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INCLUSIVE ADVENTURES PTY LTD ACN 609 508 312

Trading As Mt Dan's Adventures

 

TERMS AND CONDITIONS

 

1.     When you book an adventure holiday with us, you agree that you have read, understood and agreed to these booking terms and conditions.

 

2.     “We”, “our”, “us” and “Inclusive Adventures” refers to Inclusive Adventures Pty Ltd, its employees and agents.

 

3.     “You”, “your”, and “client” refers to the person seeking or requiring services offered by Inclusive Adventures Pty Ltd.

 

4.     These terms and conditions form the entire agreement between you and us. Any variation to these terms and conditions must be in writing and signed by both of us.

 

5.     A contract is made between us when we accept your booking. We will issue you an invoice confirming your booking.

 

6.     At the time of booking, you must pay a deposit of $90 per person. If we accept your booking, the deposit is non-refundable unless you are entitled to a refund pursuant to clauses 14 and 15.

 

7.     You must make payment of the balance of the price 28 days before the commencement of the adventure holiday.

 

8.     You must at the time of booking your adventure holiday take out a policy of travel insurance covering accident, death, medical expenses and emergency repatriation. We recommend your insurance policy cover cancellation, personal liability, and loss of luggage and personal effects.

 

9.     Dates, itineraries and prices are indicative for travel between 1 January 2018 and 31 December 2018.

 

10.     You must supply all necessary information and identification to complete your travel arrangements. If we ask for them, you must supply your passport details to us.

 

11.     You may cancel your adventure holiday at any time for a fee. If you cancel your adventure holiday:

 

     (a)   42 days or more prior to departure, you will forfeit the deposit to us;

 

     (b)   28 days to 42 days prior to departure, you will forfeit 50% of the price to us;

 

     (c)   28 days or less prior to departure, you will forfeit 100% of the price of the adventure holiday to us.

 

12.     Subject to clause 13, the price of your adventure holiday includes:

 

     (a)   the provision of a tent;

 

     (b)   all meals;

 

     (c)   all essential safety equipment including but not limited to ropes, harnesses, safety helmets and life vests.

 

13. We may provide you with additional equipment such as fishing or other gear or equipment at our sole discretion on payment of a bond. You must take good care of the gear or equipment. You must return the gear or equipment to us at the conclusion of your adventure holiday in its original condition. You agree to pay value of the gear or equipment if the gear or equipment is returned to us in damaged or broken condition however caused and whether you caused the damage or the damage was the result of an accident.

 

14.   The price of your adventure holiday does not include:

 

     (a)   toiletries and grooming supplies including but not limited to soap or shampoo;

 

     (b)   sanitary products including toilet tissue;

 

     (c)   travel insurance;

 

     (d)   flights, whether domestic or international;

 

     (e)   airport or hotel transfers.

 

15.     We may cancel your adventure holiday at any time prior to departure:

 

     (a)   if a natural disaster or other external event occurs;

 

     (b)   if an epidemic or environmental hazard occurs;

 

     (c)   if hazardous weather conditions occur or are forecast prior to or during the adventure holiday;

 

     (d)   if an external event occurs which is not our fault but which makes it impossible for us to perform our obligations under this contract;

 

     (e)   if in our opinion there are insufficient bookings to make the adventure holiday viable.

 

16.     If we cancel your adventure holiday, you may transfer the price to another adventure holiday of the same price on a different day or alternatively receive a full refund.

 

17.     You acknowledge that an adventure holiday requires you to be flexible regarding the activities, schedule, route and itinerary of your adventure holiday. We may change the activity, schedule, route or itinerary at our sole discretion subject to your right to cancel if the adventure holiday differs in a material way from the adventure holiday you booked. An adventure holiday differs in a material way if the change to the activity, schedule or itinerary affects more than two days of the adventure holiday.

 

18.     We may, at our sole discretion, cut short an adventure holiday where we consider that the risk of injury to you or any client is unacceptable. You are not entitled to any refund if more than three quarters of the adventure holiday has been delivered by us. You are entitled to a refund of one half of the price of the adventure holiday if it is cut short after half of the adventure tour has been delivered by us.

 

19.     Subject to clause 19, the minimum age for taking an adventure holiday is 18 at the date of travel. We may, at our sole discretion, permit a minor under the age of 18 to take an adventure holiday if accompanied by a parent, guardian or responsible adult who must assume the day to day care of the minor during the adventure holiday. The parent, guardian or responsible adult shall complete the intake form and:

 

     (a)   warrants that the details contained in the intake form are true and correct;

 

     (b)   understands that we rely on the contents of the intake form;

 

     (c)   agrees to be bound by these terms and conditions.

 

20.     We may from time to time provide adventure holidays for minors being persons from the age of 7 at the date of the adventure holiday. The parent, guardian or responsible adult must complete the intake form, and:

 

     (A)   warrants that the details contained in the intake form are true and correct;

 

     (B)   understands that we rely on the contents of the intake form;

 

     (c)   agrees to be bound by these terms and conditions;

 

     (d)   warrants that the minor understands these terms and conditions and will abide by them during the adventure holiday.

 

21.     You warrant that you have sought medical advice regarding your health and ability to participate in an adventure holiday. You understand, acknowledge and agree that an adventure holiday is physically and mentally demanding.

 

22.     You acknowledge and accept that an adventure holiday involves adventure and personal risk which includes a risk of loss, injury or death.

 

23.     You must at all times obey the instructions of the tour leader in respect of your safety or well being or that of any client participating on the adventure holiday. If you do not obey the instructions of the tour leader you may be directed to leave the adventure holiday. You will not be entitled to any refund if you are directed to leave the adventure holiday.

 

24.     You release us, our directors and employees, to the fullest extent permitted by law from any claim or liability for injury, death, loss or damage which you may suffer whether directly or indirectly as a result of or in connection with participation in the adventure holiday.

 

25.     You release us, our directors and employees from liability for cancellation or variation to any activity, itinerary, route or schedule, failure of equipment or machinery or circumstances beyond our control.

 

26.     Where the law implies any warranty guarantee or condition that cannot be excluded, our liability for a breach of such warranty guarantee or condition is limited to the price you paid for booking your adventure holiday.

 

27.     To the fullest extent permitted by law, our maximum liability to you or any third party is limited to the price you paid for booking your adventure holiday.

 

28.     Your privacy is important to us. We will not disclose your personal information to anyone other than a person or organization to whom we must by law disclose your personal information. You authorize us to disclose your personal information to an emergency services provider including but not limited to the police in an emergency.

 

29.     This contract is governed by the laws of the State of New South Wales and we and you submit to the exclusive jurisdiction of the courts of New South Wales whether original and appellate.

 

30.     If any term or condition of this contract is void or unenforceable then that term or condition is to be read down to the extent necessary to give business efficacy to this contract or if that action is not possible the term or condition is severed from this contract and the remaining terms and conditions survive with full force and effect.

 

31.     You consent to us taking photos or videos of you. You grant us an irrevocable gratuitous licence to use those photos or videos for advertising, promotional and publicity purposes.

Effective date: May 25, 2018

Inclusive Adventures Pty Ltd Trading As Mt Dan's Adventures ("us", "we", or "our") operates this website (the "Service") and related services.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User's device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Payment information
  • Personal health information
  • Travel related information
  • Any other personal information we may request in order to provide the service to you
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Prior to sharing any personal information with us, you will be asked for consent to process your personal data for limited and proportionate use in compliance with:

  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and that I understand that I have the right to withdraw my consent by emailing us.

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Rezgo uses the collected data for various purposes:

  • To faciliate the purchase of our Service
  • To notify you about changes to our Service
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

You understand that by removing consent to process your personal information, our ability to provide you with service may be impeded.

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy.

We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, is maintained on computers located in the United States where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Business Transaction

If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Rezgo
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Rights

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

We can update your Personal Data upon your request.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We provide a paid service as such we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

We may collect personally identifiable information for individuals under the age of 13 as part of the transaction process. In relation to the offer of services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years. We shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:
By email: bookings@mtdan.com.au
By phone number: +61 438 547 014


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