EXTENDED TOURS & SHORT BREAKS
Booking Conditions

Effective, February 2025

Please take the time to read and understand the conditions of booking set out below prior to booking a trip with us. We strongly recommend that you also read the details provided on the following information pages:

• What You Need to Know
• Frequently Asked Questions

Please also review the essential trip information relating to your trip prior to booking to ensure that you understand the itinerary, style and physical demands of the trip you are undertaking.

1. GENERAL

1.1 These Terms and Conditions (“T&C”) are between the Company and the Customer and apply to the Reservation made by the Customer.
1.2 By making a Reservation, the Customer agrees to the T&C on behalf of all persons included in the Reservation. Where the Customer books for more than one person, each person shall be jointly and severally bound by the T&C.
1.3 By making a Reservation, the Customer agrees to the Tour Operator’s Term and Conditions on behalf of all persons included in the Reservation. Where the Customer books for more than one person, each person shall be jointly and severally bound by the Tour Operator’s Terms and Conditions.

2. INTERPRETATION

“Company” “Agent” “We” “Us” or “Our” means Kimberley Wild Expeditions Pty Ltd (ABN 66 122 625 567) and its subsidiaries, including any Representatives and assigns.
“Customer” “Guest” “You” or “Your” means the person or persons utilising or participating, or intending to utilise or participate, in the Tour, and includes any minors accompanying the Customer.
“Deposit” means the non-refundable amount of AUD$400.00 payable to the Company by the Customer at the time of making the Reservation.
“Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), public health emergencies, industrial disputes, slow-downs or other strike, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including (but not limited to) restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Company’s services beyond its control.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Company.
“Reservation” means the act of reserving the Tour.
“Tour” means a product and or service, including any tour, arranged or provided by the Tour Operator, whether directly or indirectly, for the purpose of sport, enjoyment, relaxation, accommodation or leisure of any description whatsoever and any incidental product and or service thereto.
“Tour Operator” or “Operator” means Intrepid Travel Pty Ltd (ABN 35 007 172 456).
“Tour Operator’s Terms and Conditions” means the Tour Operator’s terms and conditions applicable to the Reservation, and any additional conditions imposed by Tour Operator, specific to certain trips. These include but are not limited to trips operated in the Kimberley region of Australia.

3. RESERVATION POLICY

3.1 All Reservations are subject to availability.
3.2 The Company reserves the right to decline any Reservations or requests at its absolute discretion.
3.3 A Reservation is not final until accepted by the Tour Operator.
3.4 The Company takes no responsibility for the suitability of the Tour for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that the Tour (including all activities and accommodation) is suitable for the Customer’s specific needs.
3.5 Unless otherwise determined by the Company or the Tour Operator prior to or at the time of making the Reservation, the following provisions apply:
(a) payment of a Deposit is required at the time of Reservation;
(b) upon payment of the Deposit, the Reservation will be transferred to the Tour Operator;
(c) the Tour Operator will review the Reservation and notify the Customer if the Reservation is accepted or declined; and
(d) if the Tour Operator accepts the Reservation, the balance of the booking total is then payable to the Tour Operator in accordance with the Tour Operator’s Terms and Conditions.
3.6 The Customer accepts that:
(a) once a Reservation with the Company is made, the information pertaining to the Reservation is passed onto the Tour Operator. The Tour Operator will confirm with the Customer that it accepts the Reservation;
(b) a Reservation is not confirmed until it is accepted by the Tour Operator;
(c) the Tour Operator will issue a booking confirmation invoice to the Customer once the Reservation is accepted and transferred; and
(d) once the Reservation is transferred to the Tour Operator, it becomes a booking. The Tour Operator is responsible for the booking.
3.7 Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by the Company, will result in the Reservation not being taken and transferred to the Tour Operator.
3.8 Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Customer to the Company are the sole responsibility of and payable by the Customer.
3.9 If the Customer makes payment by way of credit card, the Customer warrants that the information provided to the Company is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer. The Company reserves the right to conduct various checks to validate the identity and integrity of the Customer’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Customer to verify identity.
3.10 Any goods or services not included in the Reservation are the sole responsibility of the Customer and must be paid by the Customer.
3.11 The Company reserves the right to request identification information and documentation, including government issued photographic identification.

4. CANCELLATIONS

4.1 Cancellations of the Reservation will be governed by the Tour Operator’s Terms and Conditions.
4.2 All cancellation requests must be directed to the Tour Operator. It is the Customer’s responsibility to contact the Tour Operator to verify that the cancellation of the Reservation and or booking has been received.

5. CUSTOMER’S FURTHER WARRANTIES

5.1 The Customer warrants that:
(a) the Customer will cooperate with the Company and provide it with information that is reasonably required and necessary as requested by the Company from time to time, to enable the Company to carry out the Reservation and will comply with such requests in a timely manner; and
(b) the information provided by the Customer is true, correct and complete.
(c) the Customer has and will comply with all lawful directions of the Company and its Representatives;
(d) there are no legal or other restrictions preventing the Customer from agreeing to the T&C; and
(e) the T&C apply to the Reservation only.

6. TERMINATION

6.1 The Company may terminate the Reservation if there has been a material breach of the T&C.
6.2 Any termination of the Reservation in accordance with this provision will result in all monies paid by the Customer to the Company being forfeited by the Customer.
6.3 The accrued rights, obligations and remedies of the Company are not affected by the termination of the T&C.

7. LIABILITY

7.1 To the fullest extent permitted by law, the Customer releases, waives, discharges and indemnifies the Company and its Representatives from any and all claims and actions, which may be made by the Customer or any third party, or on the Customer’s behalf and or any third party’s behalf, for loss, in any way arising out of or related to the Reservation or the T&C, including (but not limited to) property loss or damage, bodily injury or death.
7.2 The Company and its Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Reservation, Tour, or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
7.3 This clause 7:
(a) applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by the Company;
(b) is intended to be as broad and inclusive as is permitted by law; and
(c) does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), or such other applicable law, as amended from time to time.

8. GST

8.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
8.2 The Customer agrees to pay GST in respect of any goods or services that the Company supplies to the Customer and or are supplied to the Customer on behalf of the Company.

9. INSURANCE

9.1 The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, COVID-19 cancellation cover, evacuation charges, trip cancellation and force majeure events.

10. FORCE MAJEURE EVENT

10.1 If any Force Majeure Event results in the Company being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon the Company under these T&C;
(b) no loss or damage shall be claimed by the Customer from the Company by reason thereof; and
(c) the Company shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
10.2 In the event of a Force Majeure Event, the Company, in its absolute discretion, may cancel the Reservation and request the Customer resubmit the Reservation.

11 PERSONAL INFORMATION

11.1 The Customer’s personal information may be used by the Company and may be disclosed to the Company’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking or Tour. Any use or disclosure of the Customer’s personal information by the Company will be in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, or such other applicable law, and the Company’s privacy policy located on its website, as amended from time to time.

12. RELATIONSHIP

The Customer acknowledges and accepts that:
12.1 The Company acts as a non-exclusive third party agent for the promotion and sale of travel and travel-related products.
12.2 The Company receives a commission rate from the Tour Operator as consideration for the sale of travel and travel-related products.
12.3 Sales, offers or promotions available through other agents for the Tour may not be available through the Company.
12.4 The Customer is not a provider of the Tour and has no control over, or liability for, the services provided by the Tour Operator. The Tour Operator is responsible for providing the Tour to the Customer.
12.5 All Reservations are made on the Customer’s behalf subject to the Tour Operator’s Terms and Conditions. By making a Reservation with the Company, the Customer agrees to the Tour Operator’s Terms and Conditions.
12.6 The T&C are not intended to create a relationship between the parties of partnership, joint venture or employer and employee.

13. ASSIGNMENT

13.1 The T&C are personal to the Customer and are not able to be assigned.

14. UPDATING

14.1 The Company reserves the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Customer’s Reservation are those that are current at the time the Reservation is made.

15. NON MERGER

15.1 The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of the Reservation Tour and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain, subject to the T&C, in force and effect.

16. WAIVER

16.1 The Company will not be deemed to have waived any of its rights or remedies under these T&C or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the Customer.

17. SEVERANCE

17.1 If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.

18. GOVERNING LAWS

18.1 The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
18.2 The parties irrevocably:
(a) submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
(i) for determination of any dispute claim or demand; or
(ii) with respect to any proceedings which may be brought at any time relating to these T&C,
(b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 18.1