INTERPRETATION AND APPLICATION OF TERMS
1. These terms apply to and govern all transactions between you (“Participant/you/your”) and AR & RM Derry trading as Xpedition Tagalong Safaris ABN 89 507 373 419 (“Provider/we/our/us”) and supersede any prior understanding, arrangement, representation, or agreements between the parties in relation to the services provided by the Provider.
2. These terms are governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that State.
3. Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.
4. “Participant” includes all individuals, including minors, named on the Xpedition Tagalong Safaris Registration Form.
5. For the purposes of these terms, where minors are participants, you warrant and agree that you have authority to enter into these terms on their behalf.
6. Obligations under these terms affecting more than one party bind them jointly and each of them severally.
7. By booking a safari, you agree to be bound by these terms and acknowledge that we may amend these terms and conditions from time to time.
COLLECTION AND USE OF PERSONAL INFORMATION
8. When placing a booking, you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with the applicable law.
9. We may otherwise collect personal information about you in order to provide our services. This may include disclosing your information to third parties that help us deliver our services, such as other providers we work with throughout our safaris and our business partners.
10. We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
a. how we store and use, and how you may access and correct your personal information;
b. how you can lodge a complaint regarding the handling of your personal information; and
c. how we will handle any complaint.
11. If you would like any further information about our privacy policies and practices, please contact us.
12. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information.
BOOKINGS AND CANCELLATION
13. Bookings for a safari will not be effective until confirmed by us.
14. You hereby acknowledge and agree that you are aware of the booking and cancellation fees as set out in the online registration form for each safari.
15. We make every effort to operate all safaris as advertised however you acknowledge that:
a. We reserve the right to amend, vary, re-route, or cancel when road conditions, climate, or other circumstances deem it to be necessary; and
b. We do not guarantee exact arrival and departure times.
16. If a booking is cancelled by us:
a. no cancellation fee will be payable;
b. you may reschedule or receive a full refund of any funds paid;
c. we are not liable to you for any loss incurred by you as a result of our cancellation of a safari.
MEDICAL MATTERS
17. You acknowledge and agree that we are not liable for any illness or injury howsoever suffered during the safari.
18. You warrant that you do not have any pre-existing medical condition or disability (including those disclosed on the Registration Form) which will impact on or prevent you from participating in or completing the safari. It is your responsibility to ensure that you are medically capable of completing the safari.
19. Safaris are carried out in areas with limited medical services. You hereby authorise us to take such action as is necessary (but without any obligation on Xpedition Tagalong Safaris to do so) for the provision of medical services at your cost, including but not limited to, the arrangement of any medical evacuation service by air/road, the attendance of any doctor, nurse, paramedic or ambulance officer and any necessary hospital service. You must pay the costs on time to the provider of the services or reimburse Xpedition Tagalong Safaris within 7 (seven) days of demand.
20. You will not be entitled to any refund for any part of the safari, once the safari has commenced, that you miss due to illness or injury or due to other circumstances outside of our control.
21. You acknowledge that we recommend to all participants to take out travel insurance to cover you for any unforeseen circumstances including any medical treatment you may require.
VEHICLE MATTERS
22. You acknowledge and agree that, should your vehicle break down, we will use reasonable endeavours to assist with the recovery of the vehicle however under no circumstances are we obliged to do anything that would jeopardise the safety of any person or pose risk to property of Xpedition Tagalong Safaris.
23. We are not liable for the cost of any vehicle repairs, towing expenses or any other third party costs that may be incurred by you in order to continue the safari.
24. You are responsible for the maintenance of your vehicle during the safari including but not limited to regularly checking batteries, water and oil levels, tyre pressures and air filters;
25. All vehicles participating in the safari must have current registration applicable to your vehicle and State.
26. You acknowledge and agree that it is your responsibility to arrive at the start of the safari with a full tank of fuel and empty grey/black water tanks.
27. Participants must refuel at the fuel stops identified on the itinerary provided to ensure all participants are able to travel as a group safely together.
LIABILITY
28. You release Xpedition Tagalong Safaris from all claims and liabilities arising out of or relating to your participation in the safari including (but not limited to) actions (or inactions) of Xpedition Tagalong Safaris undertaken pursuant to these terms, and including those caused or contributed to by third parties, including suppliers to Xpedition Tagalong Safaris and other participants on the safari. For the purposes of this clause “Claims” means any allegation, cause of action, claim, demand, proceeding, litigation, investigation, judgement, loss, cost or expense of whatever nature and whether present or future, fixed or unascertained, actual or contingent and whether arising at law or in equity, under statute or otherwise.29. The parties consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions (Queensland) Act 2001) and without limiting the generality of the foregoing, Xpedition Tagalong Safaris consents to the Participant providing its signature as to acceptance of this Agreement via the Participant ticking the acceptance box on the Tagalong Safaris of Australia Booking Form.
30. You cannot claim compensation or seek damages if Xpedition Tagalong Safaris exercises any of the rights conferred on it by this Agreement, unless this Agreement expressly provides otherwise.
COVID-19
31. You acknowledge and agree that you will contact us prior to coming on safari if any of the following apply in the 7 (seven) days prior to safari:
a. You or a participant that is included in your booking has been in contact with anyone with COVID-19;
b. You are suffering from any symptoms.
EVENTS BEYOND CONTROL
32. Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of the agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by pandemics, fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or other authorities.
33. The Supplier shall not be liable to the Customer for damages as a result of delays caused by events beyond the control of the Supplier, including but not limited to, inclement weather or illness of guides.
PROMOTION
34. The Customer acknowledges and consents to the Supplier taking digital film or video/still photographs during the safaris and to use those images for promotional purposes including but not limited to displaying those images on the Supplier’s website or social media.
GENERAL
35. You acknowledge and agree that:
a. Participation in any safari organised by us is voluntary
b. You must comply with our directions and advice while undertaking the safari and for matters related to the safari.
c. For us to waive a right under these terms, the waiver must be in writing.
36. If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.