IN A DAY- JERVIS BAY
TERMS AND CONDITIONS
This Tour is operated by IN A DAY – JERVIS BAY.
Please read these terms and conditions carefully.
Your booking is made on your understanding of, and your agreement with, these terms and conditions. References to “us”, “we”, “our” in these booking terms and conditions shall be a reference to IN A DAY – JERVIS BAY.
1. Tours and tour itineraries: Tours and itineraries advertised are subject to change until we issue a booking confirmation. Quotes are valid for 14 days from issue.
2. Bookings: this is our procedure for bookings:
• You choose a tour and complete the booking form.
• You make the booking and pay the full tour price. Discount codes may be used for bookings but only one code may be used per booking.
• You may make a booking on behalf of yourself and someone else. There is no children’s rate and if a car seat is required, you must arrange it at your cost.
• All tours are subject to availability and all itineraries are subject to variation. The minimum number for a tour is 4.
• If the tour is available and the itinerary has not been varied, we will issue you a tour confirmation within 7 days of receipt of the booking application.
• If the tour is no longer available or if the itinerary has been varied after we issue a tour confirmation, we mayoffer you a new tour.
3. Payments: You may pay the tour price by bank transfer. If so, you will not pay a processing fee. If you pay by credit/ debit card, we pass on these fees: EFTPOS 0.63%; Mastercard Debit 1.38%; Visa Credit 1.68%; Visa Debit 1.68%.
4. Tour price: The tour price is fixed when we issue the tour confirmation. The following apply:
• Cancellations: If you cancel more than 14 days before the start of the tour, we will refund the tour price. If you cancel within 14 days of the start of the tour, the tour price is non-refundable. If so, it will be held as a credit to be applied towards a new tour. The credit expires three months after the cancellation.
• No-shows: All pickup times are sharp. If you are not present at the pickup location at the appointed time, you may not be able to participate in the tour and will not receive a refund of the tour price.
• Your changes: If you request a change in the booking. fees and extra charges may apply to cover the cost.
• Increase in costs: If there is an increase in costs in our performance of the tour by reason of factors outside our control, such as a cost increase by a supplier, then we will pass on that cost increase as surcharge payable by you.
• Change of itinerary: We may change the itinerary or re-schedule the tour in the event of bad weather, natural hazards such as floods and bushfire, poor road or beach conditions or closures, vehicle breakdowns, and other events outside of our control.
• If a supplier is unable to provide the services stated in the itinerary, we will use our best efforts to provide an alternative of equivalent standard and cost. If the alternative costs extra, we will pass on the extra cost to you. If no alternative is available, we will pass on the refund received from the supplier which is unable to provide the services.
5. Suppliers: We rely on suppliers for transport and recreational activities. When you are in the care of the transport and activity suppliers, you are subject to the terms and conditions and limitations of liability imposed by the supplier. If the supplier is unable to provide the services for which you have contracted, your remedy lies against the supplier and not with us. We are not responsible for, and do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of the suppliers.
6. Liability waiver: I acknowledge and agree that the terms of the Liability Waiver (attached) apply to me and to anyone on whose behalf I make the booking (whether or not I sign the Liability Waiver). In accordance with the Liability Waiver, I waive, release, and discharge EDEN ELIZABETH GREEN trading as IN A DAY - JERVIS BAY from all liability for death, disability, personal injury and property damage in any way arising out of participation in the activities to be performed in the tour and acknowledge that the waiver and release extends to her representatives and agents.
7. Change of arrangements during the tour: We reserve the right to change the itinerary, accommodation, and/or modes of transport even after a tour’s commencement, without prior notice due to local circumstances. Local circumstances include events of force majeure, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other events and circumstances beyond our control or which simply cannot be foreseen. We do not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes of arrangements due to local circumstances beyond ourcontrol.
8. General Requirements: Please note these requirements:
- Liaise with us regarding any special requirements you may have for your travel arrangements such as special mealrequests and health.
- A moderate understanding of English is necessary to follow safety instructions.
- Beaches are not patrolled by lifeguards, and swimming is at your own risk.
- Children must be accompanied by adults. Car seats for children are to be checked and installed by a parent or guardian.
- Due to the conditions of the roads and the terrain for walking, this tour is not suitable for persons with back problems, heart problems or other serious medical conditions.
- Dress according to weather conditions.
- Leave your luggage at your place of accommodation. Only personal items are permitted on the tour.
- If your behaviour, physical or mental condition in our reasonable opinion may endanger the health, safety, interests, or the welfare of you or any other persons on tour, we may exclude you or ask you to leave the tour. If so, no compensation will be payable.
- You are responsible to clean up and/or pay for any mess made to the vehicles such as vomiting or food and drink spills. The fee starts at $450.
9. Governing Law: If any dispute arises in relation to the agreement between you and us as constituted by these terms and conditions or otherwise, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any right that you may have to object to an action being brought in those courts.