Booking Terms

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;

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

(a) the provision of a tent;

(b) all meals;

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;

(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;

(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;

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;

(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.