Please read and understand the conditions of booking set out below prior to booking a trip with Kimberley Wild. We strongly recommend that you also read the more detailed online version of your itinerary prior to booking to ensure that you understand the itinerary and style of the trip you are undertaking.
All bookings are made with Kimberley Wild Expeditions Pty Ltd (trading as Kimberley Wild Expeditions, Wild Expeditions and Adventure Tours Australia). 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.
Validity of details, including itinerary, prices and dates, is stated in the Trip Facts for each tour.
All prices are inclusive of 10% GST and are valid from 1 April 2017 to 31 March 2018. Kimberley Wild reserves the right to alter these prices in the event of any unforeseen circumstances. Where applicable, child prices apply to children 4 to 12 years old. On Day Tours concession rates apply to YHA Members and those holding valid Australian Pension, Seniors and Student Cards.
Kimberley Wild Expeditions reserves the right to charge a Fuel Levy in the event of increasing diesel fuel prices.
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.
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.
It is essential that all Kimberley Wild 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 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 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 departure date.
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, inclusions, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
The land price of your trip includes: all accommodation and trans-port as listed in the Trip Notes, sightseeing and meals as listed in the Trip Notes and the services of a group leader, as described in the Trip Notes.
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 from 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 tours are run by a Kimberley Wild Guide, whose decision 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 lead-er, 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.
A minimum number of 6 passengers is required to operate tours, unless otherwise stated as a Guaranteed Departure, in which case 2 passengers only are required to depart.
Booking amendments are permitted on Day Tours up to 48 hours prior to departure. If you wish to change tours or departure dates you must immediately inform Kimberley Wild Expeditions in writing. All amendments are subject to approval, availability and confirmation by Kimberley Wild Expeditions. Booking amendments are permitted on some longer tours up to 15 days prior to departure. If you wish to change tours or departure dates you must immediately inform Kimberley Wild Expeditions in writing. All amendments are subject to approval, availability and confirmation by Kimberley Wild.
Cancellation by the traveller: If you wish to cancel your tour you must immediately inform Kimberley Wild 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 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 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 possible 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 re-sponsible for any incidental expenses that you may have incurred as a result of your booking such as visas, vaccinations or nonrefundable flights.
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 our staff 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 our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put to us in writing within 30 days of the end of the tour.
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 continue as binding.
PHOTOS & MARKETING
If you send us photos from your trip, you consent to us using these images of you for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for promotional purposes.