Adjusted Terms and Conditions 2022
Seven Senses Adventures Terms and Conditions
We are Seven Senses Adventures, a business registered in Australia, ABN 67317495011.
These terms and conditions are your contract with us for provision of any Tours you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
"Tour" means any adventure/Tour/event/activity constituted in the services we offer.
2. The contract between us
2.1. Seven Senses Adventures Tours vary. Whatever Tour you choose, the terms of this contract will apply unless we indicate otherwise.
2.2. The contract between us comes into existence when you pay a deposit for your chosen Tour. We will send our confirmation and an invoice for final amount and payment details. You will have undertaken to pay for your booking, and we will have undertaken to provide you with the Tour we describe on Rezdy booking platform or on our website.
2.3. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010.
2.4. We may decline your booking for any reason, and we do not have to give you the reason. If that happens, we will return your money to you immediately and in any event within 14 days.
3. Your authority to book for others
3.1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
3.2. As lead member of your party, we will deal only with you in our correspondence.
4. What is included in the price of a Seven Senses Adventure Tour?
4.1. travel from the meeting point to your return to the departure point (which is likely to be the same place)
4.2. accommodation and all meals (unless otherwise stated in the itinerary)
4.3. services of one or more Tour guide
4.4. activity specific qualified instructors/guides
4.5. hired equipment (as specified in the Tour)
5. What is NOT included?
5.1. meeting point and after you return to the departure point
5.2. travel insurance or any other insurance personal to you
5.3. food and drink over and above what we include in the Tour
6. Tour prices
6.1. When you make your booking, we shall ask you for a deposit to secure your booking. Deposits are non-refundable, but in some cases may be transferable to another Seven Senses Adventures Tour. The balance of the price must be paid at least 14 days before your departure date. If the balance is not paid on time, we shall cancel your Tour arrangements and retain your deposit.
6.2. Any booking made less than 14 days prior to the departure date must be accompanied by full payment at the time of making the booking.
6.3. We shall not change the price of your booking once we have accepted your booking.
6.4. Prices are in Australian Dollars and inclusive of Australian Goods and Services Tax.
6.5. Prices are per person and based on shared accommodation in a hotel room, apartment, cabin, house or tent, unless otherwise stated. Occasionally, on some Tours, three or four persons may be required to share ablution facilities.
6.6. If single occupancy is requested and can be provided on a Tour, a single supplement will be payable. The amount will be advised to you at the time of booking, unless otherwise outlined on the Seven Senses Adventures website and Rezdy booking platform.
7. Special requests
Any special requests relating to your Tour must be advised on the booking form. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled.
8. Minimum participants required for the Tour
8.1. As stated on our website and Rezdy booking platform, a minimum number of participants are required in order for the Tour to go ahead. Therefore, we reserve the right to cancel any Tour for which there are not enough bookings not less than 14 days prior to the departure date.
8.2. In the event of our cancellation, your deposit and any other payment you may have made to us minus non-refundable costs incurred by Seven Senses Adventures and Rezdy booking platform fee will be refunded, or, if you prefer, transferred to an alternative Seven Senses Adventures Tour.
8.3. You agree that all these provisions are reasonable.
9. Health and Age of Participants
9.1. All participants booked on a Seven Senses Adventures Tour will be required to be fully vaccinated. Proof of vaccination must be sighted by Seven Senses Adventures before commencement of the Tour.
9.2. You agree to complete the Medical Form honestly and fully disclose all relevant medical information.
9.3. If you have any pre-existing medical conditions which may impact your ability to participate in a Tour, travel to areas without immediate access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form with clearance signed by a licensed and practising physician.
9.4. Due to the environmental conditions and need for varying degrees of physical exertion, you must be in a suitable physical and mental state to safely participate in the type of Tour you book.
9.5. It is recommended for any participant over the age of 75yrs to get medical clearance from a practicing physician advising that you can safely participate in the Tour you have booked.
9.6. For safety reasons, Seven Senses Adventures may not consent to a child under 14 years attending Multi day Tours.
9.7. Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by a parent/guardian who assumes full responsibility for the child.
9.8. The parent/guardian agrees to these terms and conditions on the child’s behalf.
9.9. For safety reasons, Seven Senses Adventures may in its absolute discretion deem a particular Tour not suitable for minors which will be advised on the website and/or Rezdy booking platform.
10. Variations to Tour
10.1. Seven Senses Adventures reserves the right to modify and change a Tour itinerary due to but not limited to changes in accommodation or other supplier arrangements, adverse weather, government directives or other operational circumstances (for example, road conditions, mechanical break downs, strikes, illness or accidents of customers or Tour guides, national park management directives, eg: park closure due to fire bans.)
10.2. No refunds will be made in respect of these changes.
10.3. Seven Senses Adventures will not be liable for any loss suffered by any variations required.
10.4. You may leave the Tour at any time by giving notice to the Tour leader. You will not be entitled to a refund and Seven Senses Adventures will not be liable for any loss or damage you incur as a consequence of you leaving the Tour.
11. Changing your booking
We will always do our best to help you with any change to your booking. If you require any change, you must tell us by email or in writing. An administration fee of $50 will apply for changes made more than 30 days before departure and $100 for changes made within 14 days of departure, plus any price difference in Tour costs, or external costs we incur in making the change for you. Changes cannot be made within seven days of the Tour due to operational requirements.
12. Transferring your booking
If you would like to transfer your booking from one person to another, the following terms apply:
12.1. The transferee must satisfy any special conditions or requirements applicable to the Tour.
12.2. You must inform us about your intention to transfer your booking to the transferee at least seven days before the departure date in writing or through email.
12.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
12.4. Our administration charge is $50 for transfers made more than 30 days before departure and $100 for transfers made within 14 days before departure, plus any price difference in Tour costs, or external costs we incur in making the change for you. Transfers cannot be made within seven days of the Tour due to operational requirements.
12.5. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Tour which you do not use.
13. Cancellation by you
13.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us due to hiring of equipment and using outside providers. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:
All deposits are non-refundable: (unless we cancel the tour: see clause 14)
Day Tours: Cancellation fee
14 or less days before departure: Full amount
Overnight Tour: Cancellation fee
Between 42 and 30 days before departure: 30% of booking cost
Between 30 and 15 days before departure: 50% of booking cost
14 days or less before departure: Full amount
13.2. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid to some other Seven Senses Adventures Tour you choose (see clause 12). But whether we do so is in our discretion, for which we do not have to give a reason.
13.3. If your cancellation results in the minimum numbers required for the Tour being no longer met, requiring us to cancel the Tour, Seven Senses Adventures has a right to decline your request for a refund).
13.4. In any of the above circumstances where a refund is issued, we will return any money due to you within 14 days of receiving your written cancellation.
Note: we recommend that you consider taking out holiday insurance appropriate to your needs.
14. If we cancel your Tour
Because we make travel arrangements far in advance, we sometimes have to cancel a Tour. If that happens the following terms apply:
14.1. We will always inform you as soon as possible about any change. If that happens you may:
14.1.1 accept the change; or
14.1.2 accept our offer of alternative travel arrangements of a comparable standard; or
14.1.3 cancel your booking, whereupon we will give you a refund of all money paid, except any non-refundable expenses Seven Senses Adventures has incurred.
14.2. You will not make a claim against Seven Senses Adventures for any other loss suffered by you due to a cancellation. Seven Senses Adventures will not be liable for any breach or failure to perform its obligations under these term and conditions to the extent that the breach or non-performance resulted from a Force Majeure event, including war, riots, civil strife, terrorist activities, government directives, natural or human caused disasters, adverse weather conditions, epidemics, industrial disputes, and any event beyond its reasonable control
15. If you have a complaint
15.1. If you have a complaint or concern during your Tour, you must inform the Tour leader at the time it becomes apparent.
15.2. If your complaint is not able to be resolved through the Tour leader, your complaint must be by email or in writing and forwarded to Seven Senses Adventures within 14 days of the end of the Tour.
15.3. Information required: full details of your Tour including name, date, location and concise details of the complaint and any subsequent history.
15.4. Seven Senses Adventures will reply to you within 30 days of receiving your complaint.
16. Limitations on our liability
16.1. We want you to enjoy your Tour with Seven Senses Adventures. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
16.2. If we fail to provide the Tour set out on our website or on Rezdy booking platform and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:
16.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on Tour.
16.2.2 medical emergencies.
16.2.3 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking.
16.2.4 some third party unconnected with the provision of tour arrangements where we could not reasonably have foreseen or avoided those circumstances.
16.2.5 any other unusual and unforeseeable circumstances beyond our control.
16.3. The services and features included in your booking are those specified in our website or Rezdy booking platform.
16.4. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.
17. Help we need from you
Your information pack will provide details about your chosen Tour, but the following are contractual matters:
17.1. Most Seven Senses Adventures Tours require reasonable physical fitness, appropriate clothing, and footwear. You should be prepared to walk on uneven or slippery surfaces. Water activities require additional skills, and, on some Tours, experience is required.
17.2. You must complete and return a medical and activity assessment form before departure. By signing, you are certifying that you are in suitable physical and mental state to safely undertake the activities you have booked.
17.3. You must complete and return an acceptance of risk and release of indemnity form before departure.
17.4. You are to inform your guide of any medical conditions which may affect other participants’ health on Tour.
17.5. Baggage is restricted to a soft bag under 15kg and a small carry-on baggage for overnight Tours.
17.6. Baggage and personal effects are at the passenger’s own risk throughout the Tour. You should consider taking out holiday insurance appropriate to your needs.
17.7. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort, or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.
18. Terms and conditions of third-party providers
Some of the services we provide, including options which may occur from time to time during your Tour, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.
19. Miscellaneous matters
19.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
19.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
19.5. For the purposes of the Privacy Act 1988, each party consents to the processing of his personal information (in manual, electronic or any other form) by Seven Senses Adventures. Limited personal information such as name will be shared with third party providers to enable necessary bookings and arrangements.
19.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.8. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
19.9. The validity, construction and performance of this agreement shall be governed by the laws of State of South Australia and the parties agree that any dispute arising from it shall be litigated only in that State.
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