KWE Booking Conditions
OUR CONTRACT
All
bookings are made with Kimberley Wild Expeditions Pty Ltd. By booking a
trip with us you are deemed to have agreed to these Booking Conditions
(which constitutes the entire agreement between you and us) and your
booking will be accepted by us on this basis. The services to be
provided are those referred to in your booking confirmation invoice.
VALIDITY
Dates
and itineraries are valid from 1 April 2012 to 31 March 2013. Beyond 31
March 2013 dates and itineraries are indicative only.
PRICES
All
prices are inclusive of 10% GST and are valid from 1 April 2012 to 31
March 2013. Kimberley Wild Expeditions reserves the right to alter these
prices in the event of any unforeseen circumstances. Child prices apply
to children between 4 and 12 years old. Concession rates apply to those
holding valid Australian Pension, Seniors and Student Cards, and YHA
Members.
DIESEL LEVY
Kimberley Wild Expeditions Pty Ltd reserves the right to charge a Diesel
Fuel Levy in the event of increasing diesel fuel prices.
DEPOSIT REQUIREMENTS
You
are required to pay a deposit of 25% of the total booking value for your
booking to be confirmed. If your booking is made within 30 days of the
departure date then the full amount is payable at the time of booking.
FINAL PAYMENTS
Payment of the balance of the trip price is due 30 days before the
departure date. If this balance is not paid on or before the due date we
reserve the right to treat your booking as cancelled.
LIMITATION OF LIABILITY
Kimberley Wild Expeditions Pty Ltd contracts with a network of
companies, government agencies and individuals to assist in the running
of our trips as agent for these third parties. We are not responsible
for the acts and omissions of these third parties. To the fullest extent
permitted by law: any liability for any loss, death, injury or damage
which you may suffer (directly or indirectly) in connection with or
arising out of your participation in a trip, or any breach of the
Booking Conditions, is excluded; you release us and our officers,
employees, agents and representatives from any liability and expressly
waive any claims you may have against us arising out of or in connection
with your participation in a trip; and any condition or warranty which
would otherwise be implied by law into these Booking Conditions (Implied
Warranty), is excluded. To the extent an Implied Warranty cannot be
excluded, our liability in respect of the Implied Warranty is limited to
(in our absolute discretion): (i) the provision of a similar trip to an
equivalent value; or (ii) a refund of the total amount received by us
from you in connection with your booking. Any claim by you is excluded
to the extent that it is for indirect or consequential loss, loss of
profits or economic loss, however it arises, or for indirect, special,
punitive or exemplary damages.
TRAVEL INSURANCE
Kimberley Wild Expeditions strongly recommends all travellers take out
travel insurance at the time of booking. At a minimum your travel
insurance must provide cover against personal accident, death, medical
expenses, emergency repatriation and personal liability, with a minimum
coverage of US$200,000. We also strongly recommend it covers
cancellation, curtailment and loss of luggage and personal effects.
ITINERARIES
Itineraries are subject to alteration without notice and intended as a
guide only. Alterations may come about due to road, weather or tidal
conditions, strikes, public holidays, local festivals or other reasons.
Due to the nature of the terrain and remote areas, weather fluctuations
can adversely affect road conditions which may necessitate alterations
to itinerary with little or no notice. Any additional expense incurred
by the passenger is not the responsibility of Kimberley Wild
Expeditions. Kimberley Wild Expeditions can give no guarantee as to the
exact arrival and departure times for carriers and operators used by
Kimberley Wild Expeditions in the tour and Kimberley Wild Expeditions
will not be liable for failure to make connections with any other
services or attractions beyond its control. As is normally the case with
group tours, a minimum number of bookings is required in order for a
tour to be financially viable and to have a pleasant group atmosphere.
In the event that adequate numbers cannot be achieved, it may be
necessary to cancel a scheduled departure and to offer the nearest
possible alternative date, an alternative itinerary, or a full refund of
monies paid for Kimberley Wild Expeditions’ ground content touring. The
date on which the decision is made whether a tour will operate is
usually 2-4 weeks before the scheduled departure date.
FLEXIBILITY
You
appreciate and acknowledge that the nature of this type of travel
requires considerable flexibility and you should allow for alternatives.
The itinerary provided for each trip 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.
INCLUSIONS
The
land price of your trip includes: all accommodation as listed in the
Trip Notes, all transport listed in the Trip Notes, sightseeing and
meals as listed in the Trip Notes, the services of a group leader as
described in the Trip Notes.
EXCLUSIONS
The
land price of your trip does not include: international or internal
flights, airport transfers, taxes and excess baggage charges unless
specified meals other than those specified in the Trip Notes, Visa and
passport fees, travel insurance, optional activities and sightseeing and
all personal expenses.
ACCEPTANCE OF RISK
You
acknowledge that the nature of the trip is adventurous and participation
involves a degree of personal risk. You will be visiting places where
the geographical attributes present dangers and physical challenges
greater than those present in our daily lives. We use information local
authorities and reports from our own contacts in assessing whether the
itinerary should operate. However it is also your own responsibility to
acquaint yourself with all possible relevant travel information and the
nature of your itinerary. You acknowledge that your decision to travel
is made in light of consideration of this information and you accept
that you assume the personal risks attendant upon such travel.
AUTHORITY ON TOUR
Our
group trips are run by a Kimberley Wild Expedition Guide. The decision
of the Guide is final on all matters likely to affect the safety or
well-being of any person participating in the trip. If you fail to
comply with a decision made by a group leader, or interfere with the
well-being of the group, the Guide may order you to leave the trip
immediately, with no right of refund. You must at all times comply with
the laws, customs and drug/alcohol regulations of all areas visited,
and you also agree to travel in accordance with our responsible travel
guidelines.
GROUP SIZE
A
minimum number of 6 passengers is required to operate each tour.
CANCELLATION POLICY
Cancellation by the traveller:
If you wish to cancel your tour you must immediately inform Kimberley
Wild Expeditions Pty Ltd in writing. Once we have received your notice,
cancellation will take effect. Please note the following charges will
apply on cancellation:
• If Cancellation takes place within 30 days of departure 25% of your
tour price will be forfeited.
• If Cancellation takes place within 21 days of departure 50% of your
tour price will be forfeited.
• If Cancellation takes place within 14 days of departure 100% of your
tour price will be forfeited.
You
are strongly advised to take out cancellation insurance at the time of
booking which will cover cancellation penalties in certain
circumstances. If you leave a trip for any reason after it has commenced
we are not obliged to make any refunds for unused services.
Cancellation by Kimberley Wild Expeditions Pty Ltd:
Kimberley Wild
Expeditions Pty Ltd reserves the right to cancel or postpone any tour at
any time prior to departure if, due to weather conditions, road
conditions, natural disasters, mechanical defect, cultural
considerations or other external events it is not viable for us to
operate the planned itinerary. If we cancel a trip you may choose
between us applying the amounts paid toward an alternative trip or
receiving a full refund. We are not responsible for any incidental
expenses that you may have incurred as a result of your booking such as
visas, vaccinations or non-refundable flights.
BOOKING AMENDMENTS
Booking amendments are permitted on Day Tours & Town Tours up to 48
hours prior to departure. If you wish to change tours or departure dates
you must immediately inform Kimberley Wild Expeditions Pty Ltd in
writing. All amendments are subject to approval, availability and
confirmation by Kimberley Wild Expeditions. Booking amendments are
permitted on Short Breaks & Adventures up to 15 days prior to departure.
If you wish to change tours or departure dates you must immediately
inform Kimberley Wild Expeditions Pty Ltd in writing. All amendments are
subject to approval, availability and confirmation by Kimberley Wild
Expeditions.
OPTIONAL ACTIVITIES
Optional activities not included in the trip price do not form part of
the trip or this contract. You accept that any assistance given by your
Guide or local representative in arranging optional activities does not
render us liable for them.
ERRORS & OMISSIONS
Although we have made a concerted attempt to verify the accuracy of
statements made in our trip documentation including brochure, website
and Trip Notes we cannot be held responsible for any error, omission or
unintentional misrepresentation that may occur.
CLAIMS & COMPLAINTS
If you
have a complaint about your trip please inform your Guide or our local
representative at the time in order that the they can attempt to rectify
the matter. If satisfaction is not reached through these means then any
further complaint should be put in writing to us within 30 days of the
end of the tour.
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.
PHOTOS & MARKETING
You
consent to us using images of you taken during the trip for advertising
and promotional purposes in any medium we choose. You grant us a
perpetual, royalty-free, worldwide, irrevocable licence to use such
images for publicity and promotional purposes.
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