Terms and Conditions

STANDARD TERMS AND CONDITIONS INCLUDING WAIVER FOR TOURS & ATTRACTIONS 

1. General 

1. These Terms and Conditions (“T&C’s”) apply to the Booking made by the Customer with Keogh’s Adventures Pty Ltd (ACN 679 933 692) or otherwise known as the Provider hereon forth. 

2. The Website is operated by Keogh’s Adventures. Access to and use of the Website, is provided by Keogh’s Adventures. Please read these T&C’s carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the T&C’s. If you do not agree with the T&C’s, you must cease usage of the Website immediately 

3. By making a Booking (directly or through a third party), the Customer agrees to these T&C’s for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s. 

4. By making a Booking, the Customer has read and understood the disclosure of risks set out in these T&C’s, and voluntarily accepts the risks and agrees to be bound by these T&C’s. If the Customer does not agree with the T&C’s, they must cease usage of the Services provided. 

5. The Provider reserves the right to review and change any of the T&C’s by updating these T&C’s at its sole and absolute discretion without notice. Any changes to the T&C’s take immediate effect from the date of their publication. 

2. Definitions 

“Activity” means any tour (including and not limited to ride-a-along or tag-a-long tours), event or attraction and any incidental activities offered by the Provider. 

“Authority” means: 

1. a government or government department or other body in Australia; or 

2. a governmental, semi-governmental or judicial person, including a statutory corporation in Australia; or 

3. a person (whether autonomous or not) who is charged with the administration of a law in Australia. 

“Booking” means a booking of an Activity made directly or through a third party with the Provider, through the website, or any other express or implied representations intended to give rise to a Contract. 

“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise. 

“Contract” means the contract entered into between the Provider and the Customer consisting of the Provider’s quotation of Costs, the Customer’s acceptance of the quotation, whether written or verbal, these T&Cs and any additional documentation provided by the Provider relating to an Activity. 

“Cost” means the total amount payable to the Provider by the Customer for the Activity (as varied by the Provider from time to time notified to the Customer). 

“Customer” “You” or “Your” means the person/s attending the Activity (and includes all persons included in the Booking). 

“Deposit” means a non-refundable and non-transferrable one-time payment payable to the Provider at the time of Booking, or such other amount as stipulated by the Provider from time to time for the agreed Services provided.  

“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:  

1. inability to obtain goods, supplies or services, including fuel, accommodation or access to an attraction; 

2. forces of nature (including fire, earthquake, storm, flood or other casualty or accident); 

3. war, civil strife, terrorism or other violence; 

4. industrial action, or any action or inaction by an Authority; 

5. any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and 

6. epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority.  

“Goods” means all property, equipment of any nature, facilities, chattels, fixtures and fittings, and goods of any description. 

“GST” means GST under the GST Act.  

“GST Act” means A New Tax System (Products and Services Tax) Act 1999 (Cth) (as amended).  

“Implied Warranties” means all warranties of any nature in relation to the Activities (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise). 

“including” is deemed to be followed by the words “without limitation”. 

“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person. 

“Medical Questionnaire Form” means the medical questionnaire form provided by the Provider to the Customer (as updated from time to time). 

“Provider” “We” “Us” “Our” or “Keogh’s Adventures” means Keogh’s Adventures Pty Ltd (ACN 679 933 692), its Representatives and assignees. Keogh’s Adventures is an adventure Services provider company which provides Activities on a Contract and the T&C’s set out in this document. 

“Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider.  

“Service” means the services provided by the Provider to the Customer to facilitate the Activity pursuant to the Contract. 

“Ride-a-long Customers” means any Customers who decide to ride as a passenger with the Provider using the Provider’s own vehicle or means of transportation for the Activity. 

“Tag-a-long Customers” means any Customers who decide to using their own vehicle or means of transportation for the Activity. 

“Tax Invoice” has the meaning specified in the GST Act.  

“Waiver” means the waiver, release, discharge and indemnity published by the Provider and accepted by the Customer at the time of making the Booking. 

“Website” means www.keoghsadventures.com.au or any other website operated by Keogh’s Adventures as advised to the Customer.  

3. Bookings 

1. Bookings are subject to availability and create a binding Contract between the Provider and the Customer subject to the T&C’s once the Deposit is paid and confirmed by the Provider in writing.  

2. The Provider reserves the sole right to decline any Booking or request at its absolute discretion. If the Provider chooses to decline the Booking the Deposit (if paid) will be refunded to the Customer.  

3. Unless otherwise determined by the Provider prior to or at the time of Booking, the following provisions apply: 

1. the Deposit shall be paid at the time of Booking; 

2. payment of the balance of the Cost is required 30 days prior to commencement of the Activity;  

3. if the Booking is made within 30 days of the commencement of the Activity, full payment of the Cost is required at the time of Booking;  

4. a list identifying all persons participating in the Activity is to be provided at the time of Booking; and  

Specials / Packages: 

5. the Provider reserves the right to promote / offer the Activity on terms and conditions different to the T&C’s (including as to Cost, Deposit, payment terms and cancellation terms) at its absolute discretion and for each Booking therein made on those terms and conditions shall prevail over the T&C’s with respect to any inconsistency. 

4. A valid credit card is required at the time of Booking. The Customer’s credit card will be held as security for the Booking and utilised for any payments, outstanding charges, cancellation fees, no-show fees, damage and any breach of these T&C’s.  

5. Failure by the Customer to make payment as required in accordance with the T&C’s, or as otherwise requested by the Provider, may result in the Booking being cancelled the Deposit being forfeited and the Provider making available the Activity, or any part thereof, to other persons.  

6. If the Customer makes payment by way of credit card, the Customer warrants that the information provided to the Provider 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 Customer is responsible and must inform the Provider if any payment details have changed since the Booking. 

4. Costs 

1. Costs are in Australian Dollars (AUD, A$, $) and inclusive of GST.  

2. Costs are subject to change. The Provider reserves the absolute right to vary Costs without notice from time to time. Cost will not be varied for Bookings that have been paid in full, or for which a Deposit has been paid. 

5. Cancellation 

1. All cancellations must be in writing and sent to the Provider in accordance with the notification requirements in the T&C’s. It is the Customer’s responsibility to ensure the Provider has received notice of any cancellation of the Booking.  

2. Subject to these T&C’s, where the Customer cancels the Booking: 

1. more than 45 days prior to the commencement of the Activity, the Deposit paid will be forfeited, and any remaining monies paid may be forfeited at the Provider’s absolute and sole discretion;  

2. 45 days or less prior to the commencement of the Activity (including on the day of the Activity and no shows), all monies paid by the Customer will be forfeited.   

The Provider may cancel any Services by providing written notice to the Customer in their absolute discretion.  

6. Provision of the Service 

6.1 In consideration of the payment of Costs as provided in the T&C’s, the Provider shall provide the Service to the Customer in accordance with the Contract. 

6.2 Where the Contract includes the provision of any additional Service, and the Service is offered by the Provider, the Customer shall pay for the Costs of the additional discretionary Service in accordance with the Contract.  

6.3 The Provider shall use its best endeavours to provide the Service on the date specified in the Contract but shall not be responsible for any loss or damages  including without limitation loss of revenue, profits, goodwill, or opportunities or loss of anticipated savings howsoever arising as a result of any delay or failure to provide the Services according to the Booking. 

6.4 Where the Provider has only partially completed part of the Services on the date of Booking, then the Provider may, at its absolute discretion, set a new Date(s) for the completion of the remainder of the Services until the Services are duly provided under the Contract or come to an arrangement with the Customer. The Customer agrees that they are liable for the Costs in accordance with Clause 4.2.  

7 Changes to Activity 

7.1 The Customer acknowledges that the nature of the Activity is likely to require considerable flexibility. The itinerary / program provided for each Activity is merely indicative of the types of activities contemplated. The Customer acknowledges that routes, schedules, itineraries, amenities, activities, mode of transport and other inclusions may be subject to alteration without prior notice due to local circumstances or events. As such the Provider reserves the absolute right to: 

1. cancel or modify any routes or any other aspect of the Activity; or 

2. substitute different or equivalent routes or aspects of the Activity; or 

3. postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the Activity, if in the absolute discretion of the Provider it is necessary to do so. 

7.2 The Provider will notify the Customer as soon as reasonably practicable of any amendments to the Activity. 

7.3 In the event of any change, modification, cancellation, postponement or delay to the Activity as contemplated under this clause, the Customer acknowledges that the Customer will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.  

8 Tag-a-long Customers 

8.1 The Tag-a-long Customer is solely responsible for providing their own vehicle to engage in the Activity that is in working order.  

8.2 The Tag-a-long Customer is responsible and liable for any damage (including any scratches, paint damage, general damage, and vehicle breakdown) caused to their vehicle whilst on the Activity. 

8.3 The Tag-a-long Customer is solely responsible for maintaining the condition of their vehicle (includes regularly checking water, battery and oil levels, as well as tyre pressures), any costs associated for maintenance prior to the Activity and during the Activity, and any vehicle repairs or towing expenses.  

8.4 The Tag-a-long Customer is solely liable for any loss or damaged caused whilst using their vehicle in the Activity or incidental to the Activity and indemnifies the Provider for any loss or damage caused by the Tag-a-long Customer whilst partaking in the Activity or incidental to the Activity.  

8.5 The Tag-a-long Customer is solely responsible for all its passengers in their vehicle and is responsible for ensuring that all waste create by the passengers are taken away for appropriate disposal.  

8.6 The Tag-a-long Customer is solely responsible for ensuring that the adhere to all traffic laws and regulations and is solely liable for all traffic offences incurred during the Activity or incidental to the Activity.  

9 Property in Goods 

9.1 All Goods supplied by the Provider remain the property of the Provider. 

9.2 The Customer shall not alter, change, replace or otherwise interfere with any Goods. 

9.3 The Provider takes no responsibility for the suitability of the Goods for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that all Goods are suitable for the Customer’s specific needs. 

9.4 The Customer shall be responsible for any damage or loss of Goods owned by the Provider and shall be liable to the Provider to indemnify, repair or replace these Goods. 

9.5 The Customer shall ensure that the Goods are not damaged or destroyed and shall return all Goods in the same condition as provided, fair wear and tear excluded. 

9.6 The Provider has the right to inspect the Goods at any time.  

10 Behaviour Policy 

10.1 Anti-social behaviour (including behaviour of a sexual or discriminatory nature) and intoxication during the Activity and/or creating a disturbance to other customers and/or Representatives will not be tolerated and may result in immediate termination of the Services provided for the Customer.  

10.2 Where the Services are terminated pursuant to this clause, the Customer shall forfeit any and all monies paid to the Provider. 

10.3 The Provider shall not be responsible or liable for any acts or omissions or default whether negligent or otherwise of the other participants on an Activity.  

11 Customer’s Warranties 

11.1 The Customer represents and warrants that the Customer: 

1. is over 18 years old (other than any minors accompanying the Customer)If minors are travelling with the Customer, the Customer is solely responsible for their minors; 

2. is holding a driver’s licence that is valid in Australia and is solely responsible for ensuring that any co-drivers are holding a valid driver’s licence in Australia;  

3. is medically fit to perform, or engage in the Activity and that the information provided by the Customer in the completed Medical Questionnaire Form is correct; 

4. is competent to safely engage in the Activity; 

5. has not relied on any representations or warranties that may have been made by the Provider or its Representatives except for the Website in relation to the Activity and has voluntarily made a Booking and entered into the Contract; 

6. has taken, had the opportunity to take, or has elected (expressly or impliedly) to not take independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of these T&C’s; and 

7. has authority to, and does hereby, enter into these T&C’s and the Contract on the Customer’s own behalf and on behalf of all minors accompanying the Customer. 

11.2 The Customer warrants that: 

1. the Customer has and will comply with all applicable laws; 

2. the Customer has and will comply with all lawful directions of the Provider; 

3. the Customer has not relied on any representations or warranties that may have been made by the Provider or its Representatives except for those that have been provided in writing; and 

4. the Customer will report any and all hazards immediately to the Provider. 

12 Termination 

12.1 The Provider may terminate the Contract immediately if there has been a breach of the T&C’s by the Customer.  

12.2 Any termination of the Contract in accordance with this provision will result in all monies paid by the Customer to the Provider being immediately forfeited by the Customer to the Provider.  

12.3 The termination of the T&C’s does not affect 

1. the accrued rights, obligations, remedies of the Provider;  

2. any rights and remedies of the Provider that arise or are intended to arise in the future; and 

3. Claims by the Provider against the Customer. 

13 Liability and Waiver 

13.1 The Customer has read and understood the disclosed risks set out in these T&C’s, and voluntarily accepts those risks and agrees to be bound by these T&C’s on voluntarily entering the Contract. 

13.2 The Customer acknowledges the risks associated with participating in the Activities which include, but are not limited to: 

1. loss or damage to property, injury, illness or death; 

2. slipping and falling, collisions with fixed objects and or other participants; 

3. drowning in, and being exposed to polluted or contaminated water;  

4. attack or injury from wildlife; 

5. dangerous or inclement weather conditions; 

6. contracting illnesses from contact with objects and surfaces while participating in the Activity;  

7. limited mobile and telephone reception and access to medical facilities and assistance;  

8. the behaviour and acts or omissions of other customers, Representatives and participants; 

9. equipment failure that could not have been reasonably foreseen through regular maintenance inspections of any faults or issues in the equipment provided; and  

10. first aid, emergency treatment, safety rescues or services rendered or failed to be rendered by the Provider or its Representatives. 

13.3 The Customer is aware of the dangers associated with the consumption of alcohol, mind altering substances, drugs (including over the counter or prescribed medication) or other substances which may impair any judgment or physical ability or capacity to safely participate in the Activity and accepts full responsibility and indemnifies the Provider for any injury, loss or damage associated with the Customer’s consumption of alcohol, mind altering substances, drugs or other substances which impairs the Customer’s judgment, physical ability or capacity to safely participate in the Activity.  

13.4 To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to: 

1. in the case of any Implied Warranty relating to Goods: 

1. the replacement of those Goods or the supply of equivalent Goods; or 

2. the cost of replacing those Goods or supplying equivalent Goods; and 

2. in the case of any Implied Warranty relating to Services: 

1. the re-supply of those Services; or 

2. the cost of re-supply of those Services.  

13.5 The Customer has read, understood and agrees to comply with all rules, regulations, procedures, instructional material and other information provided to the Customer or published by the Provider or relating to the Activity. 

13.6 While participating in the Activity the Customer will, at all times, follow: 

1. the lawful directions of the Provider or any of its Representatives; and 

2. any signage displayed at or in relation to the Activity.  

13.7 While participating in the Activity the Customer will: 

1. abide by all laws; 

2. not introduce or create any hazards to persons, property, flora or fauna; and 

3. not, by the Customer’s acts or omissions or defaults, breach any terms of these T&C’s.  

13.8 To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies the Provider and its Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, and for loss in any way arising out of or related to the Activity, Services provided or the T&C’s, including but not limited to property loss or damage, bodily injury or death. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of the Provider and/or its Representatives. 

13.9 The Provider and their 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 Activity or the T&C’s.  The Customer agrees to indemnify, and keep indemnified, the Provider and its Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to: 

1. the Customer observing or participating in the Activity (whether operated by the Provider or a third party);  

2. the Customer’s acts or omissions while participating in the Activity; 

3. any cancellations or variations by the Provider; and 

4. any directions to the Customer by the Provider. 

13.10 The Customer has had the opportunity to consider the risks associated with participating in the Activity and freely and voluntarily accepts: 

1. all of the risks  that may result from the Customer participating in the Activity; and 

2. any and all consequences which may result from those risks (whether foreseeable or unforeseeable). 

13.11 The Customer covenants not to sue or commence any proceedings against the Provider and/or its Representatives in respect of any loss , damage or breach arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally, a minor under the supervision of the Customer, or to any of the Customer’s property) which occurs while participating in the Activity.   

13.12 This clause: 

(a) is intended to be as broad and inclusive as is permitted by law; and 

(b) does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time. 

14       Goods & Services Tax 

14.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST. 

14.2 The Customer agrees to pay GST in respect of any goods or services that the Provider supplies to the Customer and or are supplied to the Customer on behalf of the Provider. 

14.3 The Provider will provide the Customer with a Tax Invoice at the time of the Booking under the T&C’s, or upon request. 

15 Insurance 

1. The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation, vehicle damage, vehicle breakdown, Force Majeure Events, and theft of personal property in order for you to be covered against any losses for which you would otherwise be liable under the Contract. A copy of this insurance must be provided to the Provider prior to commencing any Activity by the Customer.  

2. If a Tag-a-long Customer, must have a valid form of vehicle insurance (in additional to third party) to cover any damage or misadventure.  

3. In the event a Customer does not, cannot, or is unable to obtain comprehensive travel and medical insurance, the Provider has sole and absolute discretion to refuse the Customer from participation of the Activities, and any monies paid will be forfeited by the Customer to the Provider. 

16 Force Majeure Event 

16.1 If any Force Majeure Event results in the Provider being prevented from, or delayed in, performing any of its obligations to the Customer: 

1. then such a delay or prevention of performance shall not be deemed to be a breach of the Contract or these T&C’s; 

2. no loss or damage shall be claimed by the Customer from the Provider by reason thereof; and 

3. the Provider shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event. 

16.2 In the event of a Force Majeure Event, the Provider, in its absolute discretion may: 

1. substitute a different or equivalent Activity in place of the cancelled Activity; 

2. postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Activity if in the absolute discretion of the Provider it is necessary to do so; 

3. offer a transfer of the Activity, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Provider in the circumstances), which transfer option is subject to availability; or  

4. offer the Customer a credit, to the value of any monies paid, which credit will be valid for use within 24 months from the issue date (or such other longer period as determined by the Provider in its absolute discretion), provided that:  

1. any additional costs payable on the new booking will be payable by the Customer in full;  

2. additional costs may apply for the Activity in future seasons; 

3. credit terms and conditions are final; 

4. credits are not able to be extended beyond their expiry date; and 

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

17 Personal Information 

17.1 The Customer’s personal information may be used by the Provider and may be disclosed to the Provider’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Provider. Any use or disclosure of the Customer’s personal information by the Provider will be in accordance with the Privacy Act 1988 (Cth).  

17.2 The Customer acknowledges that photos or video of the Customer may be taken by the Provider or its Representatives. These images may be used in any promotional materials, website, social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to the Provider to not use the Customer’s image prior to the booking payment. Otherwise, the Provider is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes. 

18. Notice 

18.1 Any notice required or permitted to be given under these T&C’s or for the purposes of these T&C’s shall be in writing and shall: 

(a) If to the Customer, be sent by email to the Customer as set out in the Booking or via prepaid registered mail or delivered by hand to the address of the Customer, or such other  address the Customer designates in writing, or by Keogh’s Adventures posting a notice on its Website; and 

(b) if posted on the Website, the notice is deemed to have been given 1 business day after the notice was posted on the Website; or 

(c) if the notice was sent to the Customer, the notice is deemed to have been given on the first business day after the notice was sent if send via mail, unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery. 

(d) If to Keogh’s Adventures, be sent by email to the contact email address on the Website or by prepaid registered mail or delivered by hand to the address of Keogh’s Adventures set out in these T&C’s, and such notice is deemed to have been given 3 business days after the notice was sent via mail unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery. 

17.2. Any notice given or made under these T&C’s sent by email must comply with the following: 

(a) the notice is sent to the email address last notified by the intended recipient to the sender; and 

(b) the sender keeps an electronic or printed copy of the notice sent. 

17.3. A notice sent by email will be deemed to have been given on the first to occur of: 

(a) receipt by the sender of an email acknowledgment from the recipient’s information system showing that the notice has been delivered to the email address stated above; 

(b) the time that the notice enters an information system that is under the control of the recipient; or 

(c) the time that the notice is first opened or read by an employee or officer of the recipient. 

18. Severance 

18.1 If any part of the T&C’s is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C’s must be construed as if that provision or part of a provision had been severed from the T&C’s.  

18.2 The parties will remain bound by all of the  provisions remaining after severance. 

19 Governing Laws 

19.1 The T&C’s are governed by and shall be construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia.  

19.2 The parties irrevocably: 

1. submit to the exclusive jurisdiction of the Courts of Western Australia, Courts of the Commonwealth of Australia and the Courts competent to determine appeals from those Courts: 

1. for determination of any dispute claim or demand; or 

2. with respect to any proceedings which may be brought at any time relating to these T&C’s. 

2. waive 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. 

20 Accommodation 

20.1 The Provider will take reasonable endeavours to obtain accommodation in accordance with the Contract.  

20.2 The Provider reserves the absolute right to substitute accommodation in event of accommodation unavailability and will use  reasonable endeavours to ensure that the substitute accommodation is to a comparable standard.  

20.3 The Provider does not give any guarantees as to the substituted accommodation  where necessary. 

20.4 Substitution is not a breach of an essential term of the Contract and does not give contractual rights to the Customer to seek indemnity, damages, or any other lawful recourse, or make any Claims against the Provider.  

21 Health & Fitness 

21.1 It is the Customer’s responsibility to ensure that they and any accompanying individuals, including minors, have a suitable level of health and fitness to undertake the Activity. 

21.2 Customers who make a Booking for any Activity must complete the “Medical Questionnaire Form” that is issued by the Provider and return it 14 days prior to the date of departure. A separate Medical Questionnaire Form must be completed for each Customer and accompanying individual, including minors.   

21.3 The Provider retains absolute discretion to cancel the Customer’s Booking or refuse Service without any right of refund of any monies paid to date if the Customer fails to complete and return the Medical Questionnaire Form at least 14 days before departure.  

22 Disclaimer 

22.1 The Customer acknowledges that some walking tracks have sections of steep, uneven, rocky ground and may be slippery. Temperatures may be extreme. The Customer is required to have a reasonable level of mobility and to be able to board and alight vehicles unaided by Representatives. The Provider will not be liable for any remedies If the Customer is unable to complete any Activity due to the matter described in this clause. 

22.2 The Customer understands that Representatives will only provide general assistance throughout the Service and are unable to meet the needs of customers requiring special medical attention. If the Customer requires special medical accommodations, they must communicate to the Provider their medical needs and the Customer is solely responsible to manage their special medical needs including bringing their own medical supplies.  

22.3  If the Customer is unsure of their ability to undertake the Activities, they must contact the Provider for general advice prior to making a Booking. They must also take steps to attain independent legal, medical and other relevant advice if necessary.  

23 Medical Conditions 

23.1 The Customer has an ongoing obligation to truthfully disclose any previous, existing, new, or changed medical condition to the Provider at the time of Booking and prior to the Service.  

23.2 Customers who make outback tour Bookings must disclose any medical conditions via the Medical Questionnaire Form as per clause 21.  

23.3 The Provider may request that the Customer provides an assessment of their medical condition from a qualified medical practitioner registered in Australia. The Provider retains sole and absolute discretion to refuse, and cancel the Booking of any Customers who have a previous, existing, new, or changed medical condition which:  

1. may reasonably increase the risk of needing medical attention; or 

2. does not provide an accurate assessment of medical conditions from a qualified medical practitioner; or 

3. fails to provide a medical assessment within the timeframe stipulated above. 

23.4 The Provider does not accept liability for any cancellations arising from Health & Fitness or Medical Conditions of a Customer. 

24 Dietary Requirements 

24.1 Special dietary requests are required to be notified to the Provider within 7 days after the Provider issues the Booking confirmation.  

24.2 The Customer must accurately convey to the Provider any and all allergies to the best of the Customer’s knowledge on the “Medical Questionnaire Form” and update the Provider promptly from time to time on any changes.  

24.3 The Provider will make reasonable attempts to fulfil the Customer’s dietary requests however does not make any guarantees that such dietary requests will be fulfilled. 

24.4 It is the Customer’s responsibility to take reasonable steps to ensure that they do not ingest any meals and/or beverages that contain any allergens to the Customer. The Provider is not liable to the Customer for any adverse reactions to meals and/or beverages that contain allergens other than in circumstances of gross negligence.  

25 Alcohol and Drugs 

25.1 If the Customer elects to drink alcoholic beverages provided as part of the Activities, it is the Customer’s sole responsibility to manage their consumption and ensure that they are not under the influence of alcohol when driving a vehicle.  

25.2 There is a zero-tolerance policy for the possession or use of any drug prohibited by the law. If found in possession of any drug, the Provider may terminate the Contract in accordance with clause 12 of the T&C’s.  

25.3 The Provider is not liable to compensation for any loss, expense, or liability directly or indirectly arising from, related to, or associated or in connection with or in respect of consumption of alcohol and/or use of drugs. The Customer will indemnify the Provider for any damage caused whilst under the influence of alcohol and/or drugs.  

26 Permitted Items  

26.1 Ride-a-long Customers are allowed to bring luggage that is limited to:  

(a) one medium size suitcase or soft bag weighing no more than 15 kg per person. The sum of the luggage’s width, length and depth must not exceed 140cm; and 

(b) one hand luggage or backpack to be stored in the overhead luggage racks. Hand luggage must not to exceed 3 kg per person. 

26.2 The Customer must not bring any goods or objects of a flammable nature or which the Provider would reasonably consider as harmful or has a risk of significantly detracting from the enjoyment of other customers, including:  

1. firearms, knives, weapons or sharp objects; 

2. alcohol for consumption onboard or illegal drugs of any kind;  

3. items that may become or are dangerous, such as seal batteries, explosives and poisons (such as pesticides and herbicides);  

4. drones;  

5. animals, with the exception of guide or assistance dogs. The Customer must advise the Provider prior to Booking if they wish to be accompanied by a guide or assistance dog; and  

6. items prohibited by law.  

26.3 It may not always be possible to accommodate guide and assistance dogs as many adventures traverse remote and native title areas, vehicles may be confined, and third party consents may be required.  

26.4 Luggage limits are enforced. Customers will be required to leave any excess luggage at the point of departure for the duration of the Service, which will be stored at the Customer’s risk and cost. The Customer will be responsible and liable for any shipping costs to any such address as they notify. 

27 Medical Treatment 

27.1 The Customer acknowledges that the scope of Services provided may include overnight accommodation in remote areas which are located in considerable distances from hospitals, medical centres or other medical facilities.  

27.2 The Customer acknowledges that there may be occasions where first aid will be required due to an accident, illness, injury or other medical condition whilst on an Activity. The Customer consents to the Provider and/or its Representatives providing first aid on the basis that:  

1. Representatives are not qualified medical professionals;  

2. the Provider and Representatives make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and  

3. to the fullest extent permitted by law, the Provider and its Representatives will not be liable for any care given or not given except in the instance of gross negligence.  

27.3 The Customer is solely liable for any and all costs incurred from and incidental to any medical treatment. This may include attendance or evacuation by the Royal Flying Doctor Service or any other medical services.  

See Privacy Policy here