Please read carefully the terms in the conditions of contract.
In completing and submitting the Booking Form, you agree to be bound by these conditions which constitute the agreement between Wayfarer Experiences (herein referred to as Wayfarer Experiences a division of SadCat Pty Ltd) and you. These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Wayfarer Experiences.
In these terms and conditions reference to Wayfarer Experiences means tour leaders and staff of Wayfarer Experiences and its officers, employees, agents, licensees, guides and other third parties and representatives.
1. HOW TO BOOK
1.1 Booking is effective when WAYFARER EXPERIENCES accepts from you a completed booking form and payment of a $500AUD per person per trip deposit that is non-refundable. WAYFARER EXPERIENCES suggest you take out travel insurance at time of booking. Further information in relation to your trip is provided in the trip notes, which are provided for each trip, on our website at www.wayfarerexperiences.com.au and by submitting your booking form and paying your deposit you are deemed to have read and understood the relevant trip notes. Please let WAYFARER EXPERIENCES know if you have any queries in relation to these trip notes.
1.2 The balance of the full tour price is payable 60 days prior to the scheduled date of departure.
1.3 If payment of the balance of the tour price is not received by WAYFARER EXPERIENCES by the required time you will be taken as having cancelled the tour and cancellation charges in accordance with Condition 5 will apply.
1.4 Payment of the balance or the full tour price may be made by Credit Card via Paypal by calling Wayfarer Experiences.
1.5 If a booking is made after the balance of the full tour price is payable, the booking is effected when WAYFARER EXPERIENCES accepts from you a completed booking form and payment of the full tour price.
1.6 Prices are quoted in Australian Dollars (AUD) and are valid until 31 December 2016. All payments must be made in AUD. Final balance is due for all trips 60 days prior to departure. If payment of the balance for the tour is not received by WAYFARER EXPERIENCES by the required time you will be taken as having cancelled the tour and cancellation charges in accordance with condition 5 will apply.
2. SWITCHING TO ANOTHER TOUR
2.1 Subject to Condition 2.2, if you wish to switch from one tour to another:
2.1.1 you must notify WAYFARER EXPERIENCES in writing;
2.1.2 you may only switch from one tour to another tour which commences within 12 months of your original departure date;
2.1.3 a $100AUD per person charge shall be payable to WAYFARER EXPERIENCES in respect of all switches;
2.1.4 any additional costs which arise out of or in connection with the switch shall be payable by you;
2.1.5 the following charges shall apply depending upon when you provide notice of your proposed switch of tour;
a. if your notice at Condition 2.1.1 is received within 60 days prior to your original departure date and more than 36 days prior to your original departure date, 50% of your original tour price shall be forfeited: or
b. if your notice at Condition 2.1.1 is received within 35 days of your original departure date, 100% of your original tour price shall be forfeited.
2.2 Any requested change from one tour to another is subject to availability and the agreement in writing of WAYFARER EXPERIENCES.
3. TRANSFER OF YOUR TOUR TO ANOTHER PERSON
3.1 Where you are prevented from proceeding with your tour (for example if you are required to undertake jury service, or as the result of the illness or death of a close relative), you may transfer it to another person provided:
3.1.1 you give reasonable notice to WAYFARER EXPERIENCES;
3.1.2 in WAYFARER EXPERIENCES reasonable opinion, the person to whom you wish to transfer the tour satisfies all the conditions applicable to the tour, including that the person meets all the medical and fitness requirements of the trip and not receiving confirmation from its service providers that the transfer is acceptable; and
3.1.3 the payment of an administration fee of $100AUD per person is made to WAYFARER EXPERIENCES;
3.1.4 the payment of any additional costs arising out of or in connection with such a transfer are paid to WAYFARER EXPERIENCES. You should note that it is often not possible to change airline tickets from one person to another and that such tickets may be completely non transferrable and often non-refundable.
3.2 You acknowledge that both you and the person to whom the tour is transferred shall be jointly and severally liable to WAYFARER EXPERIENCES for the price of the tour, the administration fee and any additional costs arising out of or in connection with the transfer.
4.1 If you wish to make amendments to your tour arrangements, you must notify WAYFARER EXPERIENCES in writing as soon as possible.
4.2 Each amendment to your tour arrangements will incur a $50AUD per person administration fee and you will be liable for any increase in any additional expenses arising out of or in connection with such amendments. All such fees must be paid before departure.
4.3 Any requested amendment to tour arrangements is subject to availability and the agreement in writing of WAYFARER EXPERIENCES.
5. Cancellations by you
5.1 If it becomes necessary for you to cancel your tour, you shall notify us immediately in writing. Upon receipt and acknowledgement by us of your written advice, cancellation will take effect.
5.2 For all tours, the following conditions apply:
5.2.1 if cancellation takes place more than 90 a $100 administration fee will be charge.
5.2.2 if cancellation takes place less than 89 days and more than 30 days prior to departure, the $500 deposit will be forfeited.
5.2.3 if cancellation takes place 30 days or less prior to departure, 100% of the cost of the tour will be forfeited. However you will be provided alternative tour dates minus the $500AUD per person deposit minus any hotel cancelation fees. Alternative bookings must be available and within the following January to December 12 month period.
5.3 In these booking conditions “the cost of the tour” includes the cost of any extras booked for that tour. The tour price is quoted as a package. No partial refunds or credit will be given for services not used. Any amount forfeited, which has not then been paid to WAYFARER EXPERIENCES, may be recovered from you by WAYFARER EXPERIENCES as a debt due and payable. Your Personal Travel Insurance should be instigated at the time of booking.
6. HEALTH & FITNESS REQUIREMENTS
You must be in good health and physical condition and are strongly advised to follow our pre-departure fitness training recommendations, where necessary. For many of our tours you will be required to submit a medical questionnaire completed by you or your doctor as proof that you are fit enough to participate in the tour.
If you have booked a tour graded 1-3 the only time that a medical questionnaire will be required by your doctor is where you have a pre existing medical condition or are over 70 years of age. This will be sent to you upon booking and you will be required to return the form completed and signed by your doctor 70 days prior to departure.
If you have booked for a tour graded 4-5 you will be sent a medical form upon booking and can complete this yourself and return to us 70 days prior to departure, unless you have a pre existing medical condition or are over 70 years of age in which case you must have your doctor complete and sign before returning it to us. If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating.
Tours may take place in remote areas where there is little or no access to normal medical services or hospital facilities for serious problems. Medical and evacuation expenses will be the responsibility of the participant. WAYFARER EXPERIENCES reserves the right in its absolute discretion to refuse a participant the right to participate in a tour on medical or fitness grounds or for any other reason that would impact on the safety of the participant, the guide or any other group member.
7. MEDICAL DISCLOSURE
7.1 You declare and warrant that:
7.1.1 you are in good health mentally and physically at the time of booking this tour;
7.1.2 you have disclosed to WAYFARER EXPERIENCES every matter concerning your health and mental and physical fitness of which you are aware, or ought reasonably be expected to know, that is relevant to WAYFARER EXPERIENCES decision to permit you to go on the adventure tour;
7.1.3 immediately upon any adverse change in your health or fitness that may be likely to affect WAYFARER EXPERIENCES decision to permit you to go on the adventure tour, you will notify WAYFARER EXPERIENCES in writing of any such adverse change.
7.2 WAYFARER EXPERIENCES are permitted to disclose medical information to our consultant doctor and he/she may exclude you from a tour if deemed necessary. You acknowledge that the obligation to disclose under this Condition 7 continues from the time of booking the tour through to departure and extends for the duration of the tour.
7.3 If you fail to comply with the duty of disclosure in this Condition 7 and if WAYFARER EXPERIENCES would not have permitted you to undertake the tour, or continue participation of the tour, had you made full disclosure under this Condition 7, WAYFARER EXPERIENCES will not be liable for personal injury, death or property damage or loss incurred by you. However nothing in this Condition 7 shall exclude or limit our liability for fraud, or for death or personal injury which arises as a result of our negligence.
8. TOUR LEADERS AND BEHAVIOUR
8.1 For the purposes of this Condition “tour support persons and or staff” includes both the nominated tour support person and any other nominated person given at any time the task of supervising any aspect of the tour.
8.2 WAYFARER EXPERIENCES tour support persons and staff take their responsibilities seriously and if for any reason a Wayfarer Staff person believes, in his or her absolute discretion, that you should not participate in the tour, before your departure, even if you pass your medical, the Wayfarer Staff Person may exclude you from the tour. In this event, but subject to Condition 5, you will be offered the option of taking another tour considered suitable for you or a full refund. If for any reason during a tour the nominated Wayfarer Staff Person considers you should not participate further due to you committing an illegal act, or in the opinion of the nominated Wayfarer Staff Person, your behaviour is causing or is likely to cause danger, distress or annoyance to others, or your fitness or health is inadequate, the Wayfarer Staff Person may direct you not to continue and you must follow the instructions. In this case you will not be entitled to any refund. Travel insurance may compensate you depending on the circumstances.
8.3 WAYFARER EXPERIENCES reserves the right to change, at any time, the Wayfarer Support Person of any tour. If this happens, WAYFARER EXPERIENCES will try to ensure that the alternative support person has expertise commensurate with that of the support person. Any such change by WAYFARER EXPERIENCES will not give rise to any right on your part to cancel the tour or claim any expenses, loss or damage which you may suffer.
9. CANCELLATION DUE TO TOUR BOOKING NUMBERS
9.1 WAYFARER EXPERIENCES reserves the right to cancel any tour prior to departure in the event that there are too few people booked on a tour. In such circumstances you will be given a full refund of the tour price paid by you. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including visa, passport costs, vaccination charges, gear purchases, airfares, airport and airline taxes).
9.2 The operational status of your tour will be advised 60 days prior to the start date of your tour. We advise against paying for your international flights until your trip has been confirmed as going ahead.
10. CHANGES, POSTPONEMENT, CANCELLATION OR DELAYS BY WAYFARER EXPERIENCES
10.1 Subject to Condition 11, WAYFARER EXPERIENCES reserves the right to:
10.1.1 change the date of departure or conclusion of the tour;
10.1.2 modify any aspect of the tour, to ensure the safety of the participants.
10.1.3 cancel or modify any routes within the tour or objectives set out in the itinerary; or
10.1.4 substitute different or equivalent routes within the tour in place of cancelled or modified routes, or postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the tour) any such aspect of the tour if, in the absolute discretion of WAYFARER EXPERIENCES, it is necessary to do so due to government travel warning or advice, or any change in such warning or advice, inclement weather, snow or icy conditions or conditions that are otherwise likely to be hazardous or dangerous or due to any other adverse or threatening conditions whether political or military or terrorist or otherwise or in the case of any real or perceived health risk (including SARS or bird flu), or if, in the absolute discretion of WAYFARER EXPERIENCES, there is a likelihood of any such event occurring which may impact upon the safety of the participants, or if an act or omission of a third party prevents the tour or the aspect of the tour being undertaken in accordance with your booking or for any other reason considered necessary by WAYFARER EXPERIENCES.
11. SIGNIFICANT ALTERATIONS TO ESSENTIAL TERMS
11.1 Most of these changes will be minor, and where changes are minor and in such cases you may seek to switch, transfer or cancel your tour in accordance with Conditions 2, 3 and 5 respectively.
11.2 If there is a significant alteration to an essential term (and this depends upon the nature of the tour and must take into account that adventure holidays require participants to be flexible) then WAYFARER EXPERIENCES shall advise you as soon as possible.
11.3 If there is a significant alteration to an essential term (or if the tour is cancelled by WAYFARER EXPERIENCES) you may either:
11.3.1 accept the changes to the tour and proceed with the tour (provided it has not been cancelled);
11.3.2 if WAYFARER EXPERIENCES is able to offer such an option, accept a replacement tour of equivalent or higher price and/or standard;
11.3.3 if WAYFARER EXPERIENCES is able to offer such an option, accept a replacement tour of a lower price and/or standard, in which case WAYFARER EXPERIENCES shall refund you the difference in price if WAYFARER EXPERIENCES is able to recover such monies; or
11.3.4 WAYFARER EXPERIENCES shall refund you all monies paid under the contract.
11.4 Other than as set out in this Condition 11, you will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such change, modification, cancellation, postponement or delay (including visa costs, passport costs, vaccination charges, equipment purchases, airfares, airport and airline taxes).
12. ITINERARIES AND BROCHURES
12.1 Itineraries and other details, including minimum operating numbers, are published in good faith as statements of intention only and reasonable changes in the itinerary and related items may be made where deemed necessary or advisable by WAYFARER EXPERIENCES.
12.2 The information contained in WAYFARER EXPERIENCES brochures, itineraries, and website is, to the best of WAYFARER EXPERIENCES belief, correct at the date of publishing.
13.1 It is a condition of booking a tour with WAYFARER EXPERIENCES that before you travel with WAYFARER EXPERIENCES, you must either:
13.1.1 take out a policy under the travel insurance scheme offered by WAYFARER EXPERIENCES; or
13.1.2 take out a policy of travel insurance which is acceptable to WAYFARER EXPERIENCES.
13.2 To be acceptable to WAYFARER EXPERIENCES, a policy of travel insurance must:
13.2.1 be valid for the entire duration of the tour; and
13.2.2 cover you for illness, injury, death, loss of baggage and personal items, cancellation, curtailment, emergency rescue and repatriation.
13.3 You agree that it is your responsibility to check the adequacy and validity of any insurance policy effected by or on your behalf and you must provide evidence to WAYFARER EXPERIENCES that you have obtained personal travel insurance.
13.4 You agree it is your responsibility to have cover for any pre-existing medical conditions if applicable and should you not be able to get cover for a certain condition, then you agree to cover any costs associated with repatriation or emergency health care whilst on a WAYFARER EXPERIENCES tour.
13.5 Personal travel insurance is not included in the tour price.
14. PASSPORTS, VISAS OR VACCINATIONS REQUIRED FOR TRAVEL
14.1 Your passport must be valid for at least 6 months after the date of your return.
14.2 It is your responsibility to obtain a passport, proper identification or proof of citizenship as required by the authorities of the destination to which you are travelling. You will not be entitled to a refund if you are denied boarding or entry on any basis, including improper documentation or failure to provide information.
14.3 It is entirely your responsibility to obtain the relevant medical advice and vaccinations and make all other necessary preliminary arrangements including compliance with visa requirements, and we accept no responsibility whatsoever in the event that these matters are not dealt with prior to departure.
14.4 In some cases, full and correct passport information is required when a booking is submitted to us in order that we can obtain necessary tickets, permits and visas on your behalf. If you do not supply the appropriate and correct information when you make your booking, we will not be able to make the necessary bookings on your behalf and cannot be held responsible.
15. TOUR PRICE REVISIONS
15.1 The price of the tour may be revised upwards or downwards to reflect changes to:
15.1.1 transportation costs (including fuel costs);
15.1.2 dues, taxes and fees and for services such as landing taxes or embarkation or disembarkation fees; and
15.1.3 the exchange rate applied to particular tours.
15.2 WAYFARER EXPERIENCES will absorb all cost increases after full payment has been made.
5.3 The most current prices will be listed at www.wayfarerexperiences.com.au so you will be deemed to have visited and to have agreed to these prices before booking.
15.4 WAYFARER EXPERIENCES reserves the right to modify tour prices up until final payment made by you.
15.5 Any increase in tour prices must be paid in line with Condition 1.3.
16. EXCLUSIONS FROM TOUR PRICE
The items not included in the tour price include personal travel insurance; visa, passport and vaccination charges; departure, airport and airline taxes; meals, transport costs, accommodation costs, or other expenses not included in the itinerary; laundry, personal clothing; medical expenses; beverages and items of a personal nature; emergency evacuation and/or emergency search charges; additional expenses caused by delay, accidents or disruption of planned itineraries; tips; excess baggage charges, City Tax payments. Refer to our trip notes for full details of inclusions and exclusions.
17. FORCE MAJEURE
If WAYFARER EXPERIENCES is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of act of God, adverse weather conditions, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside WAYFARER EXPERIENCES reasonable control, WAYFARER EXPERIENCES will be under no liability whatsoever to you and may, at its option, by written notice to you either cancel the tour or take any other action as specified in Condition 11.
18. ASSUMPTION OF RISK
18.1 You acknowledge and agree that:
18.1.1 by the very nature of Wayfarer Experiences, they are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays;
18.1.2 the additional dangers and risks associated with adventure travel may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; political instability; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;
18.1.3 the enjoyment and excitement of adventure travel is derived in part from the inherent dangers and risks associated with adventure travel and that those inherent dangers and risks are a reason why you wish to undertake the adventure tour;
18.1.4 the very nature of the adventure travel undertaken by you may require considerable flexibility on your part, necessitating alternative arrangements to be made to the itinerary at short notice; and
18.1.5 you have submitted your booking for the tour after giving due consideration to relevant travel information including any information or advice issued by the Australian Government Web Site – www.smarttraveler.gov.au and that it is your responsibility to acquaint yourself with that information or advice. For the above reasons you therefore accept the inherent and increased dangers and risks associated with the proposed tour and the accompanying risk of injury, death or property damage or loss.
19. LIMITATION OF LIABILITY
19.1 Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities.
19.2 You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in Australia. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply.
19.3 You understand that we will not be liable where any failure in the performance of the contract is due to:
19.3.2 a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable;
19.3.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
19.3.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.
19.4 Our liability, except in cases involving death, injury or illness arising from our negligence, shall be limited to a maximum of three times the cost of your travel arrangements.
19.5 You acknowledge and agree that:
19.5.1 WAYFARER EXPERIENCES will not be liable for any breach of any law by any person with whom you travel on the tour; and
19.5.2 you may not rely on any representations concerning the tour made by WAYFARER EXPERIENCES which are not contained in these conditions.
20. RELEASE AND DISCHARGE FROM ALL CLAIMS
To the extent permitted by law, by accepting the additional inherent dangers and risks associated with the tour, you release, waive and discharge all WAYFARER EXPERIENCES representatives from all claims, actions or losses for personal injury or death, property damage, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the tour or any activities conducted in conjunction with the tour unless caused by the reckless conduct of WAYFARER EXPERIENCES representatives, or in connection with any optional activities which you may undertake during the course of your tour but which do not comprise part of your tour itinerary and you accept that any assistance given to you by WAYFARER EXPERIENCES representatives in arranging such optional activities will not render the WAYFARER EXPERIENCES representatives liable to you in any way.
21.1 Waiver: A party will not be deemed to have waived any of its rights or remedies under these conditions or at law by allowing any time or indulgence or by not exercising any right or remedy arising out of any default by the other party.
21.2 Severance of conditions: If any part of any condition is illegal, unenforceable or invalid, it is to be treated as removed from these conditions, however, the remainder of these conditions are not altered.
21.3 Responsibility: Our responsibility does not commence until you have met our representative at the appointed time at the designated meeting point. If you fail to arrive there at the appointed time, we shall not be responsible for any additional expenses incurred by you in order to meet up with the group.
21.4 Privacy: You permit WAYFARER EXPERIENCES to collect personal information from you, or from your medical practitioner, regarding your health and medical condition. You acknowledge that this personal information may be disclosed to WAYFARER EXPERIENCES representatives in order to ensure your safety and well being but will not be used by them for any other purpose.
21.5 Arbitration: Any complaint arising out of your tour must be brought to the attention of the local WAYFARER EXPERIENCES agent or representative. Your complaint should be made in writing within 48 hours of the cause of the complaint and acknowledged by the WAYFARER EXPERIENCES support person or staff confirming that it was brought to his or her attention. If your complaint is not satisfactorily resolved and you wish to pursue the matter on return from your tour, you must submit your written complaint to us within 14 days of your return. WAYFARER EXPERIENCES will not be liable in relation to any complaint or problem if you fail to notify the WAYFARER EXPERIENCES support person or staff during the tour or WAYFARER EXPERIENCES upon your return, strictly in accordance with this Condition 21.5.
21.6 Law and Jurisdiction: Subject to Condition
22.5, these conditions (including all matters arising from them) are subject to Australian law.