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- Published on Wednesday, 26 October 2011 09:00
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Please read these booking conditions carefully as by paying the full amount you acknowledge that you have read and agreed to the following conditions. Your contract is with Out the Back Australia Pty Ltd based at 32 John Street Cunnamulla QLD 4490 Australia. Out the Back Australia Pty Ltd are hereinafter referred to as ‘the Company’ in respect of the booking conditions which apply to all of the tours on this website and or operated by Out the Back Australia Pty Ltd.
1. THE CONTRACT ARRANGEMENTS AND DEPOSIT: When you make your booking you are accepting on behalf of all your party the terms of these booking conditions and pay the full amount per person, per tour. By paying the full amount you acknowledge that you have read and agree to the following terms and conditions. All persons named on the booking form shall be referred to collectively as either ‘the Client(s)’ or ‘you’. If the booking is made through a travel agent, all communications from the Company will be with the agent who acts as agent for the Client in regard to all communications from the Company to the Client.
2. CONTRACT: No contract shall exist between the Company and the Client until the specified deposit or full amount has been paid and the Client’s booking made on the booking form has been confirmed in writing by the Company (‘the confirmation invoice’).
3. PAYMENT: The full amount of the tour fare must be paid at time of booking otherwise the Company may treat the booking as being cancelled by the Client, and apply cancellation charges as set out in
clause 4. All monies paid by the Client to a travel agent under or in contemplation of a contract with the Company are held by the travel agent on behalf of the Client until such time as the Company issues a confirmation Invoice in acceptance of the booking. Thereafter, the travel agent holds the Client’s money as agents of the Company until such time as payment is required by the Company.
4. CANCELLATION BY YOU: Cancellation of a booking must be made in writing, by the person’s name on the booking form, and is not effective until such cancellation is received by the Company. Out the Back Australia reserves the right to apply the following cancellation charges: 100% cancellation charge, no refund. No refund will be made for any unused portion of a tour.
5. CANCELLATION BY US: The Company reserves the right in any circumstances to cancel. However, in no case will the Company cancel the tour less than 28 days before the scheduled departure date except for reasons of force majeure (as defined in clause 6) or failure on the Client’s part to pay the full amount. In circumstances where the Company is unable to provide the tour booked, the Company will return to the Client all monies paid (less any insurance premiums and amendment fees paid), or offer an alternative holiday of comparable standard.
6. ALTERATION TO ITINERARIES, ETC: All itineraries in this brochure are suggested only. It is unlikely that the Company will have to make any changes to the Client’s suggested tour, but the arrangements are planned many months in advance. Occasionally changes may be made, which the Company reserves
the right to do at any time. Most of these changes are minor and the Company will endeavor to advise the Client of them at the earliest possible date. When a major change becomes necessary, notification of such alterations will be sent to the Client’s agent or to the Client’s last known address as soon as the Company becomes aware. If a major change to an itinerary is necessary prior to commencement of the tour, the Client will have the choice of either accepting the change of arrangements or taking another available tour from the Company. The Company reserves the right to alter itineraries after departure, without payment of compensation if it is in the interest of the Client to do so. Furthermore, compensation is not available if the Company is forced to cancel or in any way change the tour due to force majeure, namely war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other material or external circumstances beyond the Company’s control.
7.THE COST OF MAKING CHANGES TO THE HOLIDAY: A Client can only make a change to his or her confirmed arrangements if the change is more than 30 days before departure – an administration
fee of AUD $200 per person, per change, together with any additional costs incurred by the Company is levied. Changes made 30 days or less before departure are subject to cancellation fees as detailed in section 4 of the booking conditions.
8. TRANSPORTATION TO THE TOUR ASSEMBLY POINT: The Client is responsible for making his or her own arrangements to arrive at the tour assembly point. There are no arrangements in existence should the Client be delayed at the outward or homeward points of departure.
9. LIABILITY:Clients’ bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure travel and that they undertake the tours, treks or expeditions featured in the program at their own volition. (a)“To the fullest extent permissible by law, the company is not liable for any loss or damage, personal injury or death, including any consequential loss or damage arising directly or indirectly or in any way connected with the client’s participation in the tour arrangements or any activity forming part of the tour arrangements.” b) As the Client is solely responsible for making his or her own arrangements to arrive at or depart from the assembly point, the Company hereby excludes liability whatsoever and howsoever arising in respect therefore. c) In respect of carriage by air, sea and rail and road the provision of accommodation the Company’s liability in all cases will be limited in the manner provided by the relevant international conventions. d) If additional expenses are incurred through delay, accident or disruption of the tour beyond the control of the Company by force majeure, such expenses must be borne solely by the Client. e) In respect of kayaking, sandboarding, camel safari, boat tour and other hazardous pursuits, the Client will appreciate that by their nature these activities carry inherent risks. The Client hereby agrees to be personally responsible for assuming such risks save to the extent that this does not conflict with sub clause (b) above.
10. NUMBER OF PASSENGERS CARRIED ON VEHICLES: The Company sets its own limits to the number of passengers carried on the vehicles but the Company is not bound to these numbers under special circumstances as determined by the Company.
11. NO ALTERATION TO BOKING CONDITIONS: No servant or representative of the Company has any right to alter, vary or waive any of these conditions, nor to undertake any liability whatsoever on behalf of the Company, unless such be in writing and signed by a director of the Company.
12. GOOD HEALTH: The Client hereby confirms that he or she is in good health. Any Client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs, or other cause of treatment that may be required during the tour. Such a Client would be required to provide a medical statement from a GP
to confirm that they are fit to travel.
13. UNSUITABILITY OF CLIENT, ETC: If the Company considers the Client as unsuitable for a tour it may in its absolute discretion cancel such Client’s booking or declines to carry the Client further if that Client causes inconvenience or annoyance to other passengers.
14. TRAVEL INSURANCE: Travel insurance is the responsibility of the Client. Before the Client commences a tour he or she must arrange his or her insurance with a reputable insurer, with protection for the full duration of the tour, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and the expenses associated with cancellation or curtailment or a tour. If a Client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are the Client’s responsibilities and the Company shall not be liable for any refund of the tour cost.
15. COMPLAINTS : If the Client has a problem during the tour, the Client should inform the relevant suppliers, or tour leader immediately who will endeavor to put things right. If the Client’s complaint cannot be completely resolved locally, the Client must write to Out the Back Australia Pty Ltd within 28 days of the completion of the tour.
16. INFORMATION: Information given in all brochures, website, leaflets and advertising is given in good faith by the Company, and is based on the latest information available at the date of publication. The Company reserves the right to change any of the facilities or vehicles described in the brochure or on the website without becoming liable for compensation or refund.
17. SPECIAL REQUESTS: Special diet requirements must be advised in writing to the Company when the Client makes a booking. The Company will attempt to provide special meals, however, these cannot always be provided.
18. EXCLUSION FROM THE TOUR: The Company shall not be responsible for or be liable to any Client who commits an illegal or unlawful act in any country visited. He or she may be excluded from the tour, without any refund of the tour fare.
19. PHOTOGRAPHY RIGHTS: Clients must be aware that our authorised tour leaders and representatives may take photographs and films of our Clients whilst on any of the tours of which the Company reserves the right to use such material for any advertising or brochure production without obtaining further consent. The Company also reserves the right to use any comments Clients make regarding the tours on any questionnaires or complimentary letters, to use in future promotional literature.
20. SEVERABILITY: If any part, term or provision of this contract is held to be illegal or unenforceable it shall not affect the validity or enforceability of the remainder of the contract. Furthermore, if any covenants are held illegal or unenforceable by virtue of its scale, extent or duration, it shall remain valid and enforceable in such reduced scale, extent or duration as any court may decide as being the maximum scale, extent or duration permissible.
21. CONDITIONS OF OUR CARRIERS“Where the company makes a booking for you with any third party including Skytrans, Greyhound Coaches and Queensland Rail, then your booking with any third party is subject to that third party’s terms and conditions. The company will supply you with a copy of those terms and conditions upon request, or they may be available from the company’s website or the website of the third party.”
