Terms & Conditions

1)By booking a tour with Aussie 4WD Tag Along Tours have agreed to be bound by the terms and conditions set out in this document:

i) these Booking Conditions; and 

ii) Essential Trip Information that applies to your trip. 

iii) Any additional information given by Aussie 4WD Tag Along Tours in relation to the Tour.

(which constitutes the entire agreement between you and us).


2)Your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.


3)When booking a Tour the driver/s must ensure they possess a valid drivers licence permitting to drive in Australia. International Licences must be translated into English and kept in your possession at all times during the Tour. This is your responsibility.


DEPOSIT AND FINAL PAYMENTS


4)A deposit of 20% is required when making your booking or as agreed in writing.


5)Full payment must be paid at 90 days prior to departure date.


CANCELLATIONS BY YOU


6)The following cancellation fees apply when you cancel the booking:

i) If you cancel more than 90 days before the Tour Start Date, your deposit is forfeited. If we can fill your position in the Tour, we may be able to reimburse your deposit after the Tour is completed

This action is at our discretion. 

ii) If you cancel between 90-60 days before the Tour Start Date, 50% of the Tour cost will be forfeited. If we can fill your position in the Tour, we may be able to reimburse your deposit after the Tour is completed. This action is at our discretion.

iii) Cancellations less than 60 days before the Tour Start Date, will forfeit their tour cost. 

iv) There is also an option to rebook your tour to be booked & used within the next 12 months. This offer is to use the amount of reimbursement due as deposit and we will give a 10% discount on the booking. 


7)This offer is a once only option and cannot be used more than once.


CANCELLATIONS BY US


8)Aussie 4WD Tag Along Tours reserves the right, at our discretion, to offer a rebooking/transfer option to a later tour date if a minimum number of people is not met. This will be done with a minimum 90 days notice. An option for full refund will also be available should this occur.


9)Aussie 4WD Tag Along Tours reserves the right to change or alter any part of; itinerary, catering, or cancellation of the whole tour pending minimum numbers. 


10)This maybe due to any of the following: Weather, road conditions, breakdowns, mechanical conditions, or any other unforeseen circumstances prevailing at the time of and during the trip. All efforts will be made to avoid any of these situations.


11)We cannot guarantee arrival or departure times on each day or at the beginning or end of tour.


12)Maximum vehicle numbers apply for each tour.


BREAKDOWNS


13)In the event of a tourer’s vehicle breakdown, the Group Leader may assist the tourer (with consent) to assess and attempt to repair the vehicle where possible in order to continue with the tour group to the next garage for professional checks. 


14)If the vehicle is unable to be repaired to a drivable condition within a reasonable time but is safe to tow from a remote location, the Group Leader may assist or make arrangements for towing to the closest safe area or garage. 


15)These actions may delay the group as a whole and alter the itinerary slightly, but will not leave anyone stranded.          .


16)The Group Leader acting to assist with repairs and towing will not be liable for any damage in the performance of his assistance of repairs or towing as the tourer is giving consent with full knowledge of the remoteness of the situation and Samaritan assistance being provided.


COVID / ILL HEALTH


17)As COVID is no longer under an State Government Health Dept Pandemic Directives and is a recognised an foreseeable disease in the community. There is no special circumstance allowable if cancellation required due to COVID. Suggest Travel Insurance for this and any other health issue protection plan. 


UNUSED TOUR SECTIONS


18)For any reason if Tag Along/Ride Along customers join after the tour begins, or leave before the end of tour, no refunds will be given to any tour fees paid. The Tour cost is quoted as is and will not be altered to a prorata basis if changes occur. Costs associated with joining late/ leaving early is the responsibility of the customer. This is for any reason including ill health or breakdowns. These circumstances may be covered under travel insurance.


YOUR DETAILS


19)For us to confirm your travel arrangements, you must provide all requested details with the balance of the trip price. Necessary details may vary by trip; they include but are not limited to full name as per drivers’ licence, date of birth, nationality, and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. These details will be captured on Personal Details Form issued to you.


BELONGINGS


20)Aussie 4WD Tag Along Tours are not responsible or liable for loss, damage or theft of luggage or personal belongings whatsoever, or for personal injury, sickness, or medical costs. We are not responsible for vehicle safety, accidents or assisted maintenance or repairs on vehicles carried out by us to assist you.


INCLUSIONS


21)The price of your Tag Along Tour includes:-


22)Complimentary Transfer to/from Airport within Cairns City area.


23)Own Vehicle tour:

• Ferry fee’s, camping fee’s, National Park fee’s, 

• Selected Meals as per Itinerary, 

• Activities on Tour included on Itinerary, 

• Lead vehicle has Warm shower.


24)Complete Package Tour including Vehicle and Camping Hire:

• 4WD Vehicle Hire

• Complete Camping Equipment Package 

• Ferry fee’s, camping fee’s, National Park fee’s, 

• Selected Meals as per Itinerary, 

• Activities on Tour included on Itinerary,

• Lead vehicle has Warm shower.


25)The price of your Ride Along Tour includes:

• Ferry fee’s, camp fee’s, national park fee’s, 

• Selected Meals as per Itinerary, 

• Camping equipment, 

• Activities on Tour included on Itinerary, 

• Warm Shower on Lead Vehicle.


EXCLUSIONS


26)The price of your Tag Along /Ride Along Tour does not include:

• Fuel, 

• Camping Equipment, Cooking Equipment, (except when hired)

• Optional Tours, 

• Repairs

• Breakdowns, Snacks or Drinks, 

• Personal or Travel insurances & Medications.


AGE AND HEALTH REQUIREMENTS


27)Minimum Age:

• All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.


28)Maximum Age:

• For the Complete Package there is maximum age of 75yrs for vehicle hire. 

• For our Tag Along Tours, we have no upper age limit set though we remind you that our trips can be physically demanding, due to daily travel and we do some hikes during the tour which require basic level of fitness. Hikes are not usually demanding but it is a warmer climate than most are accustomed to and can be more exhausting than anticipated. Passengers must ensure that they are suitably fit to allow full participation to enjoy all we have to offer you. Also ensure hydration can be maintained. For example: The walk to Pijinka(The Tip) is a long and uneven rocky ground walk over a hill and can take between 1-2hr. There is another side walk which is only at lower tide but still not straight forward.


29)We have first aid training only. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination. 


SAFETY


30)We carry a Remote High Risk First Aid Kit with us in the Lead Vehicle.


31)An AED Defibrillator is on board due remote travel.


32)HF Radio in Lead Vehicle with ability to contact the RFDS and other emergency services. At beginning of Tour up to 2 persons will be nominated and trained on use in an emergency.


33)Staff have been trained on use of all equipment and have current First Aid Certificates. Any Tourers with Skills or Qualifications can make it known if they wish on their Personal Details Form.


34)Any usage of any stock from the First Aid Kit and EAD usage will be replenished after the tour and charged to the Tourer at replacement cost.


INSURANCE


35)Travel insurance is encouraged for all our travellers and should be taken out at the time of booking.


36)Vehicle insurance is the Tourers responsibility. Aussie 4WD Tag Along Tours only takes responsibility for insuring it’s own equipment.


37)Aussie 4WD Tag Along Tours carries Public Liability Insurance.


CHANGE OF ITINERARY


38)You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. 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 may be subject to alteration without prior notice due to local circumstances or events.


39)While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our emails before departure for the most recent updates to your itinerary.


40)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 on the changed portion of the trip only or accepting an alternative trip offered.


41)After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. 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 itineraries including but not limited to non-refundable flights.


BEHAVIOUR AND RESPECT FOR OTHERS


42)There must be a responsible and respectful standard of behaviour on Tour towards both others on Tour and the general public. 


43)Respect for other campers by speaking respectfully and allowing others to speak or express themselves without ridicule. 


44)Do not engage in conversation that may have potential to offend others. 


45)Respect all cultures, including the indigenous cultures of The Cape.


46)Respect the Land we travel through by “taking only pictures and leaving only footprints”. All waste is to be disposed of correctly.


47)Rules of the accommodation places on tour must be adhered to as these areas are not under our control.


48)Illicit drugs of any kind will not be tolerated on Tour.


49)Limited amounts of alcohol is allowed in many areas on The Cape, these Laws are to be adhered to.


50)Intoxication and unruly behaviour will not be tolerated at any time on the Tour.


51)Drink/Drug driving will not be tolerated on Tour. 


(1) Group Leader may request a random alcohol test prior to driving the morning after excessive alcohol intake may be suspected.

(2) Tourers can request an alcohol test before attempting to drive. (Suggest carrying own kits for this use)


52)Behaviour not meeting the standard expected by the Group Leader will be addressed immediately by verbal notification/warning and if behaviour warrants or repeated after warning, Group Leader has the Authority to end your Tour at that time. 


AUTHORITY ON TOUR


53)Our trips are run by a Group Leader. The decision of the Group Leader is final on all matters likely to affect the safety or wellbeing of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a Group Leader, or interfere with the well-being or mobility of the group, the Group Leader 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 of the state we are in and the Aboriginal Land we are visiting. Respect and obey their Rules and Laws as they in place to protect us, the people the wildlife and the Land.


ACCEPTANCE OF RISK


54)You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You acknowledge that you are choosing to travel into remote areas where there is often no mobile phone and internet reception. There is often many hours to medical help until we reach major communities. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks 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. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.


LIABILITY AND SERVICE GUARANTEE


Our services which include our tours (“Services”) may come with guarantees that cannot be excluded under Australian Consumer Law.


“Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).


To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal

injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Booking Conditions except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This clause does not limit or exclude your rights under the CCA.


(Limitation of Liability) Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.


(Indemnity) You indemnify us (and all of our officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:

a) your access or use of the Services, this includes your delegate’s access or use of the Services; and

b) any breach by you (or your delegate) of:

c) these Booking Conditions; or 

d) any additional terms applicable to providing the Services,

except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct.

(Vicarious liability) We shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by us nor for any intentional or negligent acts of our employees committed while off duty or outside the course and scope of their employment.


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, recommendations or advice given by your Group Leader or Aussie 4WD Tag Along Tours in arranging optional activities (including before or after a trip) 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.


COMPLAINTS AND CLAIMS


If an issue arises during the tour then please inform your Group Leader at the time so that they can attempt to rectify the matter immediately. If you believe that your complaint has not been resolved through these means, then any further complaint should be put in writing to us within 14 days of the end date of the tour through our webpage/email. Any other claims or complaints concerning the tour should be made in writing as soon as possible and within 14 days of the end date of the tour.


SEVERABILITY


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 then 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.


APPLICABLE LAW


The laws of Queensland, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Queensland, Australia.

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