These terms and conditions (Terms) are incorporated into our contract with you. Please read them carefully. When we refer to “us” or “we” we are referring to Adam Smith Holdings Pty Ltd trading as Tracks 4×4 Tagalong and where appropriate its directors, employees and agents and when we refer to “you” we are referring to each traveller in the booking group . You may accept them by signing this document or by making a booking. Each traveller must sign the Terms before departure.
1. You acknowledge and agree that;
- tours frequently operate in remote areas and from time to time it may be necessary or desirable to make changes to an itinerary.
- The tours are challenging self drive adventures and conditions may vary.
- We cannot guarantee exact arrival and departure times.
- We are not a carrier, hotelier, travel agent or owner of watercraft, aircraft or accommodation and all bookings made with us are subject to the terms and conditions and limitations on liability imposed by other suppliers who may limit or exclude liability in respect to death, personal injury or delay.
- We will rely on the information and warranties that you give to us.
- Our tours must have a minimum of 3 participating vehicles
2. You warrant that;
- if you are a driver, you have a suitable level of driving experience and skill.
- you do not have any pre-existing medical condition or disability which will or may prevent or affect your ability to complete the tour.
- you have, or will have at the time of the tour, a comprehensive travel insurance policy which covers cancellation, medical evacuation, hospitalisation, injury, theft of personal property and any consequential damages.
- if you are a driver, you have a driver’s licence which is valid in Australia and that licence will be current for the duration of the tour
- any vehicle that you use on the tour is and will be registered and comprehensively insured.
- your vehicle has been and will be maintained to a standard commensurate with the actual and anticipated conditions on a tour.
- you have read and understood these terms and conditions.
- if we ask for proof of any of these matters you will provide that to us.
3. We agree;
- to use our best endeavours to operate all tours as advertised.
- to comply with statutory or other requirements imposed by third parties including, without limitation, Local, State, Territory governments and regulators and National Park owners or operators.
4. You agree
- to follow our instructions.
- To conduct yourself appropriately and not to act in a manner which does or may offend, distress or endanger tour staff or other travellers;
- to follow safety requirements and recommendations applicable to each venue and situation regardless of the party imposing or making same.
- that you have had the opportunity to obtain your own independent advice in relation to our agreement.
- Without limiting anything else in this agreement, to take reasonable steps to ensure your own safety.
- to advise us if any of the warranties set out above are, or become, incorrect.
- that if we, acting reasonably, take action necessary for the provision of medical services including, without limitation, medical evacuation by air or road you will be liable for the costs of, and associated with, that action.
- That you are liable for the cost of maintaining, towing, recovering or repairing the vehicle used by you including any consequential loss.
- That you are liable for the cost of maintaining, repairing or replacing any equipment that you provide or use on and in relation to the tour including any consequential loss.
- That you are liable for any fines or penalties incurred by you for traffic or other offences.
- That we may cancel a tour if a minimum number of bookings are not made
- That we may require you to leave the tour if you breach the Terms or if we, acting reasonably, determine that this is otherwise in the best interests of tour staff or other travellers.
- To indemnify us for any loss suffered or incurred by us and caused by any failure on your part to provide us with information or any breach of any warranty that you have given to us
BOOKING AND CANCELLATION
5 .To make a booking you must give us written instructions and pay a deposit equal to 25% of the total tour price. Payment may be made by Visa, MasterCard, American Express, Eftpos or direct deposit. Payments by credit card will attract a handling fee which will be advised at the time of booking.
6. A booking is accepted when we issue written confirmation to you.
7. Payment in full must be received by us 30 days before departure.
8. If a tour is cancelled by us whether because minimum bookings are not achieved or otherwise we will refund all amounts paid by you less any non-refundable deposits which we have paid on your behalf.
9. If you cancel your tour you must notify us immediately in writing. If your notification is received 31 days or longer before commencement of the tour we will refund any amounts paid by you less any non-refundable deposits we have paid on your behalf and any reasonable administration expenses. If your notification is received 30 days or less before departure no refund will be given.
10. Notwithstanding clause 9, we may, in our discretion, refund part or all of your payments or provide you with a credit to be used on another of our tours departing within 12 months of your original departure date.
LIMITATION OF LIABILITY
11. To the extent permitted by law we exclude all and any liability for loss or damage however caused, including consequential loss.
12. Without limiting the generality of clause 11 we will not be liable in any way for the acts, omissions or defaults , whether negligent or otherwise, of third parties.
13. Without limiting the generality of clause 11 we will not be liable in any way for any loss or damage (including consequential loss) to any persons or property caused , or contributed to, by your actions (whether negligent or otherwise) during or after the tour.
14. Without limiting the generality of clause 11 we will not be liable for any injury, loss or damage (including consequential loss) incurred or suffered by you due to any changed itinerary, delay, act of God, extreme weather event, storm, fire, earthquake, avalanche, explosion, pandemic, embargo, border closure, government directive or any other law or regulation (or change thereto) , litigation or dispute, war or terrorism.
15. These terms and conditions (other than clause 18) cannot be amended or waived unless in writing signed by each of you and us.
16. Our agreement is governed by and will be construed in accordance with the law of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that state.
17. Before commencing proceedings the parties will, in good faith, attempt to resolve any dispute between them.
18. Unless you advise us to the contrary in writing, you give us permission to use in our advertising or publicity materials any images (in whatever form) of you which have been taken by us or by other travellers .