BOOKING CONDITIONS
Travel in 2022, and beyond

Effective, February 2022

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
• COVID-19 Safe Operating Policy

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. Our contract

All bookings are made with Kimberley Wild Expeditions Pty Ltd (ABN 66 122 625 567) (us/we). 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. The services to be provided are those referred to in your booking confirmation invoice.

2. Validity

Dates and itineraries are valid until 31 December 2023. Beyond 31 December 2023 dates and itineraries are indicative only.

3. Deposit requirement

You are required to pay a deposit of 25% or $500 per person (whichever is the lesser) per trip for your booking to be confirmed. If your booking is made within 56 days of the departure date, then the full amount is payable at the time of booking.

4. Acceptance of booking and final payments

If we accept your booking we will issue a confirmation invoice. A contract will exist between us from the date we issue the confirmation invoice or if you book within 30 days of departure the contract will exist when we accept your payment. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 56 days (8 weeks) 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.

5. Prices & surcharges

Our Trip prices are set each year however can occasionally be subject to variation for promotional purposes, which is standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is possible that different passengers on the same trip have been charged different prices. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable increases in transportation costs, diesel fuel costs, taxes, or if government action should require us to do so. In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.

6. Your details

In order for us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name, date of birth, nationality and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Note that due to the remote location and challenging nature of our extended tours it is essential for our travellers who are 70 years and beyond, to review and sign our Medical Form to ensure you can participate fully in the itinerary.

7. Cancellation by the traveller

DAY TOURS: If you cancel your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:

• between 15 and 30 days prior to departure, we will retain the deposit;
• between 4 and 14 days prior to departure, we will retain 50% of the total booking cost;
• 72 hours or less prior to departure, we will retain 100% paid by you in connection with the booking.

SHORT BREAKS & EXTENDED TOURS: If you cancel your booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. If you cancel a trip:

• more than 84 days prior to departure, your deposit will be retained as a credit for future use within 24 months;
• between 56 and 84 days prior to departure, we will retain the deposit;
• between 31 and 55 days prior to departure, we will retain 50% of the total booking cost;
• 30 days or less prior to departure, we will retain 100% paid by you in connection with the booking.

You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

8. Cancellation by us

Our trips are guaranteed to depart once they have four fully paid travellers unless minimum group size specifically states otherwise. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, government restrictions, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

9. COVID-19

Where a tour is cancelled or is unable to proceed due to any COVID-19 (or any other pandemic) restrictions (imposed by Government or any other authorizing body) or such restrictions are either not removed as expected, extended, or re-imposed, we will use our best endeavors to contact you about your tour.  In such circumstances we will consider our options in relation to a replacement tour, and, in our sole discretion, may offer to you:

• a transfer to an alternative date (subject to availability); and or
• a credit for the original value paid by you for the tour, which credit will be transferable to another person and valid for two (2) years, provided that:
  • additional costs may apply for tours in future years; and
  • credit is not redeemable for cash.

If you contract COVID-19 (or any other pandemic virus or disease) within 30 days of the scheduled departure date of the tour, you must notify us in writing.  In such circumstances, you (and any other person cancelling as part of the booking) will not be able to and will not be granted permission to undertake the tour and you will be offered a transfer to an alternative tour departure date (subject to availability) at our absolute discretion.  Where you refuse a transfer to an alternative tour departure date, it will be deemed that you have cancelled your tour and the provisions of paragraph 7 above will apply.

To ensure that you and our tour guides remain safe during any pandemic, you must adhere to all social distancing requirements and hygiene standards as implemented by us from time to time.  You may be required to undertake a temperature test via a non-contact thermometer and/or any other test that is available prior to commencing the tour and at any time during the tour.

Where you present with an elevated temperature, COVID-19 symptoms or any other communicable disease or virus (whether you are aware of the condition or not), we have the right, at our sole discretion, to:

(a) refuse to take you on the tour;
(b) request that you wear a face mask or other protective equipment for the safety of those around you and you agree that this request is fair and reasonable; or
(c) request that you leave the tour at the earliest possible and safest opportunity for the safety of those around you and you shall accede to this requirement without complaint.

Where paragraphs (a) and (c) apply, your tour will be deemed to have been cancelled by you and paragraph 7 above will apply.  All out of pocket expenses (transport, transfer or alternate accommodation) as a consequence of leaving the tour will be at your own expense. You shall not be entitled to any refund on monies paid by you to us under these circumstances.

If you present with an elevated temperature, COVID-19 symptoms or any other communicable disease or virus and get tested where the results of the tests are negative, we reserve the right to allow or refuse you to join or re-join the tour.  Where we have refused you to join the tour, your tour will be deemed to have been cancelled by you and paragraph 7 above will apply.  We will not be liable for any out-of-pocket expenses incurred by you or refund any portion of the tour that you may have missed.

You shall comply with all vaccination or testing requirements and or directions by:

• the Government (Federal and State);
• Western Australian health authorities; or
• us,

in relation to COVID-19 (or any other disease or virus) for entry into and within Western Australia or to access our premises, event, tours or services.

All guests booked to travel with us will be required to be fully vaccinated for travel from 1 February 2022. Proof of vaccination (or exemption) may be required prior to entry to our premises or participation in our tours, at our absolute discretion. Where there is any inconsistency between the date specified in this paragraph for vaccination and any requirement or direction issued by the Government (Federal or State) or Western Australian health authorities, any such requirement or direction issued by the Government (Federal or State) or Western Australian health authorities will prevail.

Where you are unable to meet any vaccination or testing requirements and or directions referred to in these paragraphs (including where any such requirements and or directions are introduced subsequent to your booking), we reserve the right to decline the booking, cancel the booking or refuse entry or participation in our premises, event or service at our absolute discretion and at your sole cost.

Where you are unable to proceed with your booking due to travel restrictions other than vaccination or testing requirements, the cancellation fees set out in paragraph 7 above apply.

You release and indemnify us from any liability, loss or damage, of any nature, that may occur to you, us or any other person (including but not limited to persons departing on the same tour).  Such liability, loss or damage may include but is not limited to all costs, losses and expenditures arising from your participation in the tour, any cancellation of the tour or activity, or any injury, illness or death of you or any person.

10. Booking amendments

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 56 days prior to the proposed departure date. A fee of $200 per person per change may apply. If you notify us less than 56 days prior to the proposed departure date the refund policy applicable to cancellations may apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.

Amendments to any other arrangements made in conjunction with your trip may incur a $130 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.

11. Inclusions

The land price of your trip includes:

• all accommodation as listed in the Itinerary
• all transport listed in the Itinerary
• sightseeing and meals as listed in the Itinerary
• the services of a tour guide as described in the Itinerary

12. Exclusions

The land price of your trip does not include:

• international or internal flights unless specified
• airport transfers, taxes and excess baggage charges unless specified
• meals other than those specified in the Itinerary
• Visa and passport fees
• travel insurance
• Optional activities and all personal expenses.

13. Age & Health requirements

MINIMUM AGE: For the majority of our trips, the minimum age is 4 at the time of travel. All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority. Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis. All bookings for our Family trip must include a child under the age of 18.

MAXIMUM AGE: For the majority of our trips, we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

14. Small groups & combination trips

At times we can have groups with small numbers of travellers. Some of our trips are designed to fit with other departures to create a longer “combination” trip; this means that some of your group may have already been travelling together when you commence your trip. If you would like to know how many people are booked on your trip or any combination trip it is part of, please ask prior to making your booking.

15. Passport and visas

It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip. We are not responsible if you are refused entry into Western Australia because you lack the correct passport, visa or other travel documentation.

16. Travel insurance

Travel insurance is mandatory for all our travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24 hour emergency contact number on the first day of your trip; you may not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number and emergency contact number with you rather than the bank’s name and credit card details.

17. Flexibility

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, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

18. Change of itinerary

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

BEFORE DEPARTURE:  If we make a major change, we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.

AFTER DEPARTURE:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as other tours or non-refundable flights.

19. Authority on tour

Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund.  We may also elect not to carry you on any future trips booked. You must at all times comply with the laws and customs of Australia, and you also agree to travel in accordance with our responsible travel guidelines.

20. 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 political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government departments 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 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 are aware of the personal risks attendant upon such travel. You also  acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.

21. Limitation of liability

We contract 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:

(a) 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;

(b) 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

(c) 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):

(a) the provision of a similar trip to an equivalent value; or

(b) 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.

22. Force Majeure Event

“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 our services beyond our control.

If any Force Majeure Event results in us being prevented from, or delayed in, performing any of our obligations to you:

(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 us under these Booking Conditions;

(b) no loss or damage shall be claimed by you from us by reason thereof; and

(c) we will use our best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.

In the event of a Force Majeure Event, we, in our absolute discretion may:

(a) cancel or modify any routes within the product itinerary or objectives set out in the itinerary;

(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;

(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any aspect of the product if in our absolute discretion it is necessary to do so;

(d) offer a transfer of the product, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by us in the circumstances), which transfer option is subject to availability;

(e) offer a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by is in our absolute discretion), provided that:

(i) any additional costs payable on the new product will be payable by you in full at the time of booking;

(ii) additional costs may apply for the product in future seasons; and

(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.

23. Optional activities

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 your tour guide or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.

24. Claims & complaints

If you have a complaint about your trip please inform your tour guide or 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 in writing to us within 30 days of the end of the tour.

25. Severability

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 survive and continue as binding.

26. Photos and marketing

You consent to us using images of you taken during the trip 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 publicity and promotional purposes.

27. Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.

28. Applicable law

The laws of Western Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Western Australia.