Booking Terms & Conditions

OFF THE GRID 365

COMMERCIAL-IN-CONFIDENCE

OFF THE GRID 365 PTY LTD 3 DAY TOUR BOOKING TERMS AND CONDITIONS

OFF THE GRID 365 Pty Ltd (ABN 41 629 259 892) conducts walking tours in Australia including accommodation, food and wine, activities and transportation provided both by Off The Grid 365 Pty Ltd and by third party service providers. These booking terms and conditions apply exclusively to every contract for services by Off The Grid 365 Pty Ltd to a Customer, including through an agent, and cannot be varied except as expressly agreed in writing by Off The Grid 365 Pty Ltd.

1. Definitions:

Customer means one or more persons purchasing Tours from Off The Grid 365 Pty Ltd, whether directly or through a third-party agent.

Tours means the travel arrangements made by the Off The Grid 365 Pty Ltd including all Products. 

Product means the individual products that together form the Tours, for example transportation, activities, accommodation, transfers, food and wine. 

Service means the booking and payment services supplied by Off The Grid 365 Pty Ltd. 

Supplier means the supplier of a Product, which may be Off The Grid 365 Pty Ltd or a third-party supplier.

2. Pricing:

a) Price - All prices are quoted in Australian dollars. Pricing is per person twin share unless otherwise stated. A holiday surcharge may apply during peak periods.

b) Price changes - Off The Grid 365 Pty Ltd makes every effort to maintain current pricing on its website and in information it distributes by other means, however it reserves its right to change the price charged for Travel Arrangements without notice. Price changes apply to new bookings only and a Customer will pay the price quoted at time of booking.

c) Surcharges – the price of the Tours is subject to the possibility of surcharges, which may arise due to a change in Product prices, holiday peak rates and other increases in connection with the Tours. Any applicable surcharges will be communicated during the quoting and booking process.

d) Single supplement – Pricing of Tours are twin share based on two adults sharing a bedroom (twin share). Where a solo traveller joins a small group tour, a single room supplement may be charged as advertised and advised at time of booking. This single room supplement is payable to secure their own bedroom with ensuite. This may be within a two bedroom/two bathroom villa, with a fellow solo traveller in the other bedroom. Where booking onto a small group tour in a party of three, the twin share rate applies if the three guests share a two-bedroom villa (ie two guests in one room, one guest in the other); the single room rate applies if each guest requires their own room (ie requiring more than one villa). For all private tour options, any single supplement will be confirmed during the quoting and booking process.

e) Basis of price – Tour prices are quoted for the entire package and itemised component costs cannot be given. Tour pricing may be based on Products being booked for all Customers in the Booking, and accordingly Customers must travel together throughout the Tour, unless variations are explicitly agreed.

f) Exclusions from the price – Tour price does not include airfares (unless stated), arrival and/or departure taxes, Visa requirements, insurance, personal expenditure including phone calls, laundry and room service. Food and wine is included only to the extent expressly stated in the booked itinerary.

3. Minimum Numbers:

a) Private tours - With the exception of Tours involving a small group walking tour supplied by Off The Grid 365 Pty Ltd, four (4) persons are required to proceed with a booking of any Tour.

b) Group walks - A single customer may book onto a small group walk that includes other participants. A total of four (4) participants is required for a group walk to proceed as scheduled. In the event of less than four participants in total booking onto a group walk, the departure will proceed with minor alterations to make the itinerary suitable and viable for up to four participants, as determined by the

Off The Grid 365 Pty Ltd. These alterations will be advised by the Off The Grid 365 Pty Ltd at least 14 days prior to your departure date in the event that there are only four confirmed participants at that time. Customers may request information from the Off The Grid 365 Pty Ltd about the potential alterations to the small group walk at the time of booking if they require this information in advance. In the event that only one customer has booked onto a departure, the customer will be notified 14 days prior to their walk of the cancellation of the departure and given the opportunity to rebook onto another departure or the option of a refund.

4. Payments:

a) Payment of a deposit indicates the acceptance of these terms and conditions. Unless otherwise agreed at the time of booking, a 30% deposit is required to secure your Tour booking.

b) Balance payments are due 60 days prior to the Tour departure date.

c) Payments may be made by direct deposit, Visa debit, or by credit card. Visa and Mastercards are accepted. Credit card payments incur a surcharge of 2%. Where a guest pays the deposit by credit card, the balance may be deducted from the Customer’s nominated credit card at the due date unless paid prior. We will always notify you prior to doing this.

d) International payments may incur transaction fees from your bank and Off The Grid 365 Pty Ltd’s bank. Off The Grid 365 Pty Ltd reserves the right to pass on any bank charges incurred in receiving international funds into its account.

5. Cancellation:

a) Notice of cancellation must be received in writing to admin@otg-365.com .

b) The following cancellation fee is payable to Off The Grid 365 Pty Ltd in the event of a cancellation of participation in a Tour by the Customer:

I. More than 60 days’ written notice prior to Tour departure date: 30% of the Tour price (deposit)

II. Within 60 days’ written notice prior to Tour departure date: 50% of the Tour price

III. Within 30 days’ written notice prior to Tour departure date: 100% of the Tour price

d) The Customer may incur additional cancellation fees from suppliers, including flight providers and local agents.

e) Off The Grid 365 Pty Ltd may treat a booking as cancelled and apply the relevant cancellation fee where the Customer fails to pay the balance payment at the due date.

f) Off The Grid 365 Pty Ltd may, at its sole option, where circumstances outside of its control affect the provision of Tours or any Product or Products (such as natural disasters and Acts of God, fire, flood and extreme weather events, terrorist events, war, strikes, port or airport closures, technical issues with transportation, alteration or cancellation of a scheduled Product or any part of a Product), cancel scheduled Tours at any time at its sole discretion, in which case Off The Grid 365 Pty Ltd will:

I. Offer the Customer alternative Tours or Products of comparable standard as may be appropriate in the circumstances; or

II. If alternative Tours are not offered, Off The Grid 365 Pty Ltd will make a prompt refund of monies paid by the Customer (or proportional refund taking into account any portion of the Tours already provided).

g) Off The Grid 365 Pty Ltd will not be able to cover additional costs Customers may incur if Tours are cancelled, changed or rescheduled. We strongly recommend all Customers purchase travel insurance to cover such costs in the event that they become payable.

h) Products not utilised – No refund is available in respect of Products not utilised, such as transportation, activities and accommodation.

6. Liability:

a) Loss - Off The Grid 365 Pty Ltd is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain or suffering, damage, injury, accident, delay or irregularity occasioned to the Customer in connection with the provision of Services, Products or the Tours, except to the extent caused directly by a negligent act of Off The Grid 365 Pty Ltd and then only to the extent the loss was reasonably foreseeable. Nothing in this condition is to be interpreted as excluding, restricting or modifying the application of any relevant Australian State or Federal legislation.

b) Visa requirements – The Customer acknowledges and accepts that Off The Grid 365 Pty Ltd will not be liable in the event that the Customer fails to obtain any required passport, Visa or permit required to undertake the Tours.

c) Tours may involve physical and nature-based activities, including bush walking, that contain some inherent risks of physical harm, personal injury or death to participants. By booking a tour, you are accepting the risks associated with undertaking such activities, which may include the risk of snake bites, insect bites, unpredictable tides, bush fire, drowning and extreme weather (heat and storms).

By making a booking, the Customer accepts these risks and agrees Off The Grid 365 Pty Ltd is not liable for any loss, injury, death or damage whatsoever sustained in relation to a Product or the Tours, unless directly caused by a negligent act of Off The Grid 365 Pty Ltd.

d) In the event that the Customer becomes unwell, injured, or lost while experiencing a Product, the Customer agrees to indemnify Off The Grid 365 Pty Ltd for any costs incurred by Off The Grid 365 Pty Ltd in arranging emergency evacuation or transportation, medical treatment, or other related costs.

e) Medical conditions – The Customer must notify Off The Grid 365 Pty Ltd of any pre-existing medical conditions that might reasonably be expected to affect the Tours. The Customer agrees and acknowledges that Off The Grid 365 Pty Ltd will not be responsible for any pre-existing medical condition or health issue of the Customer that may preclude, delay or interfere with the Tours. Off The Grid 365 Pty Ltd strongly recommends Customers aged over 70 years of age, or guests with any medical conditions or concerns, obtain a medical certificate confirming they are fit and healthy to undertake their chosen Tours. Customers acknowledge and accept that they are sole responsible for having required medication (including epi-pens for allergies) with them and for advising suppliers of such medication prior to commencing any service or Product with that supplier.

7. Insurance:

a) Unforeseen circumstances may result in you having to change your plans or even cancel at the last moment or after your trip has commenced. To protect non-refundable deposits and payments, and to cover unforeseen costs that may become payable, due to changes in your plans, or circumstances that impact Off The Grid 365 Pty Ltd’s ability to deliver your tour as booked, we strongly recommend you purchase comprehensive travel insurance. This is available from travel agents, some health care and credit card companies and via various websites. Please be sure to consider such things as pre-existing medical conditions, valuable items, out of pocket expenses and indirect costs in the event your tour is cancelled or amended, and that the policy is right for you.

b) Appropriate ambulance cover may also be required for domestic travellers, separate to your travel insurance cover. Speak to your insurance advisor to determine whether this is included within your travel insurance policy.

8. Privacy:

Any personal information that Off The Grid 365 Pty Ltd obtains from the Customer, or about the Customer from its representative, is necessary for the Company’s business purposes or to supply the Tours, Products and Services, and may be used for answering the Customer’s questions, arranging Tours, operations and administration, marketing of Off The Grid 365 Pty Ltd’s services and other

related purposes. Off The Grid 365 Pty Ltd will not disclose your personal information to a third party except to suppliers of your Tours, or to an adviser of Off The Grid 365 Pty Ltd, or where required by law.

9. Miscellaneous:

a) Different Products included in the Tours may have specific terms and conditions applicable to the Product. These will be communicated during the quoting and booking process. While Off The Grid 365 Pty Ltd makes all reasonable endeavours to ensure all Products are of the highest standard, Off The Grid 365 Pty Ltd makes no representations or warranties as to the quality or specific characteristics of individual Products.

b) Waiver – Off The Grid 365 Pty Ltd’s failure to enforce any of the conditions will not be treated as a waiver of any right or condition under this agreement.

c) Governing law – These terms and conditions are governed by and to be interpreted in accordance with the laws of Western Australia and Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Western Australia and courts able to hear appeals from them.

Document Controlled By: Directors Off The Grid 365 Pty Ltd Date of Last Review: 07/05/2020

OFF THE GRID 365 PTY LTD 3 DAY TOUR BOOKING TERMS & CONDITIONS

MULTI-DAY TOURS

0434 179 259

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