Terms & Conditions

Please take the time to read and understand our Terms & Conditions set out below before booking a trip with us.  We strongly recommend that you also read the Trip Notes and Full Itinerary on our website prior to booking, to make sure you are familiar with the physical and adventurous style of our tour.  If you have booked a charter we will send you your own personal itinerary. 

 

OUR CONTRACT

All direct bookings are made with Kimberley Off-Road Adventure Tours Proprietary Ltd (ABN 86612722648) (us/we/Kimberley Off-Road Adventure Tours). By booking a trip with us you are deemed to have read, understood and agreed to the Terms & Conditions outlined below, which at the time of booking becomes the entire agreement (the contract) between you and us.  We will accept your booking on this basis.  Your booking confirmation invoice will contain the services provided to you by us.

 

When we receive your deposit, providing we accept your booking, we will issue you with the booking confirmation invoice.  Once you receive the confirmation invoice you understand and accept that the contract becomes binding and exists between you and Kimberley Off-Road Adventure Tours.

 

At the time of paying your deposit you understand and accept that once we have received these funds, providing we accept your booking, you have entered into a contract with us.  If you book within 7 days of departure the contract will exist when we receive and accept your deposit.

 

UNFORESEEN CIRCUMSTANCES

If circumstances arise which are beyond the control of Kimberley Off-Road Adventure Tours such as:

  • Threat from terrorist activities

  • Change in road conditions

  • Natural disasters

  • Political unrest

…or any other external events which the company deems could affect the running of the tour or create unknown risks, then Kimberley Off-Road Adventure Tours has the right to change or alter the itinerary, or cancel the tour.  In the case of this happening we will provide you with a refund minus any unrecoverable costs.   

 

DEPARTURE TIMES

Due to factors out of our control, such as road conditions, weather conditions and the long distances we cover, Kimberley Off-Road Adventure Tours is unable to guarantee arrival and departure times.  Therefore we do not accept any liability if you miss a transfer or connection with another service provider.  When booking any transfers or connections please be mindful of the fact that due to the local conditions, travel times might change, so you are reminded to be flexible with any other bookings you decide to make.

 

By booking our tour you accept that the itinerary can change or be altered at anytime, and you understand that when booking, you are agreeing to any changes that may occur.  The itinerary lays out the type of tour you can expect but it is important you understand that when travelling on this style of tour conditions can change, and therefore alter what is possible on the tour.  We use guides who are very familiar with the Kimberley and Top End region; they will always strive to provide you with the best tour under the circumstances.  This also applies if you are on a one-day tour or a private charter; our guides are experienced in Litchfield, Kakadu, Arnhemland and beyond. 

 

TRAVEL INSURANCE

Kimberley Off-Road Adventure Tours recommends that you purchase travel insurance at the time of booking the tour, which adequately covers you against personal accident, death, medical expenses, emergency repatriation, loss or damage of personal items and personal liability. 

 

Whilst on our tour you will be walking on uneven ground and travelling in remote areas with very limited and sometimes no facilities; therefore there is a degree of personal risk.  We recommend that you take out cancellation insurance at the time of booking which will cover any cancellation fees.

 

Kimberley Off-Road Adventure Tours does not accept liability for:

  • Tour cancellations

  • Any medical emergency

  • Personal injury

  • Loss or damage to personal items

 

BOOKINGS, DISCOUNTS & REFUNDS

All our prices are in Australian dollars, include GST and are valid until April 24th 2019.  Beyond this date prices may change.  Kimberley Off-Road Adventure Tours has the right to change prices due to unforeseen circumstances. 

A non-refundable deposit of $474.75 is required per person per tour at the time of booking to secure your seat, and you must pay the full balance on or before 30 days of your tour departing.  Please refer to your booking confirmation invoice for your final balance.  If you book within 30 days of your tour departing, you must pay the full fee at the time of booking.   

If you have not completed your full payment 30 days before your tour departs, Kimberley Off-Road Adventure Tours reserves the right to treat your booking as cancelled.

Kimberley Off-Road Adventure Tours will not accept any responsibility for costs you may incur as a result of booking our tour i.e. travel insurance excess, non-refundable flights, etc.

From time-to-time we advertise discounts on our tours on platforms such as Google, Facebook, our website and Gumtree.  We may decide to offer an exclusive discount to customers on one of these platforms only.  If you book with us and discover a discount after your booking is confirmed; it is the up to the discretion of Kimberley Of-Road Adventure Tours whether they retrospectively alter your booking with the discount.  If we decide to change the booking, there is a fee of $150 per booking altered.  If you find a discount which offers more money off than the discount you received at the time of booking, we will not honour the extra discount retrospectively.  

 

CANCELLATION

If for any reason you need to cancel your booking we ask that you confirm this with us in writing and then we will start to process your request.  Please be aware the following fees will apply:

30+ days prior to departure your deposit is non-refundable

14 – 29 days prior to departure 50% of the total price of the tour

0 – 14 days prior to departure 100% of the total price of the tour

If you need to cancel please notify us by email at info@kimberleyoffroadtours.com and write ‘Cancellation {date of tour}’ in the title of the email.  If you fail to join the tour, join it after departure or you decide to leave the tour at anytime, Kimberley Off-Road Adventure Tours will not provide a refund.

 

Kimberley Off-Road Adventure Tours reserves the right to cancel or postpone any tour at anytime prior to departure.  This could be the result of road and/or weather conditions, natural disasters, mechanical defect, cultural considerations or other external events that means we are unable to operate the itinerary. In this case we can offer you a complete refund of the monies paid to Kimberley Off-Road Adventure Tours or transfer the costs to another tour.  We are not responsible for any incidental expenses that you may incur as a result of your booking being cancelled or altered by us. 

 

CHANGING TOURS

If you wish to transfer your tour to a different departure date please put it in writing to us by sending an email to info@kimberleyoffroadtours.com  It is helpful if you put in the title of your email ‘Tour change’.  Kimberley Off-Road Adventure Tours are not obliged to accept your request or to change your tour date departure.  It will depend on how much notice we receive about the change, the departure dates and whether there are seats available.  There will be a fee involved in transferring your seat.

 

LIMITATION OF LIABILITY

Kimberley Off-Road Adventure Tours is not responsible for the acts or errors of the companies, agents and individuals who work with us, and we do not accept liability for any failure or wrongdoing relating to companies, agents or individuals that we are associated with or work with as a result of operating our tours. 

As much as it is possible under law, you will not hold Kimberley Off-Road Adventure Tours or any of our employees, agents and/or representatives liable for any loss, death, injury or damage, which you might experience (directly or indirectly) in connection with or as a result of coming on our tour. 

As much as permitted by law, you agree to release Kimberley Off-Road Adventure Tours, their employees, agents or representatives from any breach of these Terms & Conditions; and you agree to waive any claims you make against us which, in someway, are related to your (or your child’s) involvement on our tours. 

You also agree that you will not hold Kimberley Off-Road Adventure Tours or any of our employees, agents and/or representatives liable under any condition or warranty implied by law into these Terms & Conditions (Implied Warranty).

When an Implied Warranty cannot be excluded under law, our liability in regards to the Implied Warranty is limited to, under our discretion, offer of a refund of the total monies you paid to us in relation to your booking.

Any claim of loss made by you against Kimberley Off-Road Adventure Tours or any of our employees, agents and/or representatives, which is indirect or consequential loss, for example, loss of profits or income will be excluded. 

 

MEDICAL

It’s important that you declare any pre-existing medical conditions when you book the tour with us.  Failure to do so could result in not being able to join the tour or being removed from the trip.  In this case no refunds will be given.

 

INCLUSIONS & FLEXIBILITY

The locations you will visit on our tour are explained in the Full Itinerary on our website or in the case of a private charter, your itinerary will be arranged with you before the tour commences.  Please note the itinerary is a guide only; your tour leader will follow it provided it is safe and possible under the current conditions.  Due to the fact that we travel in remote areas in tropical conditions and on rough terrain, our tours can be affected by poor road conditions and/or extreme weather, which might result in a change of itinerary, with little or no notice.  There is also the possibility that the tour could be affected by public holidays, local festivals or other events, including emergency situations, which could result in changes to the itinerary. In any case of an itinerary change Kimberley Off-Road Adventure Tours is not responsible for any additional expense incurred by the passenger/s.  

We reserve the right to change the itinerary at anytime; by travelling with us you accept this and understand our type of trip requires flexibility.  This means you understand that the route, vehicle, available facilities and/or schedules can change without notice. 

You acknowledge and accept that when travelling in remote conditions on rough terrain this can, at times, cause minor or major issues with the vehicle you are travelling in.  Your guide will be experienced with how to deal with these matters and can often fix them on location.  Kimberley Off-Road Adventure Tours will not provide refunds for any delays or changes made to your tour due to vehicle issues.   

Regarding our 9-day tours, the Full Itinerary and the Trip Notes on our website explain that you will be camping at nighttime and you will be provided with a tent and swag.  It also explains the transport, activities and meals provided as well as the fact that you will have the services of a group leader whilst on tour.  If you are travelling with us on a private charter your transport, activities and meals will be described in the personal itinerary we create for you.  Please be aware that any optional activities mentioned are covered at your own cost.  They are not included in the trip price and are not part of the tour or this contract. You accept that any help given by your guide in arranging any optional activities does not render Kimberley Off-Road Adventure Tours liable for them in any way.

 

AGE & HEALTH REQUIREMENTS

The 9-day Kimberley tours that we operate require that all passengers under the age of 18 years old are accompanied by a parent or guardian, who excepts full responsibility for them for the entirety of the tour; children who are 12 years old or under are unable to travel on our tours, with the exemption of private charters.

If you are planning to book one of our 9-day tours with anyone under the age of 18, the parent or guardian will be required to sign a consent form.  Our passengers are typically 20 – 55 years old.  We do not have an upper age limit; however you must ensure you meet the health & fitness requirements for our tours and you can find these in our Trip Notes.

You acknowledge our advice that we do not recommend our 9-day tours to pregnant women; this is due to the risks involved with hiking on uneven ground, and the fact that the roads are corrugated and bumpy which can affect unborn babies.

 

GROUP NUMBERS

Kimberley Off-Road Adventure Tours requires a minimum number of bookings in order to run each 9-day Kimberley tour and 1-day Litchfield tour.  If there are not enough passengers booked on your tour we may need to cancel the departure.  If this is the case, we will usually notify you at least 2 weeks before the start date of your tour.  Your options could be transferring to the nearest possible alternative date, opting for an alternative itinerary, or a full refund of monies paid to Kimberley Off-Road Adventure Tours.

 

TOUR GUIDE’S RESPONSIBILITY

All our tours are run by a trip leader and it is imperative that passengers listen to their guide’s instructions in order to stay safe.  In regards to matters concerning passenger’s well-being and staying safe on tour, your guide will make all the decisions, and have the final say.  If you fail to respect the decision of your guide and/or fail to follow their instructions, disrupt the group or affect the mobility of the group, your guide can remove you from the tour effective immediately, with no right of a refund. 

 

ACCEPTANCE OF RISK

Our tours are adventurous and by booking on one of our tours you acknowledge that there is a degree of personal risk.  You understand and accept you will be visiting remote areas, walking on rough terrain, and experiencing activities that require physical exertion that you might not be used to.  It is your own responsibility to make sure you understand the type of tour you are joining, the conditions you’ll be travelling in and the nature of your itinerary.

 

SEVERABILITY

If at anytime a term or condition written under these Terms & Conditions is unenforceable or void by operation of law or if it’s against public policy, or for any other reason, then that term or condition shall be taken out of our contract or amended accordingly.  It will be amended to a degree that will allow all remaining Terms & Conditions to remain obligatory. 

 

PHOTOS AND MARKETING

By participating on our tours you give Kimberley Off-Road Adventure Tours consent to use images taken of you whilst on the trip for advertising and promotional purposes, however we choose. You grant us full-rights in every sense (perpetual, royalty-free, worldwide) and you accept that this is an irrevocable license, which allows us to use images of you for advertising and promotional purposes.

 

DIESEL LEVY

If diesel fuel prices rise, Kimberley Off-Road Adventure Tours reserves the right to charge a diesel fuel levy.