TERMS AND CONDITIONS
For guests of On The Verandah trips, tours and holidays
Last updated 7 December 2021.
The Terms and Conditions under which On The Verandah operates tours and workshops are detailed below.
You and everyone on whose behalf you make a booking (“you” or “your” or “guests”), accept and agree to be bound by the Terms and Conditions when you make a booking with us.
The terms, “trip”, “tour”, “holiday”, “event” and “workshop” are used interchangeably throughout these Terms and Conditions.
1.0 Groups
Not used.
2.0 Governing Law
These booking conditions are governed by the law in force in Western Australia.
3.0 Age and Health Requirements
3.1 Lower Age Limits
Guests must be over the age of 16 years when the trip commences.
Guests under the age of 18 years must be accompanied by a legal guardian who will be responsible for their care and supervision.
3.2 Upper Age Limits
There is no upper age limit for guests on On The Verandah trips.
You may be required to provide a medical certificate before you go (see below).
3.3 Health, Fitness and Safety
On The Verandah trips can be physically demanding. Guests must ensure that they are suitably fit to cope with the physical demands so as to allow participation and so as not to unreasonably affect the progress of the group. If a guest feels they are unable to participate in the activities on a given day, alternative arrangements may be made with adequate provision for passenger comfort and safety.
On The Verandah provides this specific advice:
· We operate in remote locations, some distance from hospitals, medical centres or other forms of professional medical facilities.
· Our itinerary includes walking activities that could require ducking under branches, walking on boulders, slippery rocks or loose and uneven surfaces as well as frequent climbing in and out of vehicles.
· The weather conditions may become very hot. Exposure to UV and glare can be high. It is the responsibility of guests to protect themselves from the sun and remain hydrated. Guests must bring their own refillable water bottles. A drinking water refill point is provided for guests.
· We sometimes spend long sessions away from toilets and creature comforts.
· You may be camping, therefore sleeping in a swag on the ground for 1 or 2 nights depending on your itinerary.
· For the duration of an outing, you need to be able to carry your back pack with your camera gear or art supplies and water bottle.
· We may travel on dusty unsealed roads.
· Not all accommodation and not all vehicles are air-conditioned.
· Days can be long with pre-dawn starts.
· Guests are responsible for packing, carrying and using a torch or headlamp when moving around the after sunset.
· Guests are responsible for wearing closed footwear during their stay.
3.4 General Mobility and Special Assistance
You are required to have a level of mobility to be able to frequently board and alight the vehicles unaided and unassisted. Due to the terrain, vehicle and venue limitations, we are unable to accommodate Guests who require the use of mobility devices, including wheelchairs or walkers. Our vehicles are not equipped with wheelchair ramps or lifters. Guests requiring physical or mental assistance must be accompanied, at their cost, by a companion who is willing and capable of providing such assistance.
3.4.1 Vaccination Policy - NEW section as of 7/12/21
In accordance with On The Verandah’s duty to provide and maintain a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our customers and visitors, our employees and the community at large from infectious diseases, such as COVID-19 or influenza, that may be reduced by vaccinations.
All eligible customers, employees and visitors are required to be or have received vaccinations by 1st May 2022, unless a reasonable accommodation is otherwise approved by any relevant authority or the business. Where a person is not in compliance with this policy, the person will not be granted entry to the premises, event or service. In such circumstances:
3.4.2 Vaccination Policy: Booking Term - NEW section as of 7/12/21
The business will not accept a booking for any eligible person that is not fully vaccinated for COVID-19 or does not commit to such requirement and who does not agree to testing (if testing is required on entry). Where a person makes a booking and is then unable to meet the requirement, the customer shall be barred from the premises, event or service and the company’s cancellation policy shall apply.
3.5.0 Medical Certificates
If you would like to book a place on an On The Verandah trip but have been under the care of a physician in the last two years for a medical condition listed below, please call On The Verandah on 0428 254 529 to discuss whether a medical certificate is necessary. If you proceed with the booking without disclosing that medical condition, we reserve the right to cancel your participation.
3.5.1 Privacy and Your Health Status
During the booking process we may receive information from you regarding your health status and request a medical certificate. While we respect your privacy, in the event you are to provide a medical certificate, we ask that your physician provides only the information that may be required by other medical staff in the event you require emergency care during the trip. We will store this information only for what we consider to be a reasonable length of time after your tour with us. In the event of a medical or legal claim, we may be required to work with third parties or insurance companies and may be required to share your information. If there is an accident we may need to obtain from you data or information about your health conditions including relating to any injury you may incur and work with insurance and claims management companies as necessary. Our Privacy Policy is set out in full below.
4.0 Travel Insurance
Travel Insurance is not included in your On The Verandah trip price. It is your responsibility to ensure you and your belongings are covered adequately by Travel Insurance. You are required to hold Travel Insurance that includes, but is not limited to, coverage for the cancellation of your holiday, loss of deposits, loss of luggage and personal effects. Guests’ luggage and personal effects are entirely at the guests’ risk during the tour. We recommend that you take out Travel Insurance at the time of booking. You agree to supply your Travel Insurance policy details to On The Verandah if requested.
5.0 Acceptance of Risk
Guests acknowledge that the tour is a recreational activity, and may involve dangerous recreational activities, and accept that participation involves a degree of physical risk of injury or death and damage or loss to belongings. You will be visiting places where the geographical and climatic attributes present dangers and physical challenges greater than those present in our daily lives. Activities containing risks include but are not limited to, bush walking, swimming, and travelling in remote undeveloped locations. You acknowledge that your decision to participate is made in light of consideration of this information and the nature of the itinerary.
6.0 Limitation of Liability
To the fullest extent permitted by law: any liability of On The Verandah accepts no responsibility or liability for any loss, death, injury, damage or inconvenience which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip. We are not liable for any losses, liability or expenses that are for, related to or as a result of any consequential loss, economic or otherwise, loss of enjoyment, valuables or other loss or caused either directly or indirectly as a result of Force Majeure or other events. You release us and our officers from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and any condition or warranty which would otherwise be implied by law into these Terms and Conditions (Implied Warranty), is excluded. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): Either (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. We contract with a network of companies, businesses and individuals to assist in the running of our trips as agent for these third parties. On The Verandah will not be liable for any loss, damage, omission or act of negligence or otherwise committed by third party providers, their assignees or agents.
7.0 Guest Participation and Enjoyment
Smoking is not permitted in tour vehicles. Seat allocations operate with a daily seat rotation system to ensure guests enjoy different seating positions whilst on tour. Guests accept that it is their responsibility to ensure that their health is in a state which will allow them to enjoy the tour and successfully complete the activities that the tour offers. On The Verandah accepts no liability for any loss of enjoyment experienced by guests.
8.0 Authority on Tour
Our group trips are operated by guides. A guide’s decision is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide, or interfere with the well-being or mobility of the group, the guide may elect to terminate your trip immediately, with no right of refund. You must at all times comply with all laws, customs, foreign exchange and drug regulations of all countries visited.
9.0 Your Responsibility
The guest making the booking is responsible for their own and their party’s actions. If On The Verandah deems you or your party’s actions to cause danger to other guests or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, On The Verandah reserves the right to remove you from the tour effectively immediately. No refund will be provided for unused arrangements in these circumstances.
10.0 Special Requests
You must let us know at the time of making your booking if you have special requests or needs (access, dietary requirements or other). We will try to meet your requests however we cannot guarantee that we will be able to accommodate every person’s needs and we take no responsibility for those which we are unable to fulfill. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your tour at your cost.
11.0 Booking Conditions
11.1 Our Contract
All bookings are made with On The Verandah (ABN 77 685 780 383). By booking a trip, paying a deposit and completing the registration form, with all information provided you are deemed to have agreed to these Terms and Conditions and your booking will be accepted by us on this basis. Your booking will become legally binding on our confirmation of booking (see below).
11.2 Prices and Discounts
Prices are inclusive of GST. Single supplements are applicable for single travellers requesting single accommodation. Forced singles are also required to pay the single supplement. On The Verandah reserves the right to alter prices and make discounted offers in order to fill tours. No concession rates are offered for children, Seniors Card or Student Cards.
11.3 Confirmation of Booking
When you request by phone or email that you would like a place reserved for you on a trip, we will forward a registration form to you and hold your place (and chosen accommodation) for 10 days. For your booking to be confirmed by us, we must receive within the 10 day period, for each person in your party/booking, i) an AUD$500.00 deposit and ii) a signed and completed registration form. If your booking is made less than 90 days from the departure date then the full trip tariff is to be paid at the time of booking. (Regarding final payment on 2022 bookings, please refer to COVID amendment at 11.4.1.)
11.4 Payments and Final Payments
Payments can be made by instalments after the initial deposit is paid, provided that the final payment is paid no less than 90 days before the departure date. If the final payment is not paid on or before the due date we reserve the right to treat your booking as cancelled. For bookings made within 90 days of the tour departure the full tour payment must be received within 10 days of the date you are notified that a place has been reserved for you. (Regarding final payments on 2022 trips, please refer below, to COVID amendment at 11.4.1.)
11.4.1 COVID amendment to Payments and Final Payments
Regarding final payments for 2022 tours and workshops - we’ve decided that we won’t require final payments from you until eight weeks prior to the start (Day 1) of your trip.
11.5 Booking Amendments
If you wish to change tours to another of our tours you must inform On The Verandah as soon as possible. Changes are subject to availability on other tours. If there is no availability, and you do not wish to obtain a credit for future use, the cancellation policy at clause 12.0 applies.
12.0 Cancellation Policy
If you need to cancel for any reason, including your being denied entry to the state due to your failure to meet government vaccination or testing requirements, you must notify us as soon as possible by phoning 0428254529 and/or by email to racheldillon@bigpond.com. The following penalties apply to refunds for bookings cancelled by the guest within the following time periods.
91 days or more from departure date - No penalty.
Between 61 days and 90 days from departure date - $500 cancellation fee.
Between 31 days and 60 days from departure date - 50% of booking cost forfeited.
Between 0 and 30 days from departure date - 100% of booking cost forfeited.
Failure to join tour or leaving once booked event has commenced - 100% of booking cost forfeited.
12.0.1 Cancellation Policy relating to state and federal travel restrictions - NEW section as of 7/12/21
If you have met all state and federal government vaccine and testing requirements but a sudden change in travel restrictions makes it impossible for you to travel to the Kimberley region of WA to join your On The Verandah tour, we will refund your payment in full except for one $70.00 admin fee per guest. Please allow 14 days for On The Verandah to make the refund.
12.0.2 State and Federal Government Travel Requirements - NEW section as of 7/12/21
The customer shall comply with all Government (Federal and State) COVID-19 vaccination or testing requirements for entry into Western Australia or to access the operator’s premises, event or service. Where the customer does not meet a vaccination or testing requirement prior to departure from the customer’s home location, the customer will forfeit any and all monies paid. Where the customer cancels due to travel restrictions other than vaccination or testing requirements, the customer will be contacted and offered a refund or 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 administration expenses and other losses, dependent on when notice of cancellation is given by the customer.
12.1 Cancellation by On The Verandah:
A minimum number of bookings is required in order for a tour to be financially viable for On The Verandah and to have a good group atmosphere. In the event that adequate numbers are not achieved, On The Verandah may, in its absolute discretion, cancel a scheduled departure and offer:
(i) the nearest possible alternative date;
(ii) an alternative itinerary; or
(iii) a refund of monies.
If On The Verandah cancels a tour it will use reasonable endeavors to notify all guests as soon as reasonably practicable. All booked guests will be notified and if guests request monies be returned, they will be returned within 7 business days. On The Verandah is not responsible for any incidental or additional expenses you may have incurred as a result of your booking such as hotel reservations, visas, vaccinations or flights. For this reason we require guests to take out travel insurance with cancellation cover and to ensure that you are insured for all costs incurred by such a cancellation.
13.0 Itineraries
On The Verandah may need to alter or amend the itinerary, accommodation or other arrangements from those published, with little or no notice. Changes may be necessary due to safety, illness, emergency, road conditions, weather, tides, strikes or other reasons and will be made in the best interests of guest’s comfort and safety. Where possible On The Verandah will endeavor to make suitable alternative arrangements. All arrival and departure times are an estimate only and any additional expense incurred by the passenger due to delay is not the responsibility of On The Verandah. On The Verandah will not be liable for failure to make connections with any other services arranged by guests.
13.1 Changes to tutors and guides
In the event that the advertised tutor or guide is unable to participate due to illness, injury or unforeseen circumstances, On The Verandah will use reasonable endeavors to replace the tutor or guide with a person of similar experience and ability or vary the itinerary to provide a satisfactory alternative.
14.0 Free Day Activities
Activities not included in the trip price and undertaken by you on any ‘free day’ in the itinerary do not form part of the trip. You accept that any assistance given by the On The Verandah guides or local representative in arranging optional activities with you or on your behalf does not render On The Verandah liable for the conduct of the activity.
15.0 Guests driving their own vehicles or driving vehicles they have hired.
Guests driving to the station or during the tour in their own vehicle, or a vehicle they have hired or borrowed, do so at their own risk.
16.0 Errors and Omissions
While On The Verandah uses reasonable endeavors to verify the accuracy of statements made in its trip documentation including emails, brochure, website and itineraries, it will not be held responsible or liable for any error, omission or unintentional misrepresentation that may occur.
17.0 Claims and Complaints
If you have a complaint about your trip you must inform your guide at the time or as soon as reasonably practicable in order that the guide can attempt to rectify the matter. If satisfaction is not reached through these means then the complaint must be put in writing to On The Verandah within 14 days of the completion of the tour.
18. Photos and Marketing
Unless you inform us otherwise before or during the trip, you are deemed to agree to us using images of you taken during the trip for advertising and promotional purposes.
19. Force Majeure
We will not pay you compensation where we are forced to make a change or cancellation as a result of a Force Majeure event or if we are required to change or terminate the arrangements once the tour has commenced as a result of a Force Majeure event. In the event a Force Majeure event makes it impossible or unsafe for On The Verandah to deliver part or all of the itinerary, On The Verandah will refund the customer for the unperformed part of the itinerary less any reasonable costs incurred before cancellation. Costs may amount to a substantial proportion of the booking price. On The Verandah will use reasonable endeavors to minimise losses incurred by customers. Customers must look to travel insurance to protect themselves against loss in the circumstances.
20.0 Privacy Policy
We respect your privacy and are committed to protecting any personal information we hold about you.
20.1 Collection of Data
When you request services from us, access our website, or otherwise interact with us, for example on our social media pages (such as Facebook or Instagram or the apps on those pages) you consent to our collection, retention and use of your personal data in the manner described below and accept any risks. The privacy policy covers the personal data we collect about you in connection with our tourism business which identifies you as an individual.
20.2 What we Collect
When you send an inquiry via our website Contact Form, attend one of our events, make a telephone enquiry, send an email or join our email list, On The Verandah collects and keeps data that could include all or some of the following: your name, phone number, address, email address, state, country, your travel interests, next of kin, allergies, food intolerances, flight and /or hotel information, and how you heard about us. We collect the data to process your reservation requests and to ensure we can contact you and serve your needs. Occasionally we may record information that you have provided about your health status if we feel it could be relevant to the tour.
20.3 Our Website
Certain technologies are used on our website and on mobile devices to collect data about your visit for the purpose of re-advertising to you when you are on Facebook and other linked platforms like Instagram. On The Verandah does not collect any of your personal information via this pixel as it is operated by Facebook. If you are a Facebook user you will have agreed to their Terms and Conditions and the collection of your personal information. However, it is possible to “opt out’ in the preferences settings of your computer or device. From time to time our website may use Google Analytics, which uses cookies and other, similar technologies (e.g. Pixel Tags) to collect information about website use anonymously and reports trends, without identifying individual visitors. To learn more about Google Analytics, including how to opt out of it, visit https://tools.google.com/dlpage/gaoptout.
20.4 Cookies
A Cookie is a set of data sent to your computer or mobile device by a web server that enables the server to recognize your computer or mobile device. Cookies do useful things like autofill our name and address into online order forms on sites we visit regularly. Please note that our cookies are unable to retrieve other data from your computer’s hard drive or pass on computer viruses. If you feel uneasy about cookies, you can restrict them by adjusting your browser settings or installing certain software.
20.5 Retention
We try to ensure that the personal data we retain about you is stored securely and, in light of the information provided to us, is as accurate, current, complete and relevant as necessary for the purposes for which we use and disclose it. If you have additional questions or want to contact us for a specific purpose, please call 0428 254 529 or send an email via the contact page of our website.
Defined terms in this document.
“Force Majeure” means the occurrence of an event that is beyond On The Verandah’s reasonable control and which could not have been reasonably prevented by On The Verandah including, but not limited to: unavoidable technical problems with transport, changes imposed by commercial flight disruptions, war or threat of war, terrorism, civil strife, industrial disputes, natural disaster (fires, floods, earthquakes and volcanic eruptions), bad weather, epidemic, terrorist activity, explosion, nuclear or industrial accident, or the threat of any such event, significant building or construction work affecting your accommodation and unknown to us before your arrival, and a warning on the smarttraveller.gov.au website of “Reconsider your travel” or “Do not travel” for the destination.
“Tour”, “trip”, “workshop” and “holiday” means except where stated, the accommodation, transport and/or all other holiday-related products and services that we are providing you with under this booking that are booked before your departure. End of document.
For guests of On The Verandah trips, tours and holidays
Last updated 7 December 2021.
The Terms and Conditions under which On The Verandah operates tours and workshops are detailed below.
You and everyone on whose behalf you make a booking (“you” or “your” or “guests”), accept and agree to be bound by the Terms and Conditions when you make a booking with us.
The terms, “trip”, “tour”, “holiday”, “event” and “workshop” are used interchangeably throughout these Terms and Conditions.
1.0 Groups
Not used.
2.0 Governing Law
These booking conditions are governed by the law in force in Western Australia.
3.0 Age and Health Requirements
3.1 Lower Age Limits
Guests must be over the age of 16 years when the trip commences.
Guests under the age of 18 years must be accompanied by a legal guardian who will be responsible for their care and supervision.
3.2 Upper Age Limits
There is no upper age limit for guests on On The Verandah trips.
You may be required to provide a medical certificate before you go (see below).
3.3 Health, Fitness and Safety
On The Verandah trips can be physically demanding. Guests must ensure that they are suitably fit to cope with the physical demands so as to allow participation and so as not to unreasonably affect the progress of the group. If a guest feels they are unable to participate in the activities on a given day, alternative arrangements may be made with adequate provision for passenger comfort and safety.
On The Verandah provides this specific advice:
· We operate in remote locations, some distance from hospitals, medical centres or other forms of professional medical facilities.
· Our itinerary includes walking activities that could require ducking under branches, walking on boulders, slippery rocks or loose and uneven surfaces as well as frequent climbing in and out of vehicles.
· The weather conditions may become very hot. Exposure to UV and glare can be high. It is the responsibility of guests to protect themselves from the sun and remain hydrated. Guests must bring their own refillable water bottles. A drinking water refill point is provided for guests.
· We sometimes spend long sessions away from toilets and creature comforts.
· You may be camping, therefore sleeping in a swag on the ground for 1 or 2 nights depending on your itinerary.
· For the duration of an outing, you need to be able to carry your back pack with your camera gear or art supplies and water bottle.
· We may travel on dusty unsealed roads.
· Not all accommodation and not all vehicles are air-conditioned.
· Days can be long with pre-dawn starts.
· Guests are responsible for packing, carrying and using a torch or headlamp when moving around the after sunset.
· Guests are responsible for wearing closed footwear during their stay.
3.4 General Mobility and Special Assistance
You are required to have a level of mobility to be able to frequently board and alight the vehicles unaided and unassisted. Due to the terrain, vehicle and venue limitations, we are unable to accommodate Guests who require the use of mobility devices, including wheelchairs or walkers. Our vehicles are not equipped with wheelchair ramps or lifters. Guests requiring physical or mental assistance must be accompanied, at their cost, by a companion who is willing and capable of providing such assistance.
3.4.1 Vaccination Policy - NEW section as of 7/12/21
In accordance with On The Verandah’s duty to provide and maintain a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our customers and visitors, our employees and the community at large from infectious diseases, such as COVID-19 or influenza, that may be reduced by vaccinations.
All eligible customers, employees and visitors are required to be or have received vaccinations by 1st May 2022, unless a reasonable accommodation is otherwise approved by any relevant authority or the business. Where a person is not in compliance with this policy, the person will not be granted entry to the premises, event or service. In such circumstances:
- for customers, the company’s refund and or credit policy may apply.
- for employees, they will be placed on unpaid leave until their status is determined.
3.4.2 Vaccination Policy: Booking Term - NEW section as of 7/12/21
The business will not accept a booking for any eligible person that is not fully vaccinated for COVID-19 or does not commit to such requirement and who does not agree to testing (if testing is required on entry). Where a person makes a booking and is then unable to meet the requirement, the customer shall be barred from the premises, event or service and the company’s cancellation policy shall apply.
3.5.0 Medical Certificates
If you would like to book a place on an On The Verandah trip but have been under the care of a physician in the last two years for a medical condition listed below, please call On The Verandah on 0428 254 529 to discuss whether a medical certificate is necessary. If you proceed with the booking without disclosing that medical condition, we reserve the right to cancel your participation.
- Neurological – stroke, motor neuron diseases, multiple sclerosis, Parkinson’s disease, polio, disorders of balance, seizures (epilepsy), dementia, memory disorders, intellectual impairment
- Musculoskeletal – joint replacements, muscle disorder (e.g. muscular dystrophy)
- Eyes – glaucoma
- Ambulation – use of a cane, walker
- Sensory – blindness, deafness, disorders of sensation (e.g. peripheral neuropathy)
- Physical – amputee, post trauma physical disabilities, post surgery physical disabilities
- Heart – bypass surgery, angioplasty, stent, high blood pressure, rhythm problems, pacemaker, heart failure
- Cancer
- Lung – emphysema (COPD), asthma, ever been on a ventilator
- Mental Health disorders – depression, bipolar disease, mania, schizophrenia, psychosis
- Endocrine – diabetes
- Blood thinner – anticoagulants (coumadin)
3.5.1 Privacy and Your Health Status
During the booking process we may receive information from you regarding your health status and request a medical certificate. While we respect your privacy, in the event you are to provide a medical certificate, we ask that your physician provides only the information that may be required by other medical staff in the event you require emergency care during the trip. We will store this information only for what we consider to be a reasonable length of time after your tour with us. In the event of a medical or legal claim, we may be required to work with third parties or insurance companies and may be required to share your information. If there is an accident we may need to obtain from you data or information about your health conditions including relating to any injury you may incur and work with insurance and claims management companies as necessary. Our Privacy Policy is set out in full below.
4.0 Travel Insurance
Travel Insurance is not included in your On The Verandah trip price. It is your responsibility to ensure you and your belongings are covered adequately by Travel Insurance. You are required to hold Travel Insurance that includes, but is not limited to, coverage for the cancellation of your holiday, loss of deposits, loss of luggage and personal effects. Guests’ luggage and personal effects are entirely at the guests’ risk during the tour. We recommend that you take out Travel Insurance at the time of booking. You agree to supply your Travel Insurance policy details to On The Verandah if requested.
5.0 Acceptance of Risk
Guests acknowledge that the tour is a recreational activity, and may involve dangerous recreational activities, and accept that participation involves a degree of physical risk of injury or death and damage or loss to belongings. You will be visiting places where the geographical and climatic attributes present dangers and physical challenges greater than those present in our daily lives. Activities containing risks include but are not limited to, bush walking, swimming, and travelling in remote undeveloped locations. You acknowledge that your decision to participate is made in light of consideration of this information and the nature of the itinerary.
6.0 Limitation of Liability
To the fullest extent permitted by law: any liability of On The Verandah accepts no responsibility or liability for any loss, death, injury, damage or inconvenience which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip. We are not liable for any losses, liability or expenses that are for, related to or as a result of any consequential loss, economic or otherwise, loss of enjoyment, valuables or other loss or caused either directly or indirectly as a result of Force Majeure or other events. You release us and our officers from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and any condition or warranty which would otherwise be implied by law into these Terms and Conditions (Implied Warranty), is excluded. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): Either (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. We contract with a network of companies, businesses and individuals to assist in the running of our trips as agent for these third parties. On The Verandah will not be liable for any loss, damage, omission or act of negligence or otherwise committed by third party providers, their assignees or agents.
7.0 Guest Participation and Enjoyment
Smoking is not permitted in tour vehicles. Seat allocations operate with a daily seat rotation system to ensure guests enjoy different seating positions whilst on tour. Guests accept that it is their responsibility to ensure that their health is in a state which will allow them to enjoy the tour and successfully complete the activities that the tour offers. On The Verandah accepts no liability for any loss of enjoyment experienced by guests.
8.0 Authority on Tour
Our group trips are operated by guides. A guide’s decision is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide, or interfere with the well-being or mobility of the group, the guide may elect to terminate your trip immediately, with no right of refund. You must at all times comply with all laws, customs, foreign exchange and drug regulations of all countries visited.
9.0 Your Responsibility
The guest making the booking is responsible for their own and their party’s actions. If On The Verandah deems you or your party’s actions to cause danger to other guests or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, On The Verandah reserves the right to remove you from the tour effectively immediately. No refund will be provided for unused arrangements in these circumstances.
10.0 Special Requests
You must let us know at the time of making your booking if you have special requests or needs (access, dietary requirements or other). We will try to meet your requests however we cannot guarantee that we will be able to accommodate every person’s needs and we take no responsibility for those which we are unable to fulfill. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your tour at your cost.
11.0 Booking Conditions
11.1 Our Contract
All bookings are made with On The Verandah (ABN 77 685 780 383). By booking a trip, paying a deposit and completing the registration form, with all information provided you are deemed to have agreed to these Terms and Conditions and your booking will be accepted by us on this basis. Your booking will become legally binding on our confirmation of booking (see below).
11.2 Prices and Discounts
Prices are inclusive of GST. Single supplements are applicable for single travellers requesting single accommodation. Forced singles are also required to pay the single supplement. On The Verandah reserves the right to alter prices and make discounted offers in order to fill tours. No concession rates are offered for children, Seniors Card or Student Cards.
11.3 Confirmation of Booking
When you request by phone or email that you would like a place reserved for you on a trip, we will forward a registration form to you and hold your place (and chosen accommodation) for 10 days. For your booking to be confirmed by us, we must receive within the 10 day period, for each person in your party/booking, i) an AUD$500.00 deposit and ii) a signed and completed registration form. If your booking is made less than 90 days from the departure date then the full trip tariff is to be paid at the time of booking. (Regarding final payment on 2022 bookings, please refer to COVID amendment at 11.4.1.)
11.4 Payments and Final Payments
Payments can be made by instalments after the initial deposit is paid, provided that the final payment is paid no less than 90 days before the departure date. If the final payment is not paid on or before the due date we reserve the right to treat your booking as cancelled. For bookings made within 90 days of the tour departure the full tour payment must be received within 10 days of the date you are notified that a place has been reserved for you. (Regarding final payments on 2022 trips, please refer below, to COVID amendment at 11.4.1.)
11.4.1 COVID amendment to Payments and Final Payments
Regarding final payments for 2022 tours and workshops - we’ve decided that we won’t require final payments from you until eight weeks prior to the start (Day 1) of your trip.
11.5 Booking Amendments
If you wish to change tours to another of our tours you must inform On The Verandah as soon as possible. Changes are subject to availability on other tours. If there is no availability, and you do not wish to obtain a credit for future use, the cancellation policy at clause 12.0 applies.
12.0 Cancellation Policy
If you need to cancel for any reason, including your being denied entry to the state due to your failure to meet government vaccination or testing requirements, you must notify us as soon as possible by phoning 0428254529 and/or by email to racheldillon@bigpond.com. The following penalties apply to refunds for bookings cancelled by the guest within the following time periods.
91 days or more from departure date - No penalty.
Between 61 days and 90 days from departure date - $500 cancellation fee.
Between 31 days and 60 days from departure date - 50% of booking cost forfeited.
Between 0 and 30 days from departure date - 100% of booking cost forfeited.
Failure to join tour or leaving once booked event has commenced - 100% of booking cost forfeited.
12.0.1 Cancellation Policy relating to state and federal travel restrictions - NEW section as of 7/12/21
If you have met all state and federal government vaccine and testing requirements but a sudden change in travel restrictions makes it impossible for you to travel to the Kimberley region of WA to join your On The Verandah tour, we will refund your payment in full except for one $70.00 admin fee per guest. Please allow 14 days for On The Verandah to make the refund.
12.0.2 State and Federal Government Travel Requirements - NEW section as of 7/12/21
The customer shall comply with all Government (Federal and State) COVID-19 vaccination or testing requirements for entry into Western Australia or to access the operator’s premises, event or service. Where the customer does not meet a vaccination or testing requirement prior to departure from the customer’s home location, the customer will forfeit any and all monies paid. Where the customer cancels due to travel restrictions other than vaccination or testing requirements, the customer will be contacted and offered a refund or 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 administration expenses and other losses, dependent on when notice of cancellation is given by the customer.
12.1 Cancellation by On The Verandah:
A minimum number of bookings is required in order for a tour to be financially viable for On The Verandah and to have a good group atmosphere. In the event that adequate numbers are not achieved, On The Verandah may, in its absolute discretion, cancel a scheduled departure and offer:
(i) the nearest possible alternative date;
(ii) an alternative itinerary; or
(iii) a refund of monies.
If On The Verandah cancels a tour it will use reasonable endeavors to notify all guests as soon as reasonably practicable. All booked guests will be notified and if guests request monies be returned, they will be returned within 7 business days. On The Verandah is not responsible for any incidental or additional expenses you may have incurred as a result of your booking such as hotel reservations, visas, vaccinations or flights. For this reason we require guests to take out travel insurance with cancellation cover and to ensure that you are insured for all costs incurred by such a cancellation.
13.0 Itineraries
On The Verandah may need to alter or amend the itinerary, accommodation or other arrangements from those published, with little or no notice. Changes may be necessary due to safety, illness, emergency, road conditions, weather, tides, strikes or other reasons and will be made in the best interests of guest’s comfort and safety. Where possible On The Verandah will endeavor to make suitable alternative arrangements. All arrival and departure times are an estimate only and any additional expense incurred by the passenger due to delay is not the responsibility of On The Verandah. On The Verandah will not be liable for failure to make connections with any other services arranged by guests.
13.1 Changes to tutors and guides
In the event that the advertised tutor or guide is unable to participate due to illness, injury or unforeseen circumstances, On The Verandah will use reasonable endeavors to replace the tutor or guide with a person of similar experience and ability or vary the itinerary to provide a satisfactory alternative.
14.0 Free Day Activities
Activities not included in the trip price and undertaken by you on any ‘free day’ in the itinerary do not form part of the trip. You accept that any assistance given by the On The Verandah guides or local representative in arranging optional activities with you or on your behalf does not render On The Verandah liable for the conduct of the activity.
15.0 Guests driving their own vehicles or driving vehicles they have hired.
Guests driving to the station or during the tour in their own vehicle, or a vehicle they have hired or borrowed, do so at their own risk.
16.0 Errors and Omissions
While On The Verandah uses reasonable endeavors to verify the accuracy of statements made in its trip documentation including emails, brochure, website and itineraries, it will not be held responsible or liable for any error, omission or unintentional misrepresentation that may occur.
17.0 Claims and Complaints
If you have a complaint about your trip you must inform your guide at the time or as soon as reasonably practicable in order that the guide can attempt to rectify the matter. If satisfaction is not reached through these means then the complaint must be put in writing to On The Verandah within 14 days of the completion of the tour.
18. Photos and Marketing
Unless you inform us otherwise before or during the trip, you are deemed to agree to us using images of you taken during the trip for advertising and promotional purposes.
19. Force Majeure
We will not pay you compensation where we are forced to make a change or cancellation as a result of a Force Majeure event or if we are required to change or terminate the arrangements once the tour has commenced as a result of a Force Majeure event. In the event a Force Majeure event makes it impossible or unsafe for On The Verandah to deliver part or all of the itinerary, On The Verandah will refund the customer for the unperformed part of the itinerary less any reasonable costs incurred before cancellation. Costs may amount to a substantial proportion of the booking price. On The Verandah will use reasonable endeavors to minimise losses incurred by customers. Customers must look to travel insurance to protect themselves against loss in the circumstances.
20.0 Privacy Policy
We respect your privacy and are committed to protecting any personal information we hold about you.
20.1 Collection of Data
When you request services from us, access our website, or otherwise interact with us, for example on our social media pages (such as Facebook or Instagram or the apps on those pages) you consent to our collection, retention and use of your personal data in the manner described below and accept any risks. The privacy policy covers the personal data we collect about you in connection with our tourism business which identifies you as an individual.
20.2 What we Collect
When you send an inquiry via our website Contact Form, attend one of our events, make a telephone enquiry, send an email or join our email list, On The Verandah collects and keeps data that could include all or some of the following: your name, phone number, address, email address, state, country, your travel interests, next of kin, allergies, food intolerances, flight and /or hotel information, and how you heard about us. We collect the data to process your reservation requests and to ensure we can contact you and serve your needs. Occasionally we may record information that you have provided about your health status if we feel it could be relevant to the tour.
20.3 Our Website
Certain technologies are used on our website and on mobile devices to collect data about your visit for the purpose of re-advertising to you when you are on Facebook and other linked platforms like Instagram. On The Verandah does not collect any of your personal information via this pixel as it is operated by Facebook. If you are a Facebook user you will have agreed to their Terms and Conditions and the collection of your personal information. However, it is possible to “opt out’ in the preferences settings of your computer or device. From time to time our website may use Google Analytics, which uses cookies and other, similar technologies (e.g. Pixel Tags) to collect information about website use anonymously and reports trends, without identifying individual visitors. To learn more about Google Analytics, including how to opt out of it, visit https://tools.google.com/dlpage/gaoptout.
20.4 Cookies
A Cookie is a set of data sent to your computer or mobile device by a web server that enables the server to recognize your computer or mobile device. Cookies do useful things like autofill our name and address into online order forms on sites we visit regularly. Please note that our cookies are unable to retrieve other data from your computer’s hard drive or pass on computer viruses. If you feel uneasy about cookies, you can restrict them by adjusting your browser settings or installing certain software.
20.5 Retention
We try to ensure that the personal data we retain about you is stored securely and, in light of the information provided to us, is as accurate, current, complete and relevant as necessary for the purposes for which we use and disclose it. If you have additional questions or want to contact us for a specific purpose, please call 0428 254 529 or send an email via the contact page of our website.
Defined terms in this document.
“Force Majeure” means the occurrence of an event that is beyond On The Verandah’s reasonable control and which could not have been reasonably prevented by On The Verandah including, but not limited to: unavoidable technical problems with transport, changes imposed by commercial flight disruptions, war or threat of war, terrorism, civil strife, industrial disputes, natural disaster (fires, floods, earthquakes and volcanic eruptions), bad weather, epidemic, terrorist activity, explosion, nuclear or industrial accident, or the threat of any such event, significant building or construction work affecting your accommodation and unknown to us before your arrival, and a warning on the smarttraveller.gov.au website of “Reconsider your travel” or “Do not travel” for the destination.
“Tour”, “trip”, “workshop” and “holiday” means except where stated, the accommodation, transport and/or all other holiday-related products and services that we are providing you with under this booking that are booked before your departure. End of document.
