TERMS AND CONDITIONS 2014-2015.
Please read and understand the conditions of booking set out below prior to booking a trip with Southern Cross 4wd Safaris. These Terms and Conditions form part of our offer for tours and apply to all tour types we run. Before booking please ensure you have reviewed the trip dates and understand the requirements both physically and surrounding your vehicle and equipment. These services are for a Guide assisted tour and you acknowledge all participation is Voluntary. If you have any concerns please contact us before booking a tour.
1. Our Contract
All bookings are made with Southern Cross 4wd Safaris (ABN 34 326 889 366). By booking a trip with us you are deemed to have read and agreed to these Terms & 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. All prices are in Australian Dollars $AUD.
Dates, Tour offers and prices are valid from 01 July 2015 until 30 June 2015. Beyond 30 June 2015 dates, tours and prices may be subjuct to change.
3. Deposit Requirements
You are required to pay the full price of the day tours per Vehicle/person at the time of booking. Bookings wil be confirmed via a return email confirming the trip details.
Tag-a-long Tours 2-5 day Trips
You are required to pay a deposit of $250 per vehicle for your booking to be confirmed. If your booking is made within 30 days of the departure date then the full amount is payable at the time of booking. Bookings wil be confirmed via a return email confirming the trip details.
Tag-a-long Tours Extended Trips
You are required to pay a deposit of $500 per vehicle for your booking to be confirmed. If your booking is made within 45 days of the departure date then the full amount is payable at the time of booking. Bookings wil be confirmed via a return email confirming the trip details.
Passenger Tours 2-5 day Trips
You are required to pay a deposit of $250 per person for your booking to be confirmed. If your booking is made within 30 days of the departure date then the full amount is payable at the time of booking. Bookings wil be confirmed via a return email confirming the trip details.
Passenger Tours Extended Trips
You are required to pay a deposit of $500 per person for your booking to be confirmed. If your booking is made within 45 days of the departure date then the full amount is payable at the time of booking. Bookings wil be confirmed via a return email confirming the trip details.
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 7 days of departure, the contract will exist when we accept your deposit. Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 30 or 45 days before the departure date dependent on the trip duration (as per clause 3). If this balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled.
5. Cancellation by the traveller
If you cancel some or all portions of 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:
Cancellation Fees for Day Tours
• 30+ days prior to departure; loss of deposit
• Up to 30days days prior to departure: 50% of total price
• Within 7 days of departure: 100% of total price
Cancellation Fees for 3-5 DayTours
• 30+ days prior to departure: loss of deposit
• 8-29 days prior to departure: 50% of total price or loss of deposit, whichever is greater
• Within 7 days of departure; 100% of total price
Cancellation Fees for Extended Tours
• 45+ days prior to departure: loss of deposit
• 30–45 days prior to departure: 50% of total price
• Within 29 days of departure: 100% of total price
If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. In certain cases, a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. Please ask for full details of cancellation charges at time of booking. You are strongly advised to take out Travell insurance at the time of booking. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services.
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 include full name of each person, dietary requirements (for passenger in the lead car), and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. You warrant that all information provided by you to Southern Cross 4wd Safaris is compete, true and accurate.
7. Cancellation by Southern Cross 4wd Safaris
We may cancel a trip at any time up to 30 days before departure, subject to clause 14. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, 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 alternatively receive a full 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.
8. Booking amendments
Amendment Fees Day Tours
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 15 days prior to the proposed departure date. A fee of AU$80 per person per change may apply. If you notify us less than 15 days prior to the proposed departure date the refund policy applicable to cancellations will apply.
Amendment Fees 3-5 DayTours
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 30 days prior to the proposed departure date. A fee of AU$100 per person per change may apply. If you notify us less than 30 days prior to the proposed departure date the refund policy applicable to cancellations will apply.
Amendment Fees Extended Tours
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 45 days prior to the proposed departure date. A fee of AU$150 per person per change may apply. If you notify us less than 45 days prior to the proposed departure date the refund policy applicable to cancellations will apply.
Other Change/Amendment Fees for all Tours
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 will incur an AU$100 administration fee per booking per change and will be at our sole discression. You are strongly advised to take out Travell 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/transfers for unused services.
9. Your Vehicle and equipment
The Tag-a-long tours require your to use your own vehicle and equipment. It is your responsibility to ensure and you warrant that:
All drivers of the vehicle hold a current unrestricted licence type for yor vehicle.
Your Vehicle has current registration and insuarnces.
Your vehicle is roadworthy to all registration requirements and will be held responsible for any infringements relating to your vehicle
You are responsible for your vehicle, the persons in that vehicle and that all operators of that vehicle obide by all current road rules and demonstrate a duty of care to all othe road users, members of the public and flora and forna.
You are responsible for maintaining your vehicle for the duration of the trip
You are responsible for the safe loading and cartage of goods by your vehicle ince the safe cartage of dangerous goods (Fuel, LPG gas bottles etc)
Tours are operated on tarmac, un-sealed roads, dirt track, rough conditions, sand, mud, creek crossings and the like and that all operators are confident in such conditions.
The below are not permitted on any tours:
Illegal drugs or substances
Pets (exc the specificly run Pet Tours)
11. Age, Health & Medical requirements
Southern Cross 4wd Safaris will provide a qualified first aider for all tours along with an appropriate first aid kit.
Minimum General policy: We have not set a minimum age as we encourage and support Family adventures. However some of our trips travel to remote and isolated areas and due care should be taken in your decission to include small children in these trips. All travellers under the age of 18 must be accompanied by an adult who is responsible for the child's day-to-day care. Should you wish to discuss suitability please contact us.
Maximum General policy: for the majority of our trips we have no upper age limit, though we remind you that some of our trips can be physically demanding from time to time. Some of the sights require walking over uneven ground, up & down hills and up to 1.5-2km.
We are able to provide details on health requirements in general; 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 your latest health requirements and recommendations for your destination. Any restrictions imposed by Medical Advice needs to be conveyed to us 7 days prior to departure. Where you do not do so and suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements.
Tours are carried out in remote and isolated areas with limited access to medical services. You hereby authorise Southern Cross 4wd Safaris to take such action as is necessary (but without obligating Southern Cross 4wd Safaries to do so) for the provision of medical services at your cost, including but not limited to, the arrangement of any medical evacuation service, the attendance of any medical peresonell or any necessary hospital service. You must pay the cost on time to the provider of such medical services or reimburse Southern Cross 4wd Safaris within 7 days of demand.
12. Trip Departures
Our trips are guaranteed to depart once they reached the minimum fully paid travellers.
Tours with minimum numbers; some of our tours require minimum numbers to guarantee their departure. Southern Cross 4wd Safaris reserves the right to cancel a tour or arrange an alternative tour date if trip minimum numbers are not met.
13. Travel insurance
Travel Insurance is compulsory for all Southern Cross 4wd Safais 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. You must provide proof of your Travel Insurance on the first day of your trip. However it is also recognised that in some countries (eg. Germany and Austria) local consumer laws do not permit the compulsory purchase of Travel Insurance. Clients from these exempt countries who choose to travel without holding an adequate and valid Travel Insurance policy will be asked to complete an Insurance Waiver form before commencement of their tour. Australians are not required to be covered for medical expenses on trips within Australia. However we strongly recommend that you have a domestic Travel Insurance policy which covers personal liability, cancellation, curtailment and loss of luggage and personal effects.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for last-minute changes. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries and amenities subject to alteration without prior notice due to local circumstances or events.
15. 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 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. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you.
Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary.
16. Authority on tour
Our group trips are run by a tour guide. The decision of the tour guide is final on all matters likely to affect the safety or wellbeing of any person participating in the trip. If you fail to comply with a decision made by a tour guide, or interfere with the wellbeing or mobility of the group, the tour guide 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, customs, foreign exchange and drug and alcohol regulations of all areas visited, and you also agree to travel in accordance with our responsible travel guidelines.
17. Acceptance of risk
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. It is also your own responsibility to acquaint yourself with all possible 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.
18. 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:
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
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
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): (i) the provision of a similar trip to an equivalent value; or (ii) 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.
19. 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 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.
20. Claims & complaints
If you have a complaint about your trip, please inform your tour guide 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.
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 than 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.
22. 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 licence to use such images for publicity and promotional purposes.
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. We will otherwise treat your details in confidence.
24. Updating of terms and conditions
The company reserves the right to update and/or alter these terms and conditions at anytime, and it is the clients responsibility to be familiar with them. The latest terms and conditions can always be found on the company website outherncross4wdsafaris.com and will supersede any previous versions.