Terms and Conditions for Mandingalbay Ancient Indigenous Tours
GENERAL TERMS AND CONDITIONS for Mandingalbay Ancient Indigenous Tours (MAIT)
Valid from 1 April 2021 to 31 March 2022
1. These terms and conditions apply to all tours, transfers, and accommodation in MAIT brochures, advertisements and websites. By making a booking for a tour, transfer or for accommodation, participants warrant that they have read these terms and conditions and agree to be bound by them and all other terms and conditions referred to in the brochures, advertisements and websites and these terms and conditions or as notified to them from time to time. If the booking is made through a third party, the terms and conditions of that third party also apply. Participants acknowledge that these booking terms and conditions prevail and take precedence to the extent of any inconsistency between them and any other communication (written or oral) between MAIT and the participant.
2. MAIT, its employees, tour operators and agents for the relevant transportation carrier, hotel,
ground operator, and any other supplier of services connected with tours (other providers) shall not be liable for, and the participant releases each of them from, any claim arising from:-
(a) any damage to, or loss of, property or injury or death of persons occasioned directly or indirectly by an act or omission of any other provider howsoever caused, including but not limited to, any damage, loss, injury or death caused or contributed to by any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider;
(b) any loss or damage due to delay, cancellation or disruption howsoever caused, including but not limited to loss or damage caused by laws, regulations, acts or failures to act, demands, orders, interpositions of any government or agent thereof, acts of God, strikes, fire, flood, inclement weather, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause in the nature of a force majeure;
(c) any cancellation penalty of a transportation carrier or a tour operator incurred by the purchase of a non- refundable ticket; or
(d) any loss of, damage to, or delay in receiving any participant’s baggage or personal effects during a journey, such items at all times being the sole responsibility of the participant, whether or not such loss and damage was caused or contributed to by the negligence of Djunbunji Ltd or any other provider.
e) Travel insurance and trip cancellation insurance is strongly recommended and advised. (f) Tours, transfers and accommodation are subject to availability.
(g) Camping, Glamping and accommodation photographs and illustrations are representative only and actual accommodation occupied may vary in furnishings and inclusions. Photographs and illustrations of places in geographic areas do not necessarily reflect your location or services to be provided.
(h) Any information or advice given by MAIT (including fact sheets) regarding climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Participant, and
MAIT is not responsible for any errors or omissions as to the information provided.
(i) The terms and conditions are governed by the laws of Queensland and the participants agree that the Courts of Queensland shall have exclusive jurisdiction to hear any matter arising in relation to these terms and conditions.
(j) If a Court finds that any part of these terms and conditions is invalid, that invalid part shall be severed from the remaining terms and conditions so as to preserve the validity of the remaining terms and conditions.
(k) If the booking is for accommodation, the specific terms and conditions in Part A apply. If the booking is for a tour or transfer, the specific terms and conditions in Part B apply.
(l) MAIT are committed to protecting the privacy and confidentiality of personal information.
FORCE MAJEURE EVENT
1. Subject to clause 3 above, if there is a force majeure event which affects the participant’s booked accommodation, dining, tour or transfer at a MAIT destination, then MAIT will notify the participant of its projected consequence and an estimate of the length of time over which it will prevail and may at its option offer the participant either:
(a) alternative accommodation at other MAIT or non- MAIT accommodation which is as good as or superior to that which has been booked; or
(b) alternative tour, dining or transfer option with other MAIT or non-MAIT operations; or
(c) refund or credit with MAIT which may be used at the same MAIT outlet within a 12 month period from the date of issue.
MAIT may, at its option, cancel any booking in relation to which a final payment has not been made within the specified time. If so, the cancellation fees specified below will be payable by the participant as if the participant had cancelled the booking.
All cancellation notices must be sent to MAIT in writing and will become effective as at the date of receipt by MAIT.
For Tours & Transfers cancellation fees are as follows:
• 24 hours or more prior to booked tour or transfer date: Nil
• Within 24 hours prior to booked tour or transfer date: cancellation of any tours or transfers held inside 24 hours of tour or transfer booking date incurs a cancellation fee of full rate per confirmed tour or transfer, per person.
Cancellation fees are payable within 14 days of the cancellation. If a deposit has been paid or credit card details have been supplied to guarantee the booking, the cancellation fee will be deducted from the deposit and the balance of the deposit will be returned to the participant or cancellation fees will be charged to the credit card supplied.
No refund will be made in circumstances where a participant leaves a tour or transfer. If MAIT or its designated tour operator cancels a tour or transfer prior to departure, the participant will receive a full refund of monies paid to MAIT or its designated tour operators (as applicable). MAIT and their designated tour operators and tour administrators shall not be responsible for a participant’s failure to recover the cost of any non-refundable airline tickets or for any airline tickets purchased by the participant directly from an airline or travel agent. Participants must satisfy themselves as to the terms and conditions applicable to their airline tickets.