Tour Chief Pty Ltd (referred to as TourChief, we, our or us in this Agreement) provides booking services on this website. This Agreement is the agreement in respect of any tours, experiences, attractions, goods or services acquired by any users (and any person on whose behalf a user is acquiring any goods or services) (referred to as you or your in this Agreement) on this website. Tours, experiences, attractions, goods or services acquired by you on this website are referred to as tours. We sell tours as an agent and we are not the supplier of any tours.
All bookings for tours booked by you are made on behalf of third party suppliers (referred to as Experience Suppliers). When a booking is made by you, it is a contract with us and subject to these terms and conditions. A contract is also formed directly between you and the Experience Supplier.
Bookings
You must be at least 18 years of age to make a booking for any tour on this website. You must pay the specified booking price by credit card or other payment method accepted on the website.
We will send you a confirmation of a booking by email or other communication method.
Validity & Refunds
All vouchers provided for tours are valid for the period specified by us or the Experience Supplier at the date of purchase and notified to you in the booking confirmation. All tours are non-refundable and not redeemable for cash, except where the Experience Supplier has notified that a cancellation or refund policy applies.
Where the Experience Supply has noted that a cancellation or refund policy applies, and unless a separate policy is notified by an Experience Supplier on the booking page for the applicable tour, the cancellation and refund policy is as follows:
Cancellations notified 30 days or more prior to the tour date entitle you to a full refund from the Experience Supplier;
Cancellations notified 10 days or more (but less than 30 days) prior to the tour date entitle you to a 50% refund from the Experience Supplier;
Cancellations notified less than 10 days prior to the tour date do not entitle you to any refund.
Some tours do not allow refunds or cancellations, as notified on the relevant booking page. Tickets are not transferable and are not redeemable for cash.
If you fail to attend at the agreed date, time and place specified you will not be entitled to any refund from the Experience Supplier or us.
Booking Amendments & Cancellations
Not all Experience Suppliers will accept changes once your booking is received. It may be possible to change your booking, however this is at the discretion of the Experience Supplier and fees may apply.
If you need to make changes (for example the number of people or the date of your booking) please contact us and we will seek to assist, however all changes are at the discretion of the Experience Supplier and rescheduling and other fees may apply.
If the Experience Supplier cancels any tour due to reasons outside of the Experience Supplier’s control (such as bad weather or mechanical breakdown), you will be given the option to reschedule the tour within 3 months of the original tour date (if reasonably practicable) or receive a refund on the tour. Please note if you opt for a refund, any booking fee is not refundable.
If the Experience Supplier cancels any tour, you must contact us within 24 hours from the scheduled time for the tour.
Availability
We enable you to book tours from Experience Suppliers. We act as the agent for the Experience Supplier in making the booking. We accept no liability if a booked tour is unavailable. In such event you would be entitled to a full refund from the Experience Supplier. We make no guarantee regarding availability of any tours published on this website.
Certain tours require minimum participant numbers. If minimum numbers are not met, we or the Experience Supplier will contact you to arrange an alternative to date.
Information provided
The Experience Supplier is responsible for providing an accurate description of tours. While we make every effort to ensure information displayed on our website is accurate, as this information is provided by the Experience Suppliers we provide it to you as agent for the Experience Suppliers and we do not guarantee its accuracy or that it is free of errors or faults.
We reserve the right to change information on our website at any time without notice to you (including the terms of this Agreement).
Pricing
All prices quoted on this website are in Australian dollars and include any applicable goods and services tax (GST ), unless specified otherwise.
Unless specified otherwise, prices are on a per person basis and do not include transport to or from the tour or other transfers.
Prices are current at the time of publication but may change without notice. Prices may vary due to peak demand, periods, changes in surcharges, fees, taxes or currency fluctuations.
Prices are regularly updated when prices changes are received from Experience Suppliers.
Experience Suppliers
As we act as an agent, we have no control over the business operations of any Experience Supplier.
We make no guarantees or warranties about any tours provided by an Experience Supplier, and have no liability in respect of the tours.
Complaint Resolution
You must notify us within 24 hours of the scheduled tour date if there are any issues with the tour.
We will respond to you as soon as reasonably practical, however in some cases we may need to communicate with the Experience Supplier before responding to your complaint.
Liability
Some of the tours we promote as agent for an Experience Supplier are considered dangerous and you should be aware of the risks involved before participating, which may include injury or death.
Where the tours include activities that could be considered dangerous, you assume all of the inherent risks which are applicable to those activities. Certain medical conditions and medications may preclude you from participating in activities and you are responsible for confirming your ability to participate, including with the Experience Supplier. You must use caution when participating in activities and inform the Experience Supplier of any medical or other conditions.
In each case, liability for the supply of the tours is solely the liability of the Experience Supplier, and is not our responsibility.
Without affecting any of your statutory consumer rights that cannot lawfully be excluded or limited:
We are not liable for any losses, damages, liability, claims expenses (however caused, including negligence and whether direct, indirect or consequential) arising from the use of or connected with our website or any tours purchase on our website; and
We make no guarantee, warranty or representation as to the fitness or suitability of any tour displayed on our website or any linked website. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to the value of the booking fee.
You release us (and our servants, agents and employees) from and indemnify us (and our servants, agents and employees) against any liability with respect to any injury, loss or damage which you may sustain while participating in a tour.
You are solely responsible for confirming your ability to participate in any tour, including due to any medical condition or allergy, if you are pregnant, suffer from back, neck or heart conditions or any other pre-existing conditions or injuries, with the Experience Supplier or us prior to booking any tour.
Notwithstanding any other provisions of this Agreement, it is a condition of this Agreement that any claim for loss or damage must be notified to us in writing within 7 days from the day the tour finishes, and any court action, suit or proceeding must be brought no later than one year from the day the tour finishes. If you fail to comply with either of these conditions, we will be forever released from all claims, suits, actions or proceedings relating to or arising out of or in any way connected with the tour and we will be discharged from all liability whatsoever.
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