Set out below are the terms and conditions under which Brady’s Wildlife Adventures offer Wildlife Tours. If accepted, these terms and conditions set out the terms of an agreement between you and Brady’s Wildlife Adventures (Terms and Conditions).
In these Terms and Conditions, unless the context suggests otherwise, the following terms have the following meanings:
Wildlife Tour means the individual tour with the specific inclusions and exclusions agreed with you in writing.
Tax Invoice means a Tax Invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms and Conditions means these terms and conditions.
we, our and Brady’s Wildlife Adventures means Brady’s Wildlife Adventures (ABN 38 340 941 135).
you means the person or people who wish to participate in a Wildlife Tour organised by Brady’s Wildlife.
In these Terms and Conditions, unless the context suggests otherwise:
(a) a reference to another instrument includes any variation or replacement of either of them;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) the word person includes a firm, a body corporate, an unincorporated association or an authority;
(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;
(f) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and
(g) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
2.1. Where your Wildlife Tour involves international travel, you must ensure that you have a valid passport with sufficient validity from the date of return to enable your entry in the destination country. you must also hold any entry visas or permits required to allow you to travel to and from Australia and the travel destination. Any fines, penalties, payments or expenditures incurred by you as a result of such documents not meeting the above requirements is your sole responsibility. you must therefore satisfy yourself of the passport and visa entry requirements for your travel destination and your return to Australia.
2.2. we do not provide travel immigration advice and cannot warrant the accuracy of information provided by any external service. we therefore accept no liability for any loss or damage which you may suffer in reliance on travel advice provided by third parties.
2.3. Notwithstanding the above, you are required to advise us in advance of departure if you have any questions or concerns regarding visas, passports and other travel document requirements for your trip or if you have any reason to believe or suspect that you may be denied entry into your travel destination or return to Australia.
3.1. we strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. your insurance protection should include, as a minimum, cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive and you are encouraged to investigate your level of coverage prior to departure.
3.2. we do not provide advice regarding travel insurance products and cannot warrant the appropriateness or otherwise of your travel insurance arrangements. we therefore accept no liability for any loss or damage which you may suffer because your travel insurance is insufficient.
3.3. Notwithstanding the above, evidence of your travel insurances must be produced to Us on request.
4.1. we recommend that you contact the Department of Foreign Affairs and Trade or visit their website at http://www.smartraveller.gov.au for general travel advice, as well as specific advice (including safety alert levels) relating to any foreign destination you wish to visit. you can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
5.1. It is your responsibility to ensure that you may safely travel to any foreign destination, that you bring any required medication with you and that you have received any necessary or recommended vaccinations. It is recommended that you bring with you copies of any necessary health and vaccination records. In some countries, failure to present required vaccination documentation may result in you being denied entry into the country.
5.2. we recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing travel. General health advice for the destination you wish to visit is also available from the Department of Foreign Affairs and Trade.
5.3. Please advise us if you have any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
6.1. A quoted price is only fixed [once a deposit has been paid / once you have paid in full]. Quoted prices are otherwise subject to availability and may be withdrawn or varied at any time without notice. Price changes may arise for reasons beyond our control, including changes in the exchange rate, or changes in the pricing of services provided by our partneres.
6.2. When making a booking, you are required to place a deposit equivalent to 30% of the total price. Subject to the requirements of the Australian Consumer Law, this deposit is non-refundable. The remaining 70% is due 60 days before departure.
6.3. If you wish to vary or cancel your booking, [the following additional charges will apply:
(a) – Written notice presented at least 60 days before the departure: we will refund 70% of the total tour cost. The cancellation fee is 30% of the total tour cost.
– Presented in a range between 59-45 days before the departure: we will refund the 50% of total tour cost, so that the cancellation fee is 50% of total tour cost in this case.
– Presented in a rage between 44-30 days before the departure: we will refund the 25% of total tour cost, charging the customer with a fee of 75% of the total tour cost.
– Presented within 30 days before the departure: the customer is not eligible of a refund.
(b) Supplier Change and Cancellation Fees: Cancelled bookings may also incur fees and charges imposed by our suppliers, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until we receive the funds from that supplier.
6.4. Airport and airfare taxes may change from time to time and you will be responsible for any change in tax levied on you and your travel.
6.5. When we make a booking on your behalf, we act as an agent for you in making a booking With transport, accommodation and other service providers, such as airline and accommodation providers. Where we make bookings with service providers on your behalf, we do not provide the services offered by them and have no control over, or liability for, the services provided by them. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by third party service providers.
6.6. All monies paid by you to us will be the property of Brady’s Wildlife Adventures and, unless paid to a third party service provider as a deposit, will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. you agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
You warrant that:
(a) you have read and understood the Terms and Conditions and agree to comply with them at all times;
(b) you have not been induced to agree to the Terms and Conditions by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Terms and Conditions;
(c) you have been given the opportunity to take legal advice on these Terms and Conditions and on the terms of any insurance product you obtain prior to undertaking a Wildlife Tour;
(d) you have the power and authority to perform any obligations imposed on you by the Terms and Conditions and have taken all necessary action in order to authorise your agreement to these Terms and Conditions;
(e) you have the authority to act on behalf of any other traveller on a booking made by you and that you may bind all such travellers to these Terms and Conditions.
(f) you have complied with all laws; and
(g) you have obtained all third party approvals necessary for you to perform your obligations under the Terms and Conditions
8.1. Subject to any rights you have under any consumer protection law, we exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
8.2. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
8.3. To the maximum extent permitted by applicable law, neither Brady’s Wildlife Adventures, nor our Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
(a) our website;
(b) your use of our website and any sites linked to the website;
(c) any information obtained through our website;
(d) travel products or services provided by third party travel providers,
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
8.4. our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
8.5. Without limiting the foregoing, to the extent permitted by law, our liability for any claim will at all times be limited to supplying you the booking services offered by Brady’s Wildlife Adventures again.
8.6. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities have no responsibility for the legality of your actions.
you will at all times indemnify, and keep indemnified, Brady’s Wildlife Adventures and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by Brady’s Wildlife Adventures arising from any claim, demand, suit, action or proceeding by any person against you or Brady’s Wildlife Adventures where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
The obligations contained in clauses 6 (Price and Payment) to 11 (Miscellaneous) survive termination or expiry of these Terms and Conditions.
11.1. You may not assign or purport to assign any of your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions on the provision of written notice to you.
11.2. You acknowledge and agree that Brady’s Wildlife Adventures may pay or receive commissions and fees to or from third parties including third party service providers in respect of the services provided to you.
11.3. These terms and conditions are governed by and will be construed in accordance with the laws from time to time in force in Western Australia and the parties submit to the jurisdiction in the Courts of that State.
11.4. Failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of these Terms and Conditions will not affect or impair that provision in any way or the rights of either party to avail itself of the remedies it may have in respect of any breach of any such provisions.
11.5. The Terms and Conditions form the entire agreement of the parties in respect of the matters dealt with in it and supersede all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.