Terms & Conditions

Valid 12th October 2020 – 30th June 2021

By making a booking with Down Under Discoveries you agree to abide by the following Terms & Conditions. If there is anything you are unclear about then it is your responsibility to request further explanation.

Conditions of Booking

That you have read and agree to these terms and conditions prior to making your booking.

Prices

Prices are quoted in Australian dollars (inclusive of GST). Prices are per person, are correct at time of publication and can be subject to change at the discretion of Down Under Discoveries.

Inclusions

Experiences include all sightseeing, entry fees and meals as stated in the full itinerary however are subject to change solely at the discretion of Down Under Discoveries.

Conditions of Travel

Down Under Discoveries reserves the right to alter the route or itinerary of any of its experiences and arrange alternative carriers to those advertised if necessary. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause beyond our control, including but not limited to severe weather conditions. Components of trips are weather dependant and Down Under Discoveries cannot be held liable if trip components are not available on the day of travel. We will endeavour to deliver the experience as presented and will only make changes which are in the best interests of and for the safety of you, our passengers.  Down Under Discoveries cannot guarantee exact pick up or drop off times and is not liable for passenger failure to connect with other services or any associated costs resulting from such delays. We accept no responsibility for loss or damage to personal belongings or baggage.

Liability

Whilst we make every effort to safeguard our passengers, Down Under Discoveries cannot be held liable for any damage, injury, or loss of any kind caused by or resulting from any act or omission by its employees, agents or contractors. Passengers should note that any adventure travel involves a higher than normal risk and a signed release may be required from all participants before departure. Down Under Discoveries also assumes no responsibility for any act of negligence, act or omission whatsoever by any company whose services are used as part of packages provided, including but not limited to food, activity and accommodation providers.

By booking an experience with Down Under Discoveries, the passenger agrees that Down Under Discoveries and its operators will not be held responsible for any death, injury, illness, detention, delay (including mechanical breakdown), damage or loss of any nature caused or incidental to the experiences and operations of Down Under Discoveries and its operators. This is held true whether or not it is due, or alleged to be due to negligence, misconduct or breach of conduct on the part of Down Under Discoveries or its operators. Passengers expressly renounce all claims against Down Under Discoveries and its operators in respect of such death, injury, illness, detention, delay, damage or loss.

Assumption of Risk/Waiver

Down Under Discoveries aims to provide the highest standards of safety and service in the delivery of its activities, tours and programs. To enable us to better provide for your own safety and enjoyment, we ask that you answer all questions as required prior to making your booking.

By making your booking and answering the questions you are declaring that the answers provided are correct and that u have not withheld any information or material that may determine your ability to participate in the aforementioned activity, tour or program.

You agree that you will not take any legal or illegal substance before or during the activity, tour or program that may affect your judgement or physical responses during the activity, tour or program.

You are aware that during your participation in any activity, tour or program arranged by Down Under Discoveries, its employees or agents, certain risks or dangers may occur which may include, amongst others:

  • involvement in physical activity and exertion;
  • bodily injury and/or illness including the potential for permanent disability and death;
  • possible equipment failure, malfunction or operator error;
  • hazards of participating in activities outdoors and/or at height;
  • your own negligence and/or negligence of others; and
  • difficulties of evacuation if you are injured or disabled.

You acknowledge that the enjoyment and excitement of activity, tours and programs are derived in part from risks incurred by participation in those activities, and that these risks may exceed those commonly accepted at work or at home.  You accept all the abovementioned risks of our activities, tours & programs, and the possibility of personal injury, loss or property damage resulting therefrom, and will hold Down Under Discoveries, its employees and agents free from any and all liability, actions, debts, claims and demands of any nature whatsoever, subject to the rights and privileges which apply under the Fair Trading Act (1984), the Competition and Consumer Act (2010), & the Civil Liability Amendment Act 2003. In entering this agreement, you are not relying on any representations made by or on behalf of Down Under Discoveries but do so only of your own free will.

FIRST AID CONSENT: In the event you suffer injury or illness, Down Under Discoveries has your consent to administer first aid and may arrange such medical treatment and emergency evacuation as it considers necessary for your safety.

Minimum Numbers / Itineraries

Experiences may require minimum passenger numbers to operate. In circumstances where minimum numbers are not reached, an alternative may be offered refund given.

Travel Insurance

Travel insurance is not included. We hold a current 10 Million Public Liability Insurance Policy, but we strongly recommend that you acquire your own insurance cover which is your responsibility.  Prior to participating in any adventure you should be aware of the risks involved.

Departure Points

If pickup is included in your experience the following applies. Please check itinerary to confirm as not all experiences include pickup/drop off.

Your pickup location is from the Visitors Centre at 221 York St, Albany.

Hotel pickups can be arranged with advance notice.

Diesel Fuel Levy

Down Under Discoveries reserves the right to charge a fuel surcharge as a result of escalation in the price of crude oil.

Cancellation Policy

Please read the following cancellation policy closely. By making your booking you are confirming that you understand and agree to these terms. We are a small business and will not tolerate negative feedback as a result of actioning our cancellation policy where needed. We strongly recommend you take out travel insurance to cover against such charges. Once a booking is made the following cancellation fees will apply:

Nature Immersion & Single Day Adventures

  • More than 7 days prior to activity; $50 admin fee applies
  • Less than 7 days prior to activity 100% of total price, you may attempt to on sell your ticket, we do try to assist where possible and can post to the event page on Facebook to do so.
  • Credit vouchers will be provided for extreme circumstance only

Charters & Transfers

  • More than 7 days prior to departure; $50 admin fee Applies
  • Less than 7 days prior to departure 100% of total price
  • Credit vouchers will be provided for extreme circumstance only

Due to the extensive organisation and meticulous planning that is involved with creating eco tours & multiday adventures, once a booking has been made a strict cancellation fee will be applicable to compensate for costs and lost revenue.

Eco Tours & Multiday Adventures

  • More than 6 weeks before departure; $50 admin fee applies
  • 4 – 6 weeks before departure; 25% of total price
  • 2 – 4 weeks before departure; 50% of total price
  • Less than 2 weeks before departure; 100% of total price
  • Credit vouchers will be provided for extreme circumstance only

She Seeks Adventure single day experiences

  • More than 7 days prior to activity; $50 admin fee applies
  • Less than 7 days prior to activity 100% of total price, you may attempt to on sell your ticket, we do try to assist where possible and can post to the event page on Facebook to do so.
  • Credit vouchers will be provided for extreme circumstance only

She Seeks Adventure multi day experiences

  • More than 6 weeks before departure; $50 admin fee applies
  • 4 – 6 weeks before departure; 25% of total price
  • 2 – 4 weeks before departure; 50% of total price
  • Less than 2 weeks before departure; 100% of total price
  • Credit vouchers will be provided for extreme circumstance only

Cancellation Fees from 3rd Party Suppliers
Down Under Discoveries often partners with 3rd party suppliers to provide tours and experiences and in some cases their cancellation policies differ to ours. If this is the case, it will be added as a separate Cancellation Policy to individual itineraries.

Cancellation by Down Under Discoveries
We may cancel a trip or event at any time before departure. We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or alternatively receive a refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking being cancelled including but not limited to visas, Travel Insurance excess or non-refundable flights.

Cancellation by customer due to government restrictions (Eg: Covid-19 Restrictions)
Where a customer cancels due to Government restrictions that are either not removed as expected, extended, or reimposed, the customer will be contacted and offered a credit note to be used at a later time, where such an offer is at the absolute discretion of the operator. The operator reserves the right to withhold some monies to cover administrative expenses and other losses, dependent on when notice of cancellation is given by the customer.

Refund Policy

Due to the time it takes to process all refunds, please allow up to 7 days for a refund to be actioned. Refund requests must be received in writing. Most refunds take anywhere between 3 – 5 business days to show up in your account. Refunds can only be processed back to the original mode of payment and in the case of credit cards, will go back on to the same credit card. Refunds can not be given in any other way then they were received.

Please note: Refund excludes booking fees, credit card fees and any cancellation fees that may apply.

Deposit and Final Payment

Full payment is required to confirm the experiences unless specified or alternative arrangements have been made. Failure to adhere to the payment policy may result in cancellation of your booking.

Amendments to Bookings

Amendment Fees
If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 7 days prior to the proposed departure date. A fee of AU$50 per person per change may apply (in addition to any charges levied by hotels, ground operators). If you notify us less than 7 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

Other Change/Amendment Fees for all Experiences
Amendments to any other arrangements made in conjunction with your trip may incur an AU$50 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 7 days of departure. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused services.

Child Policy

Child fares are available on most Experiences for passengers aged between 4 and 14 years inclusive. Infants (0-3 yrs) are free when travelling with an adult, however touring is not generally recommended due to the large distances travelled. Depending on age, children on tour may be required to be seated in booster seats or other child safety accredited seating. At all times, Down Under Discoveries reserves the right to not accept children on Experiences due to safety concerns.

Privacy Policy

The privacy of our customers and their personal information is extremely important to ‘Down Under Discoveries’ and we respect the right of our customers to access their personal information should they wish to do so.

Any information that we collect about our customers is kept strictly confidential, stored securely and only authorised personnel have access to your personal information.

The agents of ‘Down Under Discoveries’ whose systems process our customer’s personal data are bound by terms in their contract to ensure the personal information is protected at all times. ‘Down Under Discoveries’ does not and will not sell or pass customer’s personal information to 3rd parties.

We will only use your personal contact information for the following purposes:

1. To contact you by phone call, sms or email about a previous or upcoming booking which you have made.
2. To promote our services and other travel information which you may find useful. You can stop receiving our promotional emails at any time, by clicking on the unsubscribe instructions included in every email.
3. To send you updates about new blog posts if you have subscribed to receive emails via our blog.

Luggage on Tour

Due to the equipment required for Experiences, vehicles have limited luggage space remaining. We therefore ask passengers to limit baggage to a strict 10kg maximum, soft bags are preferred. We suggest you include the following essential items: non-slip walking shoes (sneakers), sun screen, hat, beach towel, bathers, flashlight, camera and small bottle of water. We recommend that items of value, including electronic items, should not be carried on tour, and liability and risk is with the owner.

Other Conditions

In accordance with Government regulations, smoking is prohibited on the bus.

Any passenger found to be heavily intoxicated will not be permitted to board the bus.

Legal Considerations

Neither Down Under Discoveries, its Tour Leaders, trainers or other persons or organisations associated with training or tuition accept any liability for any damage to any persons or property resulting from the subsequent action of participants. These terms and conditions are incapable of alteration or waiver by a servant, agent or representative of Down Under Discoveries or by any other supplier.

You give permission for Down Under Discoveries to use any digital, film or video photographs they may take of you, your family or your vehicle, in their advertising, or website.

NB. If you do not wish your images to be used, please cross out and initial this paragraph.

You give permission to Down Under Discoveries to provide your names and phone numbers to other participants on this Experience, however, Down Under Discoveries will not disclose your personal details to any other party without prior permission.

NB. If you do not wish your details to be given, please cross out and initial this paragraph.

Not with standing anything contained in this Agreement to the contrary, Down Under Discoveries shall not be liable for any loss, injury, delay, damage or other casualty suffered or incurred by you due to storms, fires, earthquakes, explosions, embargoes, Government directives, or any other law or regulation, litigation or labour dispute, act of God, war, terrorism, or any other cause which is beyond our reasonable control.

This Agreement is and shall be governed by and construed in accordance with the law of the State of Western Australia. Any legal conflict which may arise under this Agreement shall be resolved in the legal jurisdiction of Western Australia.

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