Booking Terms and Conditions

Please read and understand the conditions of your tour booking set out below,  prior to booking a tour with ‘us’ ( The Lost Impressionist) as they set out your legal rights and obligations in relation to your tour booking. These Booking Conditions are in place when you make your tour booking through The Lost Impressionist or if you make a booking through an agent representative of The Lost Impressionist. This could be, but not limited to, an agent such as a hotel, an online booking system such as Viator or any Tourist Information Booth. If you are rebooking a trip with a credit voucher or a new booking date from your rescheduled date you will be agreeing to the most current version of the Booking Conditions in place when you rebook.

Please also read the tour itinerary, inclusions and exclusions relating to your tour on the online platform or on our website prior to booking to ensure that you understand the itinerary, style and physical demands of the tour you are undertaking.

1. Our contract 

Your booking contract is with The Lost Impressionist  (ABN 22604700229) (us/we/our). By booking a tour with us you have agreed to be bound by the terms and conditions set out in:

• these Booking Terms and Conditions;

• Tour Information and any Important Notes that apply to your tour; and

• any Special Conditions that may apply,

(all of which constitutes the entire agreement between you and us).

Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

2. Privacy policy

Any personal information that we collect about you will be handled in accordance with our Privacy Policy. 

You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.

3. Deposit requirement

You are required to pay the full amount for your booking for a scheduled group departure unless agreed as a private tour booking.  Private tour bookings are tailormade and will require a deposit of 25% to secure the booking and the date required.

4. Acceptance of booking and final payments   

If we accept your booking, we will issue you with a booking confirmation as part of the booking process. A contract will exist between you and us from the date we issue the confirmation invoice.

5. Prices and surcharges 

Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the tour industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same tour may have been charged different prices.

We endeavour to ensure that all pricing and other information on our website is accurate. However, it is always possible that, despite our efforts, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to amend advertised prices at any time prior to us sending your booking confirmation invoice.

6. Your details  

For us to confirm your tour arrangements, you must provide all requested details. You are asked for any pre-existing medical conditions you have which may affect your ability to complete your tour arrangements are to be declared at time of booking.

7. Cancellation by you  

If you cancel your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation from you that you wish to cancel. If you cancel a trip:

a)  2 days or more prior to departure, we will hold your amount as a credit (Full Credit) which can be used to transfer to a different tour or date.

b) Any group tour booked and paid for in full which is cancelled inside 48 hours or less from the date/time of tour will incur a 100% fee.

Cancellations for groups of 10 or more participants on a tailormade group itinerary will have special conditions regarding cancellations, which can be viewed in quote provided.

8. Cancellation by us

Our group tours are guaranteed to depart once they have four fully paid customers unless minimum group size specifically states otherwise (which is stated in the tour page or on our website) and subject to reasonable itinerary changes as described in these Booking Conditions. In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, unless your trip is cancelled due to a Force Majeure Event (as defined below in clause 9).

Customers may reschedule up to 24 hours in advance. Rescheduling within 24 hours will mean loss of the full price paid. This includes, but is not limited to, illness, medical emergency, delayed or cancelled transportation resulting in missing the start of the tour.

The Lost Impressionists is an all weather operator, with just two exceptions. Tours do not operate in conditions of torrential rain and extreme heat over 38c as stated on the Bom App. This decision will be made two hours prior to the tour and you will be contacted to either reschedule or we can arrange a refund.

9. Cancellations due to Force Majeure

In addition to the cancellation rights set out above, a tour may be cancelled due to a Force Majeure Event occurring at your tour destination or its immediate vicinity and significantly affecting the performance of the tour or significantly affecting the transport arrangements to the destination. In these circumstances we will offer you a refund minus unrecoverable costs (e.g. bus, gallery tickets and restaurants bookings already paid for ).

If the cancellation due to a Force Majeure Event occurs after your tour has commenced, The Lost Impressionist will offer you a refund minus unrecoverable costs of the days that remain on your trip.

A “Force Majeure Event” means any event or circumstance  beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue and includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties.

In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking

Important Note regarding credit:

There may be circumstances in which we issue you with credit. For instance, we may offer you the choice of a credit voucher instead of a refund when you are entitled to a full or partial refund

• may be applied towards any other available tour offered by us, except in the case of Deposit Credits which may not be applied to the same or similar dates of travel of the original booking;

• is not transferrable to another person or redeemable for cash; and

10. Booking amendments 

Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply.

No amendments are permitted to your booking within 56 days of departure.

11.  Inclusions  

The land price of your tour includes as described in the Essential Trip Information:

• all transport where stated

• sightseeing and meals where stated

• the services of an artist guide leader

12. Exclusions  

The land price of your trip does not include:

• hotel transfers unless stated

• food and drink unless stated

• travel insurance

• optional activities and all personal expenses.

13. Age & Health requirements

Health Requirements

As part of your booking you can confirm that you and your booking party are physically fit and suffer no medical conditions which may be aggravated by this tour. We do not accept bookings if you or any of your booking party suffer with back problems or have had or currently have a heart issue.

You consent to receive medical treatment in the case of injury, accident or illness during the activity and to indemnify the Operator against any claims in respect of this treatment.

Minimum Age:

The minimum age is 15 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Maximum Age:

For the majority of our tours, we have no upper age limit though we remind you that participants must ensure that they are suitably fit to allow full participation. We can provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice of required.

14. Change of itinerary

You appreciate and acknowledge that the nature of this type of tour requires flexibility and you should allow for alternatives. The itinerary provided for each tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

While we endeavour to operate all tours as described we reserve the right to change the trip itinerary. Please also be aware that exhibitions and artwork displays can be chanegd at a moment’s notice. 

Before departure: If we make a significant change we will inform you as soon as reasonably possible if there is time before departure. When a significant change is made you may choose between accepting the change and paying any additional costs associated with the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative trip offered.

After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you.

18. Authority on tour  

Our tours are generally run by guides and local representatives. The decision of the Leader is final on all matters likely to affect the safety or wellbeing of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Leader, interfere with the well-being of the group or our ability to run a trip as planned, the Leader may direct you to leave the tour immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with local laws and customs.

19. Acceptance of risk

You acknowledge that participation of this tour involves a degree of personal risk. You may be walking on even ground with hazards like potholes, oncoming trams and traffic and this may be a greater challenge than those hazards present in our daily lives.

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.

It is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your tour. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

20. Liability and service guarantee

Our services which include our trips (“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).

20.1 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 Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.

20.2 (Limitation of Liability) Where the law implies a warranty into these Booking Conditions 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.

20.3 (Indemnity) You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

(a) your access or use of the Services, this includes your delegate’s access or use of the Services; and
(b) any breach by you (or your delegate) of:

(i) these Booking Conditions; or
(ii) any additional terms applicable to providing the Services,

except to the extent that such loss or damage as a direct result of our fraud or willful misconduct.

20.4 (Third parties) We contract with a network of companies, activity providers, restaurants, local transfer companies, galleries, tour and local guides, government agencies, independent contractors and individuals to assist in the running of our trips as agent for these third parties (Third Party Supplier). Third Party Suppliers may also engage the services of local operators and sub-contractors. Although we take all reasonable steps to select reputable Third Party Suppliers, we cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers may be subject to the terms and conditions imposed by these Third Party Suppliers and you may be required to sign additional terms as set out in clause 14. These may limit or exclude the liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and we do not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

We are not responsible for the acts and omissions, whether negligent or otherwise, of these Third Parties Suppliers. Any disputes between you and any third party, are to be resolved solely between you and that party.

20.5 (Vicarious liability) We shall not be held vicariously liable for the 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.

21. Optional activities

Optional activities not included in the tour price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

22. Claims & complaints

If you have a complaint about your tour please inform your artist guide or our local representative at the time so that they can attempt to rectify the matter. If you believe that your complaint has not been resolved through these means then any further complaint should be put in writing to us within 30 days of the end of the trip through our Contact page.

23. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

24. Applicable law

The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Nothing in these Booking Conditions, including this clause 24, affects your rights as a consumer to rely on any applicable local laws.

25. Booking entity

Depending on the country or region you are making your booking from, you will be booking through The Lost Impressionist or an entity acting as an agent on behalf of The Lost Impressionist.

26. Promotional terms

From time to time, we may run promotions and special offers (Promotions) on our website which are subject to both these Booking Conditions and any additional promotion-specific terms which are incorporated into these Booking Conditions by reference. You should ensure that you read the specific conditions that apply to each Promotion.

Promotions are available for a limited time, as defined on our website. We reserve the right to cancel or change any Promotion at any time in our discretion. By purchasing a trip on a promotional basis, you agree and accept the terms that apply to the applicable Promotion. In the event of any inconsistencies between these Booking Conditions and the Promotional terms, the Promotional terms apply to your booking.

27. Intellectual Property Rights

Materials, information and tour design on this site (Content) are subject to change without notice. While we try to keep our site current, we do not make any promises or undertake to keep our site up-to-date and are not liable if any content is inaccurate or out-of-date.

You agree that any films, sound, video or other recordings taken of or during the activity will not be used in any promotion or advertising without the prior consent of the Operator, however the Operator may use such recordings itself at its complete discretion without any prior approval.

The way in which you use the Site

You have no ownership in the site or the tour design which is created by us for The Lost Impressionist tours only. We own the site and the tour collection and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use the site.

You may not use the site or replicate the tour design in any other way without our agreement in writing. All other uses of this site and the tour design must be in accordance with these Terms.

We do not permit you to:

• copy content or any other details on our site;

• use or copy our site or content in any way that competes with our business; or

• breach our copyright or other intellectual property in the site.

Behaviour on the Site

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:

• that is unlawful;

• prohibited by law

• we would reasonably consider inappropriate; or

• that might bring our Site or us into disrepute.

This includes (without limitation):

• anything that would breach the privacy of an individual;

• 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;

• intentionally transmitting viruses to our Site;

• intentionally transmitting disabling or damaging features to our Site;

• interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;

• using our Site to send unsolicited email messages; or

• assisting a third party to do any of the above.

Information only

The content on our site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard.

Disclaimer

We use reasonable commercial efforts to ensure the accuracy and completeness of the content on our site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.

Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our site and content.

Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:

• copy or use any Content from our Site (in whole or part);

• 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 our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Third party sites

Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

• it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;

• you will have uninterrupted access;

• it will be error-free or free from viruses; or

• our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Limited Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation 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.

Removing our Site (or your access to it)

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

What happens if part of these Terms is not right?

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.

The law that applies to these Terms

The laws of Victoria, Australia, govern these Terms. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside Victoria, and/or 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.

Mar 2025