse to honour any price or carry any passenger where payment has not been received by Botanica within the specified time. All fares and charges are in US dollar currency. Payment in full is required at the time of booking for reservations made within the final payment period. If a reservation cannot be confirmed, all monies will be refunded.
Price Change
Changes in transportation costs, including the cost of fuel dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no price change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of $1 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another vacation if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your vacation go down due to the changes mentioned above, by more than 2% of your vacation cost, then any re-fund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Airline Deposits and Payments
The holiday package deposits shown above exclude any commercial airline payments, should Botanica be arranging flights with your booking. The required payments and payment schedule for flights will be advised by your Guest Relations consultant.
Travelling with Minors
Children under 12 years of age are not recommended on tours and cruises. Children under 18 years of age must be accompanied by an adult and share their accommodation with an adult.
Included in Holiday Package Price
All coach and travel, accommodation, airfares (if indicated in individual itinerary), gratuities, airport transfers on the first and last day, sightseeing, specified excursions, meals, admissions, port charges and the services of Botanical Guides and Crew as stated in your itinerary.
Not Included in Holiday Package Price
Airfares (unless stated), airport taxes, meals and drinks other than those specified in the itinerary, passport and visa fees, excess baggage, fuel surcharges, gratuities not specified in your itinerary, vaccinations, government taxes and laundry (unless stated).
Choosing Your Holiday
Holidays operate on nominated dates. To maximise enjoyment of your Botanica holiday and to ensure that it lives up to your expectations, it is important that you choose the right holiday package for your requirements. Our marketing collateral contains limited information, however, there is more information online at www.botanica.travel and our qualified staff are available to discuss your options.
Gratuities
Gratuities for the land portion of your tour, shore excursions, and on board your river or expedition cruises are included within the tour price. Gratuities cannot be redeemed for cash.
Hotels
Hotel rooms in Europe are often smaller than those in Australia and New Zealand. In more remote places, hotel standards may not be quite as high as in major centres. Botanica endeavours to utilise the most suitable accommodation available in each destination to ensure that passengers enjoy high levels of cleanliness, comfort and service. The hotels listed will be used on almost all holiday packages, however, if a change is necessary for any reason, Botanica will endeavour to ensure that alternative accommodation is of an equivalent standard to those shown. Hotel rooms are generally not available for check-in before 3pm and require check-out by 10am.
Twin or Double Rooms
Accommodation in all hotels, regardless of the rating, is in standard rooms (sometimes named superior/deluxe) based on twins or doubles unless otherwise stated.
Solo Travellers
A limited number of single rooms/suites/cabins may be available by request at time of booking your cruise/holiday package. Single room/suites/cabins are not available on certain cruises. Single rooms/suites/cabins are usually smaller than standard twin or double rooms and often only have one single bed.
Cruising – Cabin/Suite/Stateroom Selection
Botanica will make every effort to assign specific cabins, cabin numbers or locations on the ship if requested. If this is not possible, Botanica reserves the right to make changes to cabin assignment, within the category booked, without prior notice.
Passengers Needing Special Assistance
Botanica welcomes passengers with disabilities or special needs however, please note the following:
1. Any disability or medical condition requiring special attention must be reported to Botanica at the time of booking including all important information relating to your health, mobility and fitness which may affect your partial or total participation in the cruise or tour. This information is also crucial to allow Botanica to ensure the tour you have chosen is suitable and meets your needs. Any changes to health, mobility and fitness must also be reported to Botanica as soon as possible and prior to departure. Where possible Botanica will make reasonable adjustments to the tour to accommodate your special needs however, it cannot do so if the adjustment required would be unreasonable in all of the circumstances, including if such adjustments would affect your safety and/or the safety and/or enjoyment of other passengers.
2. If you require special assistance or care (such as pushing a wheelchair, assistance with dressing or assistance with walking or hearing emergency alarms unaided), you must travel with a companion capable of providing the required assistance or care. Please be aware that Botanica does not provide personal assistance and consequently deaf passengers must share accommodation with a person capable of hearing alarms in cabins when travelling on European river cruises. On all other packages, passengers travelling alone who are unable to hear emergency alarms should notify us at the time of booking to ensure necessary arrangements can be made. As Botanica tours frequently include visits to gardens where structured walkways may not be present, it may not be possible to use wheelchairs in such places, and consequentially wheelchair passengers will need to accept the direction of our guides regarding their participation in such visits. Botanica is unable to assist any passenger with walking, dining, boarding or disembarking any transportation vehicles (including river and ocean cruise ships and trains). To safely participate in embarkation and disembarkation you must be able to do so without the need for special assistance. You must also be able to do so without unreasonably impacting other passengers’ safety and/or enjoyment.
3. While Botanica will make reasonable efforts to accommodate the special needs of disabled passengers, it is not responsible for any denial of services by any third party entities it has travel arrangements with, such as carriers, hotels, trains, restaurants or other independent suppliers, or for any additional associated expenses charges by those parties.
4. Please note coaches and minibuses are not equipped with wheelchair ramps. Most river and ocean ships have elevators, however not all Botanica ships have elevators. Many ships require the use of stairs to go between decks. Further, side by side docking may require passengers to climb and descent stairs to cross over vessels to disembark and embark at times. Botanica ships often sail through remote areas that do not have convenient docking facilities. In such circumstances it will be necessary for passengers to negotiate temporary gangplanks and uneven surfaces. If the crew decide that it is not safe for a passenger to negotiate such operations they may require passengers to stay on board. Cabin doors and restrooms may not be wide enough to allow access by standard wheelchairs. Wheelchairs and walkers cannot be carried on coaches, due to space limitations. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the river or ocean cruise ship is at anchor. Botanica is unable to provide individual assistance to any passenger for walking, dining, disembarking or embarking cruise ships and/or coaches or other transportation vehicles or other personal needs.
Health and Fitness
A good level of fitness and health is required to participate on Botanica’s holiday packages. In some destinations there are extensive sightseeing excursions by foot which includes the climbing of stairs. Mobility is needed boarding or alighting coaches, river cruise ships and trains. We recommend a visit to the doctor before travelling to overseas destinations and consult with them regarding any vaccinations which may be required. It is your responsibility to advise Botanica of any pre-existing medical conditions that may affect the normal conduct of a holiday package and the enjoyment of other passengers. A Health, Fitness & Mobility Questionnaire will be provided and requested to be completed at the time of booking if you advise of any health, fitness or mobility issues. Botanica is not liable for any injury, illness, or loss of enjoyment which could have been reasonably prevented had we been made aware of a pre-existing condition and been provided an opportunity to review it. We will not be responsible for any costs associated with cancellation penalties or the return of passengers from a tour, and a refund for lost touring cannot be claimed.
Walking Tours Health and Fitness - BTGW5, BTLHI8, BTNC11 and BTTW7
As most of the sightseeing is by walking a high fitness level is required. Relevant for tours A Walking Wildflower Discovery of the Grampians and Beyond (BTGW5), Discoveries of Lord Howe Island’s Flora, Seabirds & Marine Life (BTLHI8), New Caledonia Walking Tour, with Native Flora, Birdlife & Kanak Culture (BTNC11) and Tasmania’s Wildflowers, Tall Timber Forests & Coastal Walks (BTTW7). Guests must be healthy and fit, with the ability to walk unaided over a variety of terrains up to maximum of 4 hours a day with breaks. Please note that wheelchairs and other walking aides are not suitable for these conditions.
Visa and Passports
All passengers must have a valid passport that is valid for at least six months after the holiday package return date, except Australian residents travelling on domestic tours wholly within mainland Australia, Tasmania and Lord Howe Island. Australian passengers on Australian coastal, and Norfolk Island packages will require valid passports valid for at least six months. Passengers must consult with the appropriate consulates to ensure that they have any applicable visas for countries included in the holiday package prior to departure. Passengers are solely responsible for meeting necessary passport and visa entry requirements and paying all associated costs. Botanica is not responsible for delays or missed portions of the holiday package resulting from incorrect travel documents or visas.
Shore Excursions
The timing of shore excursions on all river ship and expedition ship holiday packages may differ slightly for each package. Published times are a guide only and are subject to change without notice. It is impossible for large coaches to be used for some city sightseeing excursions and many towns and cities will be visited by way of walking tours. For river cruising, clients must be able to climb ramps to embark or disembark river cruise ships. Depending on river water levels, these may have a number of steep steps. Venue closures outside of Botanica’s control may affect our ability to operate some excursions. Holiday packages including time in Switzerland and other alpine regions may include excursions to, at times, high altitudes.
Gardens
We have endeavoured to select an interesting and diverse range of gardens, however we do not accept responsibility for their presentation. Variations to the gardens visited are at the discretion of Botanica. Sometimes published gardens or garden festivals may not be available and will be replaced with an alternative visit wherever possible.
Transfers
Airport transfers are included on the first and last day of the holiday package at designated times. No refund will be given for unused transfers. Transfers cannot be re-routed to other pick-up points or destinations. Passengers who miss the pre-booked transfers must make their own way to/from the hotel at their own expense. A group transfer is generally a shared transfer and the type of vehicle used will normally be dependent upon the size of the group.
Public Holidays & Festivals
Most countries have public holidays, religious or otherwise. Festivities may temporarily disrupt your holiday and some religious holidays may result in a reduction of facilities and entertainment.
Other Special Offers
Special Deals and Special Offers other than those advertised herein may be promoted by Botanica after the program is released. These new special deals/offers do not apply to existing bookings unless otherwise stated. For terms and conditions relating to special deals and special offers are available on our website.
BOOKING & PAYING FOR YOUR HOLIDAY
COVID-19 Travel Requirements
Before booking and before you travel, ensure that you check the latest government travel requirements. In addition, ensure that you are familiar with Botanica safety measures and obligations which apply to all guests. This may include temperature tests, Rapid Antigen Testing, completion of a health questionnaire, mask wearing, and a requirement to isolate if COVID-19 symptoms present during the journey. Compliance with the travel requirements is mandatory and anyone refusing to comply can be denied boarding.
Your Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. These terms and conditions are governed by the laws applicable in British Columbia, Canada. The parties submit to the non-exclusive jurisdiction of the courts of British Columbia and any courts competent to hear appeals from those courts. If your booking is made through a travel agent we will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you.
Airfares
Air travel is arranged with independent airlines. Botanica will arrange air travel as advertised in connection with your holiday package or otherwise arranged with Botanica. All airfares are subject to flight and booking class availability. Airfares will be booked and ticketed upon receipt of your deposit to avoid price or tax increases. Airport taxes vary for each departure point and routing of airline. Airline schedules are subject to change without notice. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. Botanica is not liable for delays or disruptions of air travel. Once tickets are issued Botanica will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.
Airline Loyalty Points Eligibility
Botanica uses the services of a range of airlines in its packages. Botanica does not warrant that its airfares attract loyalty points as airlines control the application of loyalty points in all cases. Requests to use loyalty points to upgrade travel need to be directed to the airline concerned by the member.
Botanica Deposit Protection
Is available when an upfront fee of $95 per person is paid with your deposit. The holiday package can be cancelled prior to the final payment date and your deposit will be retained as a Botanica holding credit to be used for future bookings. Deposits held in credit will exclude fees imposed by third parties, including but not limited to air travel, rail travel and hotels. When booking airfares through Botanica (including when taking advantage of a special offer that includes air travel), standard airline cancellation fees will apply. In some cases, airfares will be non-refundable. In the event of cancellation, these fees will be deducted from the deposit paid, and therefore the credit being held. Botanica Deposit Protection applies to new bookings only and is only valid up until final payment is due, which varies by tour. Please refer to the payment schedule for the final payment deadline. After three years, unused credit funds will incur the original cancellation conditions. Botanica Deposit Protection is not available to bookings made using suspended funds. This does not replace travel insurance, which you are required to purchase at the time of booking.
Travel Insurance
Travel Insurance is not included in your holiday package. For your protection, you are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the full cost of your holiday package, medical expenses, loss of luggage, land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes. If you choose to travel without travel insurance, Botanica does not provide any additional cover and does not accept any additional responsibility for items or incidents that may otherwise be covered by travel insurance.
Travel Information & Documents
After booking you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your flight timings carefully on your tickets, particularly early morning departures. Approximately 21 days before departure you will receive your e-ticket together with your final itinerary. However in the case of late bookings, charges or late payment, tickets may be emailed to you.
Special Requests
Where a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. Botanica will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. Botanica will also pass on any dietary requests to the airline but we strongly recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Credit & Debit Card Surcharges
If you pay Botanica by credit or debit card, surcharges will apply. In the case of credit cards a surcharge of between 1% and 3% (depending on the card used), will be added to the tour price. In the case of debit cards a charge of 0.45% will be added to the tour price.
Accuracy
Botanica has endeavoured to ensure that the information provided about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publication. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes are given for guidance only as there may be changes. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described in our collateral as a result of local conditions, weather conditions, annual events. Botanica will endeavour to notify you of any significant changes prior to your departure.
Flight Changes
The flight timings detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are set by airlines and affected by events outside our control. Scheduled and charter flight timings, and days of operation are also subject to change. Botanica will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees except where specified in these booking conditions.
Out of Date Range Flights
If airlines have not published their schedules or airfares at the time of your booking, Botanica will estimate the cost of airfares connected with your holiday package. When the airline releases flight inventory and airfares, Botanica will confirm seats and pricing by sending you an updated invoice. Once flights have been confirmed by you and payment has been received, Botanica will issue your tickets.
Force Majeure
Force Majeure event means the occurrence of an event that is beyond Botanica’s reasonable control and which could not have been reasonably prevented by Botanica, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, license and the common law as applicable from time to time, including changes or amendments in regulations or access to services, sites or countries caused by declared epidemic or pandemic events.
Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure
If Botanica, in its reasonable opinion, considers that any Force Majeure event prevents Botanica (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Botanica may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
Limitation of Liability in the Event of Force Majeure
In the event that Botanica cancels or changes your travel arrangements in any way due to a Force Majeure event, Botanica will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Botanica is not liable to refund any part of the deposit or purchase price paid by you if Botanica subsequently changes or cancels your travel arrangements in connection with a Force Majeure event.
Force Majeure events are unpredictable and beyond Botanica’s control. As you are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to respond to these risks.
You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Botanica based on expected non-recoverable costs and expenses to be incurred by Botanica, including but not limited to overhead expenses and works or services performed personally by Botanica, leading up to the commencement of the holiday package, alternatively prior to the Force Majeure event.
Local Purchases
Botanica is not responsible for any items you may purchase locally i.e. jewellery/furniture etc. You acknowledge that you are solely responsible for any import duty or freight costs.
Personal Belongings & Lost Items
For security reasons, valuables should be kept to a minimum and packed in your hand luggage along with your medicines. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.
Data Protection Policy
Any personal information (including sensitive information and health information) that Botanica obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures. Our Privacy Policy is available at www.botanica.travel/privacy or by request to us. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy.
Limitation of Liability
1. Our holiday packages include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of Botanica. Although we take care in selecting the independent service providers and the optional excursions conducted by some independent service providers, Botanica is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.
2. If, in the opinion of any representative of Botanica, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. Botanica representatives are empowered to ask guests to depart a holiday package if they are displaying known COVID-19 symptoms. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from a holiday package. Guests will be responsible for arranging and paying for their own transport home if they are asked to leave the tour. Botanica is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package.
3. Botanica accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.
4. Any term, condition or warranty expressed or implied by statute or otherwise in respect of the holiday packages contained in any of our collateral are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.
5. To the full extent permitted by law, Botanica’s liability arising under or in connection with these booking conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Botanica in respect to any monies paid to your travel agent unless and until Botanica notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Botanica. Botanica reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Botanica within the specified time.
7. Specific meal requests are requests only and cannot be guaranteed.
Medical Assistance
Botanica does not employ medical staff on its tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. Botanica is not responsible for the type or quality of the medical services you may receive.
Smoking
Government regulations forbid smoking in tourist coaches however frequent stops are made for those wishing to smoke. Smoking is not permitted in hotel rooms or ship cabins. Requests for smoking/non-smoking rooms will be passed on to hotels but cannot be guaranteed.
Responsible Service of Alcohol
Our staff are trained in the responsible service of alcohol and are obliged by law to refuse service to any guest who, in their reasonable opinion appears to be intoxicated or behaves in an aggressive or offensive manner.
Service Enquiries
If a problem occurs during your holiday you should, in your own interests, advise your tour director so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Botanica within 30 days.
Luggage Limits
Each passenger is entitled to take one piece of luggage that does not exceed 160cm (63 inches), or weigh more than 20kg (44 pounds). Some journeys may have different requirements and this will be advised in your documentation prior to departure. Dimensions for checked baggage are calculated by adding together the width, height and depth of the piece of baggage. An extra charge will be imposed to cover porterage handling of any additional luggage. Your tour director will advise you of the exact additional charge.
Before booking and before you travel, ensure that you check the latest government travel requirements. In addition, ensure that you are familiar with Botanica safety measures and obligations which apply to all guests. This may include temperature tests, Rapid Antigen Testing, completion of a health questionnaire, mask wearing, and a requirement to isolate if COVID-19 symptoms present during the journey. Compliance with the travel requirements is mandatory and anyone refusing to comply can be denied boarding.
Your Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. These terms and conditions are governed by the laws applicable in British Columbia, Canada. The parties submit to the non-exclusive jurisdiction of the courts of British Columbia and any courts competent to hear appeals from those courts. If your booking is made through a travel agent we will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you.
Airfares
Air travel is arranged with independent airlines. Botanica will arrange air travel as advertised in connection with your holiday package or otherwise arranged with Botanica. All airfares are subject to flight and booking class availability. Airfares will be booked and ticketed upon receipt of your deposit to avoid price or tax increases. Airport taxes vary for each departure point and routing of airline. Airline schedules are subject to change without notice. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. Botanica is not liable for delays or disruptions of air travel. Once tickets are issued Botanica will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.
Airline Loyalty Points Eligibility
Botanica uses the services of a range of airlines in its packages. Botanica does not warrant that its airfares attract loyalty points as airlines control the application of loyalty points in all cases. Requests to use loyalty points to upgrade travel need to be directed to the airline concerned by the member.
Botanica Deposit Protection
Is available when an upfront fee of $95 per person is paid with your deposit. The holiday package can be cancelled prior to the final payment date and your deposit will be retained as a Botanica holding credit to be used for future bookings. Deposits held in credit will exclude fees imposed by third parties, including but not limited to air travel, rail travel and hotels. When booking airfares through Botanica (including when taking advantage of a special offer that includes air travel), standard airline cancellation fees will apply. In some cases, airfares will be non-refundable. In the event of cancellation, these fees will be deducted from the deposit paid, and therefore the credit being held. Botanica Deposit Protection applies to new bookings only and is only valid up until final payment is due, which varies by tour. Please refer to the payment schedule for the final payment deadline. After three years, unused credit funds will incur the original cancellation conditions. Botanica Deposit Protection is not available to bookings made using suspended funds. This does not replace travel insurance, which you are required to purchase at the time of booking.
Travel Insurance
Travel Insurance is not included in your holiday package. For your protection, you are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the full cost of your holiday package, medical expenses, loss of luggage, land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes. If you choose to travel without travel insurance, Botanica does not provide any additional cover and does not accept any additional responsibility for items or incidents that may otherwise be covered by travel insurance.
Travel Information & Documents
After booking you will receive an invoice with all important information relevant to your holiday package. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your flight timings carefully on your tickets, particularly early morning departures. Approximately 21 days before departure you will receive your e-ticket together with your final itinerary. However in the case of late bookings, charges or late payment, tickets may be emailed to you.
Special Requests
Where a special request (e.g. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of holiday, you must advise us when your booking is made. Botanica will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. Botanica will also pass on any dietary requests to the airline but we strongly recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Credit & Debit Card Surcharges
If you pay Botanica by credit or debit card, surcharges will apply. In the case of credit cards a surcharge of between 1% and 3% (depending on the card used), will be added to the tour price. In the case of debit cards a charge of 0.45% will be added to the tour price.
Accuracy
Botanica has endeavoured to ensure that the information provided about accommodation, itineraries etc., is correct to the best of its knowledge at the time of publication. However, advertised descriptions and facilities and prices may change after publication. We recommend that you confirm the details of your chosen holiday package at the time of booking. Additionally, flight times, carriers and routes are given for guidance only as there may be changes. Final details will be shown on your tickets. Holiday package or excursion itineraries may change or be different from those described in our collateral as a result of local conditions, weather conditions, annual events. Botanica will endeavour to notify you of any significant changes prior to your departure.
Flight Changes
The flight timings detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are set by airlines and affected by events outside our control. Scheduled and charter flight timings, and days of operation are also subject to change. Botanica will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees except where specified in these booking conditions.
Out of Date Range Flights
If airlines have not published their schedules or airfares at the time of your booking, Botanica will estimate the cost of airfares connected with your holiday package. When the airline releases flight inventory and airfares, Botanica will confirm seats and pricing by sending you an updated invoice. Once flights have been confirmed by you and payment has been received, Botanica will issue your tickets.
Force Majeure
Force Majeure event means the occurrence of an event that is beyond Botanica’s reasonable control and which could not have been reasonably prevented by Botanica, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, license and the common law as applicable from time to time, including changes or amendments in regulations or access to services, sites or countries caused by declared epidemic or pandemic events.
Termination of Booking Contract or Change of Travel Arrangements due to Force Majeure
If Botanica, in its reasonable opinion, considers that any Force Majeure event prevents Botanica (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Botanica may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
Limitation of Liability in the Event of Force Majeure
In the event that Botanica cancels or changes your travel arrangements in any way due to a Force Majeure event, Botanica will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Botanica is not liable to refund any part of the deposit or purchase price paid by you if Botanica subsequently changes or cancels your travel arrangements in connection with a Force Majeure event.
Force Majeure events are unpredictable and beyond Botanica’s control. As you are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to respond to these risks.
You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Botanica based on expected non-recoverable costs and expenses to be incurred by Botanica, including but not limited to overhead expenses and works or services performed personally by Botanica, leading up to the commencement of the holiday package, alternatively prior to the Force Majeure event.
Local Purchases
Botanica is not responsible for any items you may purchase locally i.e. jewellery/furniture etc. You acknowledge that you are solely responsible for any import duty or freight costs.
Personal Belongings & Lost Items
For security reasons, valuables should be kept to a minimum and packed in your hand luggage along with your medicines. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.
Data Protection Policy
Any personal information (including sensitive information and health information) that Botanica obtains and retains from you or about you is necessary for our business purposes. Our Privacy Policy details why we collect this information, who we may disclose it to (including overseas recipients), and the main consequences if we do not collect it. Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures. Our Privacy Policy is available at www.botanica.travel/privacy or by request to us. By providing personal or sensitive information to us, you are agreeing to the terms of our Privacy Policy.
Limitation of Liability
1. Our holiday packages include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of Botanica. Although we take care in selecting the independent service providers and the optional excursions conducted by some independent service providers, Botanica is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your holiday package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.
2. If, in the opinion of any representative of Botanica, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the holiday package. Botanica representatives are empowered to ask guests to depart a holiday package if they are displaying known COVID-19 symptoms. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from a holiday package. Guests will be responsible for arranging and paying for their own transport home if they are asked to leave the tour. Botanica is not liable to you for any costs associated with such decision and you will not be refunded for any part of the holiday package.
3. Botanica accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.
4. Any term, condition or warranty expressed or implied by statute or otherwise in respect of the holiday packages contained in any of our collateral are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.
5. To the full extent permitted by law, Botanica’s liability arising under or in connection with these booking conditions: (a) is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Botanica in respect to any monies paid to your travel agent unless and until Botanica notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Botanica. Botanica reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Botanica within the specified time.
7. Specific meal requests are requests only and cannot be guaranteed.
Medical Assistance
Botanica does not employ medical staff on its tours. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from a visiting a medical facility, or for a medical practitioner visiting you. Botanica is not responsible for the type or quality of the medical services you may receive.
Smoking
Government regulations forbid smoking in tourist coaches however frequent stops are made for those wishing to smoke. Smoking is not permitted in hotel rooms or ship cabins. Requests for smoking/non-smoking rooms will be passed on to hotels but cannot be guaranteed.
Responsible Service of Alcohol
Our staff are trained in the responsible service of alcohol and are obliged by law to refuse service to any guest who, in their reasonable opinion appears to be intoxicated or behaves in an aggressive or offensive manner.
Service Enquiries
If a problem occurs during your holiday you should, in your own interests, advise your tour director so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Botanica within 30 days.
Luggage Limits
Each passenger is entitled to take one piece of luggage that does not exceed 160cm (63 inches), or weigh more than 20kg (44 pounds). Some journeys may have different requirements and this will be advised in your documentation prior to departure. Dimensions for checked baggage are calculated by adding together the width, height and depth of the piece of baggage. An extra charge will be imposed to cover porterage handling of any additional luggage. Your tour director will advise you of the exact additional charge.
IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY
Changes or Additions to Your Holiday
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of the change.
Cancellation Policy
The following Botanica cancellation fees apply (in addition to charges of any independent suppliers e.g. airlines and hotels):
> Applicable to international tours and cruises, unless stated otherwise, as well as the tours and cruises outlined below:
• Walking Discoveries of Lord Howe Island’s Flora, Seabirds & Marine Life BTLHI8
• Norfolk Island History, Endemic Flora & Remote Gardens BTNOFK8
• Murray River Cruise & Spring Bulbs of Victoria BTMRS7
• Queensland’s Outback Heritage & Oasis Gardens BTOQ8
• New Zealand Luxury Small Ship Cruise, with Private Gardens & Native Flora BTNZC14
• New Caledonia Walking Tour, with Native Flora, Birdlife & Kanak Culture BTNC11
• Luxury Cruise & Floral Diversity of Australia’s Eastern & Southern Coasts BTCSC18
Days of notice prior to departure
• 100 days or more: Loss of deposit
• 99-60 days: 50% of tour fare
• 59 days or less: 100% of tour fare
> The following cancellation policy applies to:
• Landscape & Gardens of Kangaroo Island & the Lower Murray River BTKMR10
• Renaissance Gardens of Italy by Canal Boat & Tuscan Landscapes BTIBC10
• Gardens, Art & Cuisine of the Canal du Midi & the French Riviera BTMCC10
• Boutique Canal Cruise & Dutch Tulips During Spring BTDT9
Days of notice prior to departure
• 130 days or more: Loss of deposit
• 129-60 days: 50% of tour fare
• 59 days or less: 100% of tour fare
> The following cancellation policy applies to:
• Extravagant Gardens & Architecture of India by Luxury Rail BTIND15
Days of notice prior to departure
• 130 days or more: Loss of deposit
• 129-76 days: 50% of tour fare
• 75 days or less: 100% of tour fare
> All other Australia & New Zealand tours and cruises:
Days of notice prior to departure
• 60 days or more: Loss of deposit
• 59-23 days: 50% of tour fare
• 22 days or less: 100% of tour fare
All cancellations must be received in writing by Botanica and are not effective until this notification has been received. If your holiday has commenced, 100% of the full holiday package price is charged. There is no refund for unused services or if portions of the holiday package are missed.
Additional cancellation fees may also be charged in respect of accommodation reserved outside the holiday package dates. These cancellation fees are in addition to any fees that may be levied by Botanica and your travel agent (if any). You acknowledge that the amounts estimated under the Cancellation Policy are reasonable and represent a genuine pre-estimate of Botanica’s loss and are otherwise reasonably necessary to protect the legitimate interests of Botanica. If you request changes after Botanica has issued your documents, Botanica may charge you an administration and processing fee of $70 per person in addition to any applicable cancellation fees.
Cancellation of Ticketed Airfares
A Botanica cancellation fee of $50 per person applies for ticketed airfares, in addition to any airline cancellation fees that are applicable.
Changes to Ticketed Airfares
If you wish to amend the date or routing on your ticketed air booking, a Botanica amendment fee of $30 per person for the first change and $85 for any subsequent changes will be charged in addition to airline change fees and additional taxes that are applicable. If, for any reason, a name change to a ticketed airfare is required, a $125 per person name change fee will apply for every change in addition to any applicable airline fees.
IF WE NEED TO CHANGE OR CANCEL YOUR HOLIDAY
If we change or cancel your holiday before your departure, Botanica endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On occasion changes do have to be made, and Botanica reserves the right to cancel or amend holiday packages/excursions accordingly. All tours require a minimum number of bookings in order to be financially viable and to have a pleasant group atmosphere. In the event adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and offer the nearest possible alternative date (or a refund of the monies paid for arrangements made by Botanica).
Lecturers & Botanical Guides All Guest Lecturers and Botanical Guides are confirmed at the time of launch, however if for any reason their personal circumstances change, we reserve the right to replace them with a substitute.
ON HOLIDAY
Noise and Vibration
Botanica takes reasonable steps to minimise noise and vibrations on its cruising vessels. You acknowledge and accept that some noise and vibration may be experienced on vessels and that Botanica is not liable to you for any such noise or vibration.
Docking Position
During port stops river cruise ships may dock side by side, obstructing views and requiring you to pass through other ships to embark or disembark.
Sun Deck – European River Vessels
During passage through locks or under low bridges, or in the case of adverse weather, it may be necessary to close the main sun deck for passenger use. In the interests of safety, sun deck closures are rigidly enforced. While circumstances will vary and are beyond control, closures of the main sun deck may amount to 4-6 days on average per 15-day cruise. The lower sun deck may also close for short periods of time.
Seat Allocation on Coach Tours
To ensure all passengers enjoy forward and window facing seats, on longer tours a daily seat rotation system may apply at the discretion of the tour director. We do not warrant that the seat rotation will be adjusted to suit personal preference. Coaches used are 40-seater vehicles. In the unlikely event of unforeseen circumstances, a replacement vehicle may be offered which may not fulfil this specification.
WiFi Internet - River & Expedition Cruising
Wi-Fi internet is available without charge aboard your vessel although Botanica cannot guarantee the consistency of the service throughout the cruise.
Disruption to Cruising & Itinerary Arrangements
Itineraries are intended as a guide only and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes, airline schedule changes or other reasons beyond Botanica’s control. If conditions render any routes unsafe for navigation, Botanica reserves the right to provide alternative services including, but not limited to, accommodation on the docked ship or substitute land arrangements.
Itineraries will operate as far as possible as published. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary.
Botanica will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water level events or such other events which are beyond our control.
Botanica cannot guarantee exact arrival and departure times for carriers and operators used by Botanica and Botanica will not be liable for failure to make connections with any other services or attractions beyond its control.
Complaints
If you have a problem during your vacation, please inform the relevant supplier (e.g. your hotelier) and our representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our office at #530, 999 Canada Place, Vancouver, BC, V6C 3E1 giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form while on vacation. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Arbitration: Any and all disputes concerning this contract, the brochure or other material or your trip or the trip itself shall be resolved solely and exclusively by binding arbitration according to the then current commercial rules of the Commercial Arbitration Act of British Columbia. In any such arbitration, the costs will be shared equally between the parties. Costs shall not include costs by a party for representation by counsel. Unless the parties otherwise agree the rules of the British Columbia International Commercial Arbitration Centre shall apply.
Registration
The Company is registered in British Columbia, Canada (A0073478). CPBC# 62245. United States Tour Operators Association $1 Million Travelers Assistance Program: Botanica, as an Active Member of USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of Botanica customers in the unlikely event of Botanica bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by Botanica may be sufficient to provide only a partial recovery of the advance payments received by Botanica. More details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.
California Seller of Travel
Number 2002540-20.
Maps Note that maps may not be to scale.
Images Some images are copyright of Judy Vanrenen.
Botanica World Discoveries trades as a division of
Australian Pacific Touring Pty Ltd
Botanica takes reasonable steps to minimise noise and vibrations on its cruising vessels. You acknowledge and accept that some noise and vibration may be experienced on vessels and that Botanica is not liable to you for any such noise or vibration.
Docking Position
During port stops river cruise ships may dock side by side, obstructing views and requiring you to pass through other ships to embark or disembark.
Sun Deck – European River Vessels
During passage through locks or under low bridges, or in the case of adverse weather, it may be necessary to close the main sun deck for passenger use. In the interests of safety, sun deck closures are rigidly enforced. While circumstances will vary and are beyond control, closures of the main sun deck may amount to 4-6 days on average per 15-day cruise. The lower sun deck may also close for short periods of time.
Seat Allocation on Coach Tours
To ensure all passengers enjoy forward and window facing seats, on longer tours a daily seat rotation system may apply at the discretion of the tour director. We do not warrant that the seat rotation will be adjusted to suit personal preference. Coaches used are 40-seater vehicles. In the unlikely event of unforeseen circumstances, a replacement vehicle may be offered which may not fulfil this specification.
WiFi Internet - River & Expedition Cruising
Wi-Fi internet is available without charge aboard your vessel although Botanica cannot guarantee the consistency of the service throughout the cruise.
Disruption to Cruising & Itinerary Arrangements
Itineraries are intended as a guide only and are subject to alteration without notice. Alternations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes, airline schedule changes or other reasons beyond Botanica’s control. If conditions render any routes unsafe for navigation, Botanica reserves the right to provide alternative services including, but not limited to, accommodation on the docked ship or substitute land arrangements.
Itineraries will operate as far as possible as published. However, sometimes for reasons beyond our control, it may be necessary to make alterations to your itinerary.
Botanica will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change in your itinerary. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water level events or such other events which are beyond our control.
Botanica cannot guarantee exact arrival and departure times for carriers and operators used by Botanica and Botanica will not be liable for failure to make connections with any other services or attractions beyond its control.
Complaints
If you have a problem during your vacation, please inform the relevant supplier (e.g. your hotelier) and our representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our office at #530, 999 Canada Place, Vancouver, BC, V6C 3E1 giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form while on vacation. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Arbitration: Any and all disputes concerning this contract, the brochure or other material or your trip or the trip itself shall be resolved solely and exclusively by binding arbitration according to the then current commercial rules of the Commercial Arbitration Act of British Columbia. In any such arbitration, the costs will be shared equally between the parties. Costs shall not include costs by a party for representation by counsel. Unless the parties otherwise agree the rules of the British Columbia International Commercial Arbitration Centre shall apply.
Registration
The Company is registered in British Columbia, Canada (A0073478). CPBC# 62245. United States Tour Operators Association $1 Million Travelers Assistance Program: Botanica, as an Active Member of USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of Botanica customers in the unlikely event of Botanica bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by Botanica may be sufficient to provide only a partial recovery of the advance payments received by Botanica. More details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.
California Seller of Travel
Number 2002540-20.
Maps Note that maps may not be to scale.
Images Some images are copyright of Judy Vanrenen.
Botanica World Discoveries trades as a division of
Australian Pacific Touring Pty Ltd