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Terms and Conditions

OZ BUGGY TOURS PTY LTD

ACCEPTANCE

These Terms and Conditions ( Terms ) constitute a contract between Oz Buggy Tours Pty Ltd ABN 44 641 613 998, its successors and assignees (referred to as “ we ”, “ us ” or “ our ”) and you, the person, organisation or entity that purchases Services from us (referred to as “ you ” or “ your ”), and collectively the “ parties ”. These Terms apply to all sales made by us to you.
A reference to “ Services ” means the requested off road 4 x 4 vehicle tours and related services as described on our website: www.Ozbuggy.tours ( Website ) which we will provide to you pursuant to these Terms. A reference to “ Tour ” means the tour booked by you which forms part of the Services.
You are deemed to have agreed to these Terms by:

making a booking with us or our preferred third party booking providers;
confirming by email that you accept the Terms;
instructing us to proceed with provision of the Services; or
paying any Deposit required, or making part or full payment for the Services, set out in our tax invoice to you ( Invoice ).

If we accept your booking, the parties will have created a binding contract and we will supply the Services to you, and the you will pay the Fee to us as specified in the Invoice we provide.
You agree that these Terms form the agreement pursuant to which we will supply the Services to you. We urge you to review these Terms carefully, make copies of these Terms available to all persons you book on our Tours (bringing to their attention to the terms relating to behaviour and conduct) and contact us on the details set out below if you have any questions.

SERVICES

We agree to perform the Services with due care and skill.
We reserve the right to refuse any request that we deem (in our absolute discretion) inappropriate, unreasonable or unlawful.
We may provide the Services to you using our own employees, personnel, contractors and/or third party providers, in our absolute discretion.
Products and/or services rendered by third parties who are not our employees or contractors ( Third Parties ), including but not limited to catering do not form part of the Services rendered by us and as such we cannot offer any warrantee or accept any liability in respect of such products or services.

BOOKINGS

The fees and costs for our Services are provided through our booking system.
We will not commence performing the Services until the fees quoted to you for the Services ( Fees ) have been paid in full.
Unless otherwise agreed in writing with us, a non-refundable deposit ( Deposit ) equating to 50% of the total Fees is required to be paid to secure all bookings for the Services, upon confirmation of a tour date.
The balance of any Fees is due to be paid no later than 7 days prior to the Tour commencement date.
Corporate Bookings are to be paid no later than 21 days prior to the Tour commencement date.
All Fees are quoted and invoiced in Australian dollars (AUD) and include Australian Goods and Services Tax (GST).
Direct bank deposits and credit cards are the only payment methods acceptable. No cheques will be accepted. A merchant facility surcharge will apply to all credit and debit card transactions. We reserve the right to request and sight the credit card used for any online booking. Failure to produce a credit card on the day of your tour may result in cancellation of your booking.
Tour bookings for groups must be confirmed within 7 days prior to Tour date.
Tour bookings for individuals must be confirmed 24 hours prior to Tour commencement.
No guarantee is provided that friends or family will be able to ride on a vehicle together. We will use our best efforts to accommodate any reasonable booking requests however, reserve the right to decline any such requests where they are likely to increase costs to us or, in our opinion, compromise the safety and/or quality of the Services.
A limit of two drivers is permitted on each tour and a maximum of 6 passengers is permitted on each vehicle.
Drivers must be of minimum driving age. A driver’s License or Learner Permit must be presented upon Tour Commencement.
Children younger than 16 years of age must be accompanied by an adult or legal guardian.
Children younger than 6 years of age will not be permitted on the Tour. We reserve the right to decline any individual from participating in the Tour, for safety reasons.

CANCELLATIONS & VARIATIONS

All cancellations are required to be made by written notice to our nominated email address being: bookings@ozbuggy.tours . Cancellations may also be contacted by telephone on 1300 692844.
For cancellations:

If we are advised of cancellation more than 14 days prior to the Tour departure date, a full refund of the Fees will be available;
If we are advised of cancellation less than 7 days prior to the Tour departure date, 50% of the Fees are forfeited to us and no refund will be available;
You must provide us with at least 21 days notice of cancellation of Corporate Bookings or 50% of the Fees will be forfeited to us;
Where no cancellation is advised at all and you fail to present for the Tour, 100% of the Fees and Deposit are forfeited to us and no refund will be available;
Validly cancelled tours will be rescheduled on a date that is mutually agreed upon; and
At our discretion, we retain the right to refund fees for illness or genuine reasons for cancellation.

For rescheduled tours:

Rescheduled tours will not be undertaken during peak season.
Rescheduled tours due to cancellation must be undertaken within six (6) months of the original booking date.
Deposits for rescheduled tours will be forfeited after six (6) months from the original booking date.

For reduction or increase in attendees:

We must be advised in writing at least 14 days prior to the Tour commencement. Whilst every effort will be made to accommodate such requests, we cannot guarantee availability for numbers in excess of those in the original booking.
If less than 14 days notice is provided regarding a reduction or increase in number of attendees, Fees will not be varied as a result of reduced numbers of Tour attendees and you hereby acknowledge that no refund will be due in respect of the same.

Tour variations and cancellations may occur for a variety of reasons beyond our control including illness of our personnel, vehicle breakdowns, inclement weather, impromptu changes by (and closures of) Tour destinations, road closures or traffic disruptions etcetera. If any of these circumstances should arise, we may be required to revise the Tour itinerary but in doing so will take all reasonable steps to minimise impact to you and your Tour attendees.
If a Tour has commenced and is then required to be cancelled or postponed due to any of the factors set out in clause 4.5, the rescheduled tour will include only the unfinished tour portion of your booking. Unused portions of Tours must be rescheduled and undertaken within six (6) months.
In circumstances where we are required to cancel your booking prior to commencement, we will refund 100% of the Fees or provide you with a replacement Tour voucher valid for 6 months.
We reserves the right to:

alter any part of the itinerary without notice; and
use alternate vehicles and personnel where required

You hereby acknowledge that tour destinations are often located in fire prone areas and therefore subject to directions from local CFA and municipal authorities in respect of the same. In circumstances of extreme heat or fire danger some tour trails may, in the interests of patron safety and comfort, choose to temporarily close their trails to all visitors. Such decisions are usually advised a day prior to a Tour, however, given changing conditions such closures may occur at short notice. In circumstances where a Tour trail is closed due to extreme heat or fire danger, we reserves the right (in our absolute discretion) to:

alter the Tour itinerary;
omit a trail or Tour destination; or
substitute a trail or Tour destination,

and any consequent alteration to the Fees (if any) will be entirely at our discretion.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value
you are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

CATERING

If your Tour has commenced and due to inclement weather or unforeseen circumstances your Tour is cancelled or rescheduled, however catering preparation has commenced, catering charges will not be refunded. If no catering preparation has commenced before cancellation or rescheduling, you will not be charged catering fees. Catering will be included in your rescheduled tour.
Third Party Caterers may offer menu items tailored to the needs of allergy sufferers, vegetarians or those on restricted diets. We encourage you to advise of any dietary requirements of Tour attendees at the time of making your booking so that we can advise Caterers. Please note however that we cannot guarantee accommodation to individual dietary requirements and accepts no responsibility for a failure to suitably accommodate such requirements. You agree we will not be held liable for any illness, or loss occasioned by Third Party Caterers.

TOUR PARTICIPANT BEHAVIOUR & CONDUCT

You must arrive 30 minutes prior to your Tour start time. Late arrivals will result in shortened Tours and no refunds will be offered to late arrivals.
All Tour attendees must wear fully enclosed shoes acceptable for driving and travelling in an open vehicle.
We recommend all Tour attendees bring a jacket, sunscreen, hat and water.
Tour guides will provide a driver verbal competency course prior to Tour commencement. We maintain a zero tolerance policy for intoxication, anti-social, unsafe and/or disorderly behaviour. You and your attendees will be expected to comply and abide by relevant verbal instructions given to you by Tour Guides during the full safety induction. You hereby acknowledge and we reserve the right to exclude any person from the Tour who we reasonably believe is intoxicated, disorderly or is incapable of driving safely. No refunds or waiver of fees will be given in these circumstances and we accept no liability under such circumstances.
Drinking of alcohol is not permitted on our Tour vehicles. Doing so does not comply with local laws or conditions imposed by our insurers and is strictly prohibited.
No refunds will be given to you in the event the Tour is terminated or suspended in circumstances where you or one of your attendees is in breach of clause 6.5 and you hereby indemnify us in respect of all costs and liability we incur if we are required to suspend or terminate a Tour as a result of irresponsible consumption of alcohol, intoxication of attendees, anti-social, unsafe and/or disorderly behaviour.
Legislation requires that seat belts be worn at all times and you hereby agree that you will ensure that all attending passengers abide by any reasonable direction of Tour Guides or our personnel in relation to the wearing of seat belts or passenger safety generally.
Per clause 3.12, you and all of your attendees must carry suitable identification in order to establish proof of age. No persons under 16 years of age will be permitted to drive. We accept no responsibility for exclusion from venues for a failure to produce approved proof of age documentation.
Smoking inside our vehicles or third party venues we visit is strictly prohibited and contrary to law.
You are wholly responsible for and indemnify us in respect of any damage sustained to our vehicles as a result of actions or omissions by you or one of your attending passengers. Any damage sustained to our vehicles by your attendees must be paid for in full by you.
We requests that all Tour attendees remain respectful and considerate of subsequent tour groups and maintain our vehicles in a clean and tidy state. We may impose a vehicle cleaning fee in circumstances where you or one of your attending passengers is responsible for incidents necessitating vehicle cleaning.

INSURANCE

We recommend that you and your Tour attendees procure adequate travel insurance that covers cancellation, injury, illness, delays, loss and property damage and allows participation in activities such as the Tour.
International Tour participants must hold adequate medical, travel and cancellation of travel insurance.

TOUR DEPARTURES

We will advise you of the Tour location at the time of your booking.
No refund will be available to you for attendees who are not at the Tour location at the scheduled departure time.
In circumstances where our vehicles are delayed in arriving at a Tour location, we will endeavour to advise any affected passengers where reasonably possible, however, we will not accept any liability or responsibility for loss incurred for proposed attendees who fail to await pick up in circumstances of delay.

MEDICAL CONDITIONS & PERSONAL BELONGINGS

You agree to inform us of any special physical requirements or disabilities before a Tour booking is made. We reserve the right to refuse participation in any Tour by any persons with special or medical needs for which we determine that we are not trained and/or adequately insured. For the avoidance of doubt, this includes heart, pregnancy, mental health or physical conditions that may endanger yourself, our personnel or other Tour attendees.
You agree that you will inform us of any reasonable medical requirements that can be met by someone without medical training that you or Tour attendees may require whilst on the Tour (such as use of an EpiPen or an asthma inhaler) and inform us of where these items will be stored whilst on the Tour and how to use them if required.
Notwithstanding clause 9.2 above, you nonetheless acknowledge that our personnel are not medical professionals (or may not be with your group at all times) and agree to release and indemnify us from all liability associated with offering reasonable assistance.
Attendee safety is of paramount concern to us and so we will seek professional medical assistance if there are any doubts about the medical safety or fitness of an attendee to continue on the Tour. You hereby agree for us to do so whether you or the individual concerned provides consent at the time or not.
Our personnel will seek professional medical assistance (for example: ambulance, paramedics or doctors) if they are requested to do so or they reasonably believe that you may require such assistance. By booking with us you agree to assume the costs associated with any such medical assistance requested and procured on your behalf by our drivers, personnel, other passengers or by staff at a Tour destination.
It is your responsibility to take care of your personal belongings at all times whilst on a Tour. We cannot be held responsible or liable for any personal belongings that are damaged during the Tour, left unattended on our vehicles or lost or damaged at Tour destinations. Where possible we will take reasonable steps to return any lost property which is recovered from our vehicles provided that you pay in advance the cost of any associated postage or freight.

RELEASE

Our personnel may take photos or videos of you in the course of the Tour for the purposes of marketing its Services. We may also record your written feedback about our tours.
If you do not consent to photos and video being taken of you and your attendees by us for marketing purposes, please advise us in writing at the time of making your booking. Unless you advise us otherwise in writing, you grant us permission to photograph and video you and your group attendees and for us to use the resulting photographs and videos for marketing purposes. You also grant us permission to use your written feedback for marketing purposes, such as in testimonials displayed on our Website.

LIABILITY & INDEMNITY

We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any consequential loss or any other remote abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties, in relation to Tour and/or providing the Services. This includes, but is not limited to:

any claims or liability which may arise as a result of property damage caused by you or a Tour attendee;
any claims or liability which may arise as a result of a breach by you or a Tour attendee of clause 6 (tour conduct and behaviour);
any claims or liability which may arise as a result of the you providing incorrect information or instructions; and
any claims or liability for infringement of any third-party intellectual property rights.

You agree that, the maximum liability of us to you arising out of or in connection with the Services is, to the extent permitted by law, limited in the aggregate to the amount of the Fee payable for the Services. In the event of a breach by us causing loss, our liability to you for such breach shall be limited to the cost of us supplying the Services again.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions, costs and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

any information you supply that is not accurate, up to date or complete or is misleading in any way;
any breach by you of these Terms;
any breach of these Terms by any attendees, passengers and/or guests booked by you;
any unauthorised use of our branding or intellectual property
any property damage during the Tour arising from of an act or omission by you and/or guests booked by you; and
any misuse of the Services, from or by you, your attendees, guests, employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to conduct of an attendee on the Tour.

VOUCHERS

Gift certificate are valid for 12 months from the date of issue and are not redeemable after the expiration date. Whilst we will make all reasonable endeavours to accommodate gift certificate bookings, gift certificate redemptions will at all times be subject to tour availability and will not take precedence over existing bookings. Gift certificate bookings must be made at least one week prior to the preferred tour date. No refunds will be if a gift certificate is not actioned.
Discount vouchers must be presented upon booking payment. Only one discount voucher is permitted per Tour booking. Discount Vouchers cannot be used with any other offer.
Complimentary Vouchers will be redeemed at the time of Booking. Complimentary Vouchers cannot be upgraded or redeemed for cash.

MISCELLANEOUS

You acknowledge that our tours are specifically designed for persons over the age of 16 years and that our vehicles are not equipped with appropriate child seats, restraints or other safety features required for minors. Upon prior request (and subject to the discretion of us) minors may be allowed to join a tour provided that:

the minor is accompanied by a parent or legal guardian; and
that parent or legal guardian accepts full responsibility for the safety and behaviour of that minor.

These terms and conditions are to be read in conjunction with any registration forms we request you complete before Tour commencement.
We may change these Terms at any time provided we have given to the Client at least 14 days prior written notice in writing of the proposed change. In circumstances where you object to the proposed change, these Terms without the proposed change will continue to apply.
Unless otherwise agreed in writing between the parties, these Terms will continue to apply to all future services and Tours provided to you by us including unless varied or substituted in writing by a new agreement.
A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of terms continue in force. The failure by us to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.

NOTICES

If you have any questions or concerns about anything contained in these Terms or your booking generally, please contact us:

Email: qld@1800buggies.com.au

Phone: 1300 692 844

GOVERNING LAW

These terms and conditions are governed by laws of Victoria, in Australia.

ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties. With the exclusion of any waivers or release documents required to be signed by participants prior to a Tour, any other external documents, emails, conversations or previous representations that are not set out in these Terms are expressly excluded and outside the scope of what is to be delivered by us.