Kimberley Tagalongs - Terms and Conditions

KIMBERLEY TAGALONGS TERMS AND CONDITIONS

 

Thank you for choosing ESCAPE MEDIA PTY LTD ABN 42 156 434 892, trading as KIMBERLEY TAGALONGS. Our services are provided to you subject to these terms and conditions. References to KIMBERLEY TAGALONGS include (where the context permits) our employees, agents, contractors and suppliers and these terms (including exclusions from liability) apply to their benefit.

 

These terms bind you and all persons travelling with you in your vehicle. You warrant that you have the authority to enter into this agreement on behalf of those persons, including any minors. Without limiting the generality of the foregoing you warrant that you have the authority to give the releases and indemnities set out in this agreement on behalf of those persons.

 

  1. You acknowledge and agree that:
  • Participation in any tour organised by Kimberley Tagalongs is voluntary.
  • Unless required by law or otherwise expressly agreed in writing by Kimberley Tagalongs, no refunds are payable and no claims may be made if you do not complete the tour regardless of the reason.
  • You must comply with our directions and advice while undertaking the tour and for matters related to the tour.
  • Participation on the tour involves group interaction with other participants and Kimberley Tagalongs and you agree to at all times act decently and with respect to other participants and Kimberley Tagalongs staff. You must not cause or create any nuisance to other participants, Kimberley Tagalongs or the general public.
  • We may cancel your participation in the tour at any time, without liability, if you breach these terms.

 

  1. KIMBERLEY TAGALONGS will use its best endeavours and make every effort to operate all tours as advertised.

 

  1. You understand that KIMBERLEY TAGALONGS and/or its agents operate in remote areas. KIMBERLEY TAGALONGS reserves the right to amend, vary, re-route or cancel an adventure itinerary where, in its best judgement, road, climatic, or other circumstances deem it to be necessary.

 

  1. KIMBERLEY TAGALONGS cannot guarantee exact arrival and departure times.

 

  1. KIMBERLEY TAGALONGS reserves the right to employ guides and trainers other than those advertised should the need arise.

 

  1. At the discretion of KIMBERLEY TAGALONGS, a tour may not proceed if minimum numbers are not achieved. KIMBERLEY TAGALONGS shall advise you as soon as possible should an adventure not proceed under this clause.

 

  1. No pets or firearms are permitted on any KIMBERLEY TAGALONGS tours, as many tours pass through National Parks.

 

  1. You understand and accept that KIMBERLEY TAGALONGS tours are challenging, self-sufficient experiences.

 

  1. You agree to observe the safety and other instructions of the authorized tour leader/guide/trainer for the duration of the tour.

 

  1. You understand and accept that KIMBERLEY TAGALONGS, its employees, subsidiaries and agents, is not itself a carrier or hotelier, does not make flight bookings, nor does it own aircraft or hotels. KIMBERLEY TAGALONGS takes every care in the selection of carriers, hotels, coach operators, driver/guides, travel agents and the suppliers of hire vehicles and other travel services used in adventure tours (all of which are hereafter referred to as “the other suppliers”).

 

  1. You understand and accept that all bookings made with KIMBERLEY TAGALONGS are subject to the terms and conditions and limitations and liability imposed by the other suppliers, some of whom limit or exclude liability in respect to death, personal injury or delay.

 

  1. You understand and accept that KIMBERLEY TAGALONGS is not in any way liable for the acts, omissions or default whether negligent or otherwise, of the other suppliers.

 

  1. While every care and precaution is taken, you understand that KIMBERLEY TAGALONGS is not liable for the sickness or injury of any participant. It is highly recommended that each participant purchase comprehensive travel insurance.

 

  1. You confirm that we do not have any pre-existing medical condition or disability which will impact on or prevent me/us from participating in or completing this tour.

 

  1. Where a tour is carried out in an area without proper medical services, KIMBERLEY TAGALONGS and its servants and agents are expressly authorised by you and each participant for whom we are responsible to take such action as is necessary for the provision of medical services. This shall include, but not be limited to, the arrangement of any medical evacuation service by air/road, the attendance of any doctor/nurse, and any necessary hospital service.

 

  1. You understand that all associated costs of the provision of medical services as specified in Clause 14 are to be borne by you.

 

  1. You are not entitled to any refund for any part of the tour that you miss due to sickness, illness or injury or due to any other circumstances outside the control of Kimberley Tagalongs.

 

  1. KIMBERLEY TAGALONGS strongly recommends that you take out a comprehensive travel insurance policy including medical evacuation coverage, cancellation and theft of personal property, in order for you to be indemnified against any losses for which you would otherwise be liable under this agreement.

 

  1. For logistical and safety reasons, a tag-along convoy organised by KIMBERLEY TAGALONGS can comprise no more than 8 vehicles (plus guide).

 

  1. You confirm that you and any co-drivers possess a driver’s license valid in Australia and the vehicle is currently roadworthy and free of known faults.

 

  1. You warrant that all drivers of the vehicle:
  • Are responsible for your vehicle and the persons in that vehicle and acknowledge that the driver is required to demonstrate a duty of care to all other road users, members of the public and other tour participants.
  • Are responsible for properly loading your vehicle and taking proper precautions for the safe carriage of your load including dangerous goods like gas cylinders. You must ensure that you comply with all manufacturers’ recommendations for the carrying of loads or towing of any trailers.

 

  1. You accept full responsibility for the maintenance of your vehicle during the tour. This includes regularly checking water, battery and oil levels and tyre pressures.

 

  1. You understand that ‘tagalong tours’ are challenging self-drive adventures traversing remote areas.

 

  1. You understand that the tour price does not include the cost of any vehicle repairs or towing expenses.

 

  1. You understand that you will be liable for all traffic offences incurred during the tour.

 

  1. It is understood that in the event that KIMBERLEY TAGALONGS arranges/facilitates hire of vehicles or other equipment for a client, the contract and terms and conditions for use of that equipment is between the client and the supplier of the goods.

 

  1. KIMBERLEY TAGALONGS highly recommends that you have comprehensive vehicle insurance as well as premium roadside assistance insurance, i.e. RACQ/RACV/NRMA.

 

  1. Hire vehicles and/or equipment must be paid for prior to collection.

 

  1. To make a tour booking, you must provide KIMBERLEY TAGALONGS with written or emailed instructions along with a 30% nonrefundable deposit payable to KIMBERLEY TAGALONGS by bank transfer or credit card. A booking is accepted on the issue of written confirmation by KIMBERLEY TAGALONGS.

 

  1. On tours of seven days or more, deposit must be received by KIMBERLEY TAGALONGS a minimum of 45 days prior to departure.

 

  1. On tours of seven days or more, the final balance of the specified amount payable for the adventure is due 30 days prior to departure. If a booking is made within 30 days prior to departure, then payment in full must accompany the booking.

 

  1. In the case of any cancellation by KIMBERLEY TAGALONGS prior to trip commencement, KIMBERLEY TAGALONGS will offer a full refund of all monies paid, or try to include you on a subsequent adventure.

 

  1. Should it be necessary for you to cancel your tour, you must notify KIMBERLEY TAGALONGS immediately in writing. The notification will take effect the day it is received by KIMBERLEY TAGALONGS. Monies will be refunded less incurred administration costs as set out in the schedule below. Number of days before departure
  • More than 60 days: Loss of deposit
  • 59-41 days 40% of package price
  • 40 - 31 days 60% of package price
  • 30 days or less No refund

    1. At KIMBERLEY TAGALONGS’s discretion, if your place can be filled by another full-paying client prior to the trip departure date, KIMBERLEY TAGALONGS will refund your money in full, minus the deposit and incurred administration costs. We recommend you take out travel insurance to cover this possibility.

     

    1. The non-issuance of an invoice or the non-payment and/or non-receipt of an invoice will not exempt participants from the cancellation penalties contained herein.

     

    1. Neither KIMBERLEY TAGALONGS, its tour leaders, trainers or other persons or organisations associated with the tours accept any liability for any damage to any persons or property resulting from the subsequent action of participants.

     

    1. These terms and conditions are incapable of alteration or waiver by a servant, agent or representative of KIMBERLEY TAGALONGS or by any other supplier.

     

    1. Notwithstanding anything contained in this Agreement to the contrary, KIMBERLEY TAGALONGS shall not be liable for any loss, injury, delay, damage or other casualty suffered or incurred by you due to storms, fires, earthquakes, explosions, embargoes, Government directives, or any other law or regulation, litigation or labour dispute, act of God, war, terrorism, or any other cause which is beyond our reasonable control.

     

    1. This Agreement is and shall be governed by and construed in accordance with the law of the State of Queensland.

     

    1. Any legal conflict which may arise under this Agreement shall be resolved in the legal jurisdiction of Queensland.

     

    1. You give permission for Kimberley Tagalongs and any associated entities to use any photographs or video that may be taken of participants for any reasonable use including in its advertising or on its website.