Terms & Conditions of your tour with Noice Tours
Please take the time to read and understand these Terms & Conditions prior to booking a tour with Noice Tours (We or Us).
1. Your acceptance of these terms and conditions
If you book a tour with Us you are deemed to:
(a) have read, understood and agreed to these Terms & Conditions; and
(b) understand that these Terms & Conditions are contractual in nature, have legal effect and are not merely a warning or provided for information.
Dates, itineraries and prices are valid from 1st April 2017 until 31st March 2018. All prices are in Australian Dollars and include GST. All prices and conditions are subject to change without notice. Beyond 31 March 2018 dates, itineraries and prices are indicative only.
3. General information for tour passengers
3.1 On all of the tours we offer, we ask that you participate and assist in the preparation of meals, washing up, gathering fire wood and loading/unloading of the vehicle. We rely on the goodwill and co-operation of all passengers to make each tour a success.
3.2 For the best information about the different tours or itineraries available, please send us a message by using the contact form on the website.
3.3 We reserve the right to amend itineraries, change carriers and apply surcharges without notice.
3.4 Cancellation fees are charged as follows: 100% if you cancel within 24 hours from the departure time, 50% if you cancel between 24 – 48 hours from the departure time and 25% if you cancel at any other time.
3.5 There will be no refunds in case of mechanical breakdown or weather conditions and we cannot guarantee pick up and drop off times.
3.6 All passengers participating on our tours do so at their own risk.
3.7 We accept no responsibility or liability for:
(a) any injury, illness or other such accident you may sustain while on tour; or
(b) any personal possessions that you may lose/leave behind/are stolen whilst on tour.
4.1 Your safety is our number one priority and all of our guides are trained to ensure passenger safety at all times.
4.2 Passengers must:
(a) bring on the tour:
(i) a vessel (or vessels) capable of holding not less than 3 litres of drinking water;
(ii) sunscreen and a hat; and
(iii) suitable “hiking” shoes; and
(b) follow all safety directions and any other reasonable directions given by our tour guides.
4.3 Australia has many dangerous creatures, extreme weather conditions and often varying terrain. Camping, hiking and passing time outside may increase your personal risk of exposure to these dangers.
4.4 You must not participate in the tour unless:
(a) you agree to take the most sensible approach to risk management whilst on tour;
(b) you are in good health and have no medical condition that will impact on your ability to participate in the tour; and
(c) you are responsible and able to take care for your own safety and your own possessions whilst participating in the tour.
5. Acceptance of risk
5.1 The nature of the tour is adventurous and participation may be dangerous. While on tour you will be visiting places where the dangers and challenges will be greater than those present in daily lives. There is a higher degree of personal risk due to participation on the tour.
5.2 Some of the risks include:
(a) greater than usual physical exertion placing people at an increased risk of personal injury, trauma or death;
(b) dizziness and/or nausea caused by a fear of heights and/or dehydration;
(c) exposure to the natural elements which can be unpredictable and potentially harmful or fatal including (without limitation) falling from cliff faces, rock ledges or stairs, uneven terrain, slippery rocks and bush tracks, storm, wind, heat, cold, getting wet and flora and fauna including snakes, spiders and microorganisms; and
(d) that the tour is conducted at locations that are remote in time, distance and/or accessibility from any medical treatment facility; and
(e) other risks of or incidental to the tour or activities ancillary to the tour.
5.3 You agree that you have been advised of the risks associated with the tour and voluntarily chose to participate in the tour fully accepting that the materialisation of such risks may cause personal injury, death, property damage or economic loss.
6. Release and indemnity
6.1 You agree to unconditionally release discharge and agree not to sue each of Us, our officers, employees, agents and representatives (collectively and severally referred to as the “Indemnified”), in respect of any loss, liability, claim or cause of action that may arise as a result of, or in connection with, any act, omission, default, failure or error on the part of the Indemnified occurring wholly or partially during the course of the tour.
6.2 You agree to indemnify and keep indemnified the Indemnified from any loss, liability, claim or cause of action that may be brought against the Indemnified as a result of or in connection with any act, omission, default, failure, or error on the part of the Indemnified occurring wholly or partially during the course of the tour.
6.3 In the event of your death caused wholly or partially as a result of or in connection with any act, omission, default, failure, or error on the part of the Indemnified occurring wholly or partially during the course of the tour, you agree that your estate and your personal representatives, executors or administrators indemnify and will keep indemnified the Indemnified from any loss, liability, claim or cause of action that may be brought against the Indemnified by your personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of your death or otherwise.
6.4 Clauses 6.1, 6.2 and 6.3 of these Terms & Conditions are limited to liability for your death or your personal injury.
6.5 To the fullest extent permitted by law any claim by you against the Indemnified 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.
7. Complaints and Praise
Please inform your tour guide if you have a complaint about your tour so that they have the opportunity to rectify the matter whilst on tour. If the matter is not resolved, please contact Us as soon as practicable in writing after your tour. Similarly, please inform your tour guide if you are happy with what they are doing and make sure you contact Us after the tour to let Us know. Email Us on email@example.com with your feedback.
8. Photos and marketing
You consent to Us using images of you taken during the tour for advertising and other promotional purposes in any medium as we require. You agree that the use of these images is without recourse to you and without compensation to you.
9. Authority on Tour
9.1 Each of our tours is run by a tour guide who will be in charge of making decisions relating to the safety and well-being of the group. All guides have a sound knowledge of the local area focusing on its history, Aboriginal culture, geology and the natural environment.
9.2 Passengers must abide by the tour guides instructions and directions at all times, in particular with regard to actions and behaviour in National Park areas, Aboriginal communities, areas with elevated hazards or risks and emergency situations. Non-compliance with any directions from the tour guide or other authority may result in the passengers being refused onward travel with no right to refund.
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 tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. We will comply with any directives given by relevant authorities and as a result, itineraries may change.
11. Travel Insurance
We strongly recommend that you obtain travel insurance before going on our tour. Your travel insurance should include (without limitation) cover against personal accident, death, medical expenses and emergency repatriation. We also strongly recommend your insurance covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You should speak to your travel agent to determine an appropriate level of cover.
Your privacy is important to us. Any personal information we collect about you may be used for any purpose associated with the operation of your tour and to send you marketing material in relation to special offers or events. We may disclose your information to our agents, suppliers or service providers to enable Us to operate your tour. We will not sell, trade or otherwise transfer information you have supplied to us. We implement a variety of security measures to maintain the safety of your personal information.
13.1 The laws of Victoria, Australia govern these terms and conditions. Any disputes in connection with a tour or these Terms & Conditions must be initiated in the courts of Victoria, Australia.
13.2 If a clause or a part of a clause of these Terms and Condition can be read in a way that makes them illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable or valid, then they must be read in the latter way.
13.3 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part of a clause is to be treated as removed from these Terms and Condition, but the rest of these Terms & Conditions are not affected.
14. Updating these terms and conditions
We reserve the right to update and/or alter these Terms & Conditions. It is the agent and passengers responsibility to be familiar with the most up to date Terms & Conditions, which are available on our website.