** CURRENT BOOKING CONDITIONS SUBJECT TO EMERGENCY CHANGES DUE TO COVID-19 GLOBAL PANDEMIC. PLEASE REFER TO OUR DEDICATED PAGE FOR MORE DETAILS: COVID 19 – Corona Virus and Kimberley Tours in 2020
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. 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 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.
Given you will be travelling to a remote part of outback Australia, it is essential that all Kimberley Wild travellers take out travel insurance at the time of booking, even if you are Australian. 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 also covers cancellation, curtailment and loss of luggage and personal effects. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.
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.
CURRENT BOOKING CONDITIONS SUBJECT TO EMERGENCY CHANGES DUE TO COVID-19 GLOBAL PANDEMIC. PLEASE REFER TO OUR DEDICATED PAGE FOR MORE DETAILS: COVID 19 – Corona Virus and Kimberley Tours in 2020
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.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
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.