Terms and conditions
On The Verandah Terms and Conditions and Waiver
Updated 03.10.25
ACTIVITIES – Kimberley, Tasmania and Albany
1 General
1.1 These Terms and Conditions (“T&C’s”) apply to the Booking made by the Customer
with the Provider.
1.2 By making a Booking (directly or through a third party), the Customer agrees to these
T&C’s for themselves and for all persons included in the Booking and each such
person shall be jointly and severally bound by these T&C’s.
1.3 By making a Booking the Customer has read and understood the disclosure of risks
set out in these T&C’s, and voluntarily accepts those risks and agrees to be bound by
these T&C’s.
2 Definitions
“Activity” means any tour, trip, workshop, class, event or attraction and any incidental activities thereto.
“Authority” means:
(a) a government or government department or other body;
(b) a governmental, semi-governmental or judicial person, including a statutory
corporation; or
(c) a person (whether autonomous or not) who is charged with the administration of a
law.
“Booking” means booking the Activity.
“Cancellation Fee” means:
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any
nature and whether present or future, actual or contingent, fixed or unascertained and arising at law,
in equity, under statute or otherwise.
“Cost” means the total amount payable to the Provider by the Customer for the Activity.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons included
in the Booking.
“Deposit” means a non-transferrable payment [equivalent to 20% of the Cost] payable to the Provider
at the time of Booking or such other amount as stipulated by the Provider from time to time.
"Force Majeure Event" means any occurrence or non–occurrence as a direct or indirect result of
which a party is prevented from or delayed in performing any of its obligations and that is beyond the
reasonable control of that party, including:
(a) inability to obtain goods, supplies or services, including fuel, accommodation or
access to an attraction;
(b) forces of nature (including fire, earthquake, storm, flood or other casualty or
accident);
and
(f) epidemic or pandemic to the extent that restrictions (including lockdown and
quarantine restrictions) are imposed by any Authority.
“Goods” means all property, equipment of any nature, facilities, chattels, fixtures and fittings, and goods of any description.
“Implied Warranties” means all warranties of any nature in relation to the Activities (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).
“Including” is deemed to be followed by the words “without limitation”.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
“Provider” “We” “Us” or “Our” means [On The Verandah], its Representatives and assigns.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by the Provider and accepted by the Customer at the time of making the Booking.
3 Bookings
3.1 A Booking is subject to availability.
3.2 The Provider reserves the right to decline any Booking or request at its absolute
discretion.
3.3 Unless otherwise determined by the Provider prior to or at the time of Booking, the
following provisions apply:
(a) The Deposit shall be paid at the time of Booking;
(b) payment of the balance of the Cost is required [60] days prior to
commencement of the Activity;
(c) if the Booking is made within [60] days of the commencement of the Activity,
full payment of the Cost is required at the time of Booking;
(d) a list identifying all persons participating in the Activity is to be provided at the
time of Booking;
Specials / Packages:
(e) The Provider reserves the right to promote / offer the Activity on terms and
conditions different to the T&C (including as to Cost, Deposit, payment terms
and Cancellation Fee) at its discretion and for each Booking therein made
those terms and conditions shall prevail over the T&C with respect to any
inconsistency.
3.4 A valid credit or debit card is required at the time of Booking. Your card will be held as
security for your Booking and utilised for any payments, outstanding charges,
Cancellation Fees, no-show fees, damage and any breach of these T&C’s.
3.5 Failure by the Customer to make payment as required in accordance with the T&C, or
as otherwise requested by the Provider, may result in the Booking being cancelled
and the Provider making available the Activity, or any part thereof, to other persons.
3.6 If the Customer makes payment by way of credit or debit card, the Customer warrants
that the information provided to the Provider is true and complete, that the Customer
is authorised to use the card to make payment and that the Customer’s payment will
be honoured by the card issuer.
4 Cancellation
4.1 All cancellations must be in writing and sent to the Provider. It is the Customer’s
responsibility to ensure the Provider has received notice of any cancellation of the
Booking.
4.2 Subject to these Terms and conditions, where the Customer cancels the Booking:
paid will be returned to the Customer;
paid will be returned to the Customer;
monies paid will be returned to the Customer;
will be forfeited.
4.3 If the Customer requests an amendment to the Booking 30 days or less prior to the
commencement of the Activity, such request will be deemed a cancellation by the
Customer and the provisions in clause 4.2(d) will apply.
4.4 Where the Booking is cancelled in accordance with clauses of 4.2, or 4.3, the
Provider shall have the right to re-book the Activity, or any part thereof.
5 Costs
5.1 Costs are in AUD and inclusive of GST.
5.2 Costs are subject to change. The Provider reserves the right to change the Cost
without notice provided that the Cost will not be varied for Bookings that have been
paid in full, or for which a Deposit has been paid.
6 Changes to Activity
6.1 The Customer acknowledges that the nature of the Activity is likely to require
considerable flexibility. The itinerary / program provided for each Activity is
representative of the types of activities contemplated. The Customer acknowledges
that routes, schedules, itineraries, amenities, activities and mode of transport and
other inclusions may be subject to alteration without prior notice due to local
circumstances or events. As such the Provider reserves the right to:
6.2 In the event of any change, modification, cancellation, postponement or delay to the
Activity as contemplated under this clause, the Customer acknowledges that the
Customer will have no right of refund and no right to claim compensation for any loss
and or cost incurred by reason of the change, modification, cancellation,
postponement or delay.
7 Property in Goods
7.1 All Goods supplied by the Provider remain the property of the Provider.
7.2 The Customer shall not alter, change, replace or otherwise interfere with any Goods.
7.3 The Provider takes no responsibility for the suitability of the Goods for the Customer’s
specific requirements, and it is the Customer’s responsibility to ensure that all Goods
are suitable for the Customer’s specific needs.
7.4 Any damage to Goods is the Customer’s liability The Customer will be responsible for
any repairs required to damaged Goods.
7.5 The Customer shall ensure that any Goods are not damaged or destroyed and shall
return all Goods in the same condition as provided, fair wear and tear excluded.
7.6 The Provider has the right to inspect any Goods at any time.
8 Behaviour Policy
8.1 Anti-social behaviour (including behaviour of a sexual or discriminatory nature) and
intoxication during the Activity and or creating a disturbance to other customers and
or Representatives will not be tolerated and may result in immediate termination of
the Activity for the Customer.
8.2 Where the Activity is terminated pursuant to this clause, the Customer shall forfeit any
and all monies paid to the Provider.
9 Customer’s Warranties
9.1 The Customer represents and warrants that:
these T&C’s; and
9.1 The Customer warrants that:
(a) the Customer has and will comply with all applicable laws;
(b) the Customer has and will comply with all lawful directions of the Provider;
(c) the Customer has not relied on any representations or warranties that may
have been made by the Provider or its Representatives; and
(d) the Customer will report any and all hazards immediately to the Provider.
10 Termination
10.1 The Provider may terminate the Booking immediately if there has been a breach of
the T&C.
10.2 Any termination of the Booking in accordance with this provision will result in all
monies paid by the Customer to the Provider being forfeited by the Customer and
retained by the Provider.
10.3 The accrued rights, obligations and remedies of the Provider are not affected by the
termination of the T&C.
11 Liability and Waiver
11.1 The Customer has read and understood the disclosure of risks set out in these T&C’s,
and voluntarily accepts those risks and agrees to be bound by these T&C’s.
11.2 The Customer acknowledges the risks associated with participating in the Activity
include, but are not limited to:
11.2.1 To reduce risk of harm, the Customer agrees to follow this advice:
(a) The Customer declares they are suitably fit so as to allow participation and so
as not to unreasonably affect the progress of the group. The Customer
declares they can walk unaided and board and alight the vehicles frequently
and without assistance.
(b) The Customer agrees to disclose privately to the Provider, any physical or
medical conditions requiring special attention or relevant to the activities to be
undertaken.
(c) It is the Customer’s responsibility to avoid heat-induced illness by wearing
appropriate protective clothing, reducing exposure and staying hydrated.
(d) It is the Customer’s responsibility to avoid sunburn by using appropriate
protective clothing and sunscreen.
(e) It is the responsibility of the Customer to wear insect protective clothing
and/or insect repellent at dawn and dusk, or when near bodies of water, to
avoid insect bites.
(f) It is the responsibility of the Customer to always wear covered footwear with
non-slip soles, to keep to tracks and not engage with wildlife or livestock.
(g) It is the responsibility of the Customer to use a headlamp and/or torch in low
light situations to avoid injury by snake bite or by tripping over obstacles.
(h) The Customer is advised that any body of water in the Kimberley region,
including creeks, rivers, dams and billabongs could harbour deadly Saltwater
Crocodiles.
(i) The Customer agrees to wear seat belts in the manner intended, when
travelling in tour vehicles.
(j) If a fire threat is identified, the Customer agrees to follow the requests of staff
in relation to muster points and evacuation procedure.
(k) Activities undertaken on any free day in an On The Verandah itinerary are
undertaken at the Customer’s own risk and expense.
(l) A Customer who opts to drive their own vehicle, or a vehicle they hired or
borrowed, during the On The Verandah itinerary do so at their own risk and
expense.
(m) The Customer must notify On The Verandah at the time of booking if they
have any relevant allergies.
11.3 The Customer is aware of the dangers associated with the consumption of alcohol,
mind altering substances, drugs (including over the counter or prescribed medication)
or other substances which may impair any judgment or physical ability or capacity to
safely participate in the Activity and accepts full responsibility for any injury, loss or
damage associated with the Customer’s consumption of alcohol, mind altering
substances, drugs or other substances which impairs the Customer’s judgment,
physical ability or capacity to safely participate in the Activity.
11.4 To the extent any Implied Warranties cannot be excluded, liability for any breach of
any Implied Warranty is limited to:
(a) in the case of any Implied Warranty relating to goods:
(i) the replacement of those goods or the supply of equivalent
goods; or
(ii) the cost of replacing those goods or supplying equivalent
goods; and
(b) in the case of any Implied Warranty relating to services:
(i) the re-supply of those services; or
(ii) the cost of re-supply of those services.
11.5 The Customer has read, understood and agrees to comply with all rules, regulations,
procedures, instructional material and other information provided to the Customer or
published by the Provider or relating to the Activity.
11.6 While participating in the Activity the Customer will, at all times, follow:
(a) the lawful directions of the Provider or any of its Representatives; and
(b) any signage displayed at or in relation to the Activity.
11.7 While participating in the Activity the Customer will:
(a) abide by all laws;
(b) not introduce or create any hazards to persons, property, flora or fauna; and
(c) not, by the Customer’s acts or omissions, breach any terms of this T&C’s.
11.8 To the maximum extent permitted by law, the Customer releases, waives, discharges
and indemnifies the Provider and its Representatives from any and all Claims and
Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss,
in any way arising out of or related to the Activity or the T&C, including but not limited
to property loss or damage, bodily injury or death. This waiver, release and discharge
extends to all acts, omissions, defaults, failures or errors on the part of all or any of
the Provider and or its Representatives.
11.9 The Provider and their Representatives shall not in any event be liable for contingent,
consequential, indirect, special, and punitive or any other similar damages,
howsoever caused, for any damage, injury or loss, arising out of or in connection with
the Activity or the T&C, whether arising under breach of contract, negligence
(commission, omission or advice), statute or otherwise. The Customer agrees to
indemnify, and keep indemnified, the Provider and its Representatives from and
against any Claims and Liabilities, whether direct or indirect, arising out of or in
relation to:
(a) the Customer observing or participating in the Activity (whether
operated by the Provider or a third party); and
(b) the Customer’s acts or omissions while participating in the Activity.
11.10 The Customer has had the opportunity to consider the risks associated with
participating in the Activity and freely and voluntarily accepts:
(a) all of the risks (foreseeable and unforeseeable) that may result from
the Customer participating in the Activity; and
(b) any and all consequences which may result from those risks
(whether foreseeable or unforeseeable).
11.11 The Customer covenants not to sue or commence any proceedings against the
Provider and or its Representatives in respect of any loss or damage arising out of or
relating to any loss, damage, injury or illness the Customer may sustain (whether to
the Customer personally or to any of the Customer’s property) which occurs while
participating in the Activity.
11.12 This clause:
(a) applies notwithstanding that any such claim, action or loss may come
about, either wholly or in part, due to the negligence of or breach of a
contractual term by the Provider;
(b) is intended to be as broad and inclusive as is permitted by law; and
(c) does not exclude, restrict or modify the application of the Competition
and Consumer Act 2010 (Cth), as amended from time to time.
12 GST
12.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
12.2 The Customer agrees to pay GST in respect of any goods or services that the
Provider supplies to the Customer and or are supplied to the Customer on behalf of
the Provider.
13 Insurance
The Customer must obtain comprehensive travel insurance on Kimberley and Tasmanian itineraries
including (but not limited to) cover for trip cancellation, valuables and force majeure events. Travel
insurance is recommended for customers on Albany trips. Non-residents of Australia should have
cover for medical expenses and evacuation charges.
14 Force Majeure Event
14.1 If any Force Majeure Event results in the Provider being prevented from, or delayed
in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed
to be a breach of contract or these T&C’s;
(b) no loss or damage shall be claimed by the Customer from the
Provider by reason thereof; and
(c) The Provider shall use its best endeavours to minimise and reduce
Any period of restriction or interference occasioned by the Force
Majeure Event.
14.2 In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
(a) substitute a different or equivalent Activity in place of cancelled or
Modified Activity;
(b) postpone, cancel or delay (either in relation to the departure or arrival
dates) any aspect of the Activity if in the absolute discretion of the
Provider it is necessary to do so;
(c) offer a transfer of the Activity, or part thereof, to an alternative date
within 24 months (or such longer period as is reasonable and
determined by the Provider in the circumstances), which transfer
option is subject to availability;
(d) offer a credit, to the value of any monies paid, which credit will be
valid for travel within 24 months from the issue date (or such other
longer period as determined by the Provider in its absolute
discretion), provided that:
(i) any additional costs payable on the new booking will be
payable by the Customer in full;
(ii) additional costs may apply for the Activity in future seasons;
(iii) credit terms and conditions are final;
(iv) credits are not able to be extended beyond their expiry date;
and
(v) the credit, or any balance on a partially used credit, is not
redeemable for cash.
15 Personal Information
15.1 The Customer’s personal information may be used by the Provider and may be
disclosed to the Provider’s Representatives, agents, service providers, suppliers or
other third parties for any purpose associated with the Booking. Any use or disclosure
of the Customer’s personal information by the Provider will be in accordance with
the Privacy Act 1988 (Cth).
15.2 The Customer acknowledges that photos or video of the Customer may be taken by
the Provider or its Representatives. These images may be used in any promotional
materials, website, all social media platforms (i.e. Instagram), etc., unless the
Customer specifically requests in writing to the Provider to not use the Customer’s
image. Otherwise, the Provider is granted a perpetual, royalty-free, worldwide,
irrevocable licence by the Customer to use such images for publicity and promotional
purposes.
16 Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must
be construed as if that provision or part of a provision had been severed from the T&C and the parties
remain bound by all of the provisions and part provisions remaining after severance.
17 Governing laws
17.1 The T&C are governed by and shall be construed in accordance with the laws of the
State in which the Activity is undertaken.
17.2 The parties irrevocably:
(a) submit to the exclusive jurisdiction of the Courts of the state in which the
Activity is undertaken. and the Courts competent to determine appeals from
those Courts:
(i) for determination of any dispute claim or demand; or
(ii) with respect to any proceedings which may be brought at any
time relating to these T&C,
(b) waives any objection it may now or in the future have to the venue of any
proceedings, and any claim it may now or in the future have that any
proceedings have been brought in an inconvenient forum.
18 Dispute Resolution
18.1 Should any dispute arise between the Provider and the Customer, the parties agree
that formal proceedings in a Court or Tribunal will not commence until after the
following process has been followed:
(a) A party provides written notice specifying the nature of the dispute (“the
notice”).
(b) The parties will in good faith attempt to resolve the dispute.
(c) If the dispute is not resolved within 10 business days of receipt of the notice,
the parties agree to refer the dispute to mediation administered by the
Australian Dispute Resolution Service and conducted in accordance with the
ADC Guidelines for Commercial Mediation.
(d) If there is no resolution to the dispute at the expiration of 30 days from the
receipt of the notice, formal proceedings may be commenced.
Updated 03.10.25
ACTIVITIES – Kimberley, Tasmania and Albany
1 General
1.1 These Terms and Conditions (“T&C’s”) apply to the Booking made by the Customer
with the Provider.
1.2 By making a Booking (directly or through a third party), the Customer agrees to these
T&C’s for themselves and for all persons included in the Booking and each such
person shall be jointly and severally bound by these T&C’s.
1.3 By making a Booking the Customer has read and understood the disclosure of risks
set out in these T&C’s, and voluntarily accepts those risks and agrees to be bound by
these T&C’s.
2 Definitions
“Activity” means any tour, trip, workshop, class, event or attraction and any incidental activities thereto.
“Authority” means:
(a) a government or government department or other body;
(b) a governmental, semi-governmental or judicial person, including a statutory
corporation; or
(c) a person (whether autonomous or not) who is charged with the administration of a
law.
“Booking” means booking the Activity.
“Cancellation Fee” means:
- such portion of the Cost as referred to in clause 4; or
- such other amount as stipulated by the Provider from time to time.
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any
nature and whether present or future, actual or contingent, fixed or unascertained and arising at law,
in equity, under statute or otherwise.
“Cost” means the total amount payable to the Provider by the Customer for the Activity.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons included
in the Booking.
“Deposit” means a non-transferrable payment [equivalent to 20% of the Cost] payable to the Provider
at the time of Booking or such other amount as stipulated by the Provider from time to time.
"Force Majeure Event" means any occurrence or non–occurrence as a direct or indirect result of
which a party is prevented from or delayed in performing any of its obligations and that is beyond the
reasonable control of that party, including:
(a) inability to obtain goods, supplies or services, including fuel, accommodation or
access to an attraction;
(b) forces of nature (including fire, earthquake, storm, flood or other casualty or
accident);
- war, civil strife or other violence;
- industrial action, or any action or inaction by an Authority;
- any law, order, proclamation, regulation, ordinance, action, demand or requirement of
and
(f) epidemic or pandemic to the extent that restrictions (including lockdown and
quarantine restrictions) are imposed by any Authority.
“Goods” means all property, equipment of any nature, facilities, chattels, fixtures and fittings, and goods of any description.
“Implied Warranties” means all warranties of any nature in relation to the Activities (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).
“Including” is deemed to be followed by the words “without limitation”.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
“Provider” “We” “Us” or “Our” means [On The Verandah], its Representatives and assigns.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of the Provider.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by the Provider and accepted by the Customer at the time of making the Booking.
3 Bookings
3.1 A Booking is subject to availability.
3.2 The Provider reserves the right to decline any Booking or request at its absolute
discretion.
3.3 Unless otherwise determined by the Provider prior to or at the time of Booking, the
following provisions apply:
(a) The Deposit shall be paid at the time of Booking;
(b) payment of the balance of the Cost is required [60] days prior to
commencement of the Activity;
(c) if the Booking is made within [60] days of the commencement of the Activity,
full payment of the Cost is required at the time of Booking;
(d) a list identifying all persons participating in the Activity is to be provided at the
time of Booking;
Specials / Packages:
(e) The Provider reserves the right to promote / offer the Activity on terms and
conditions different to the T&C (including as to Cost, Deposit, payment terms
and Cancellation Fee) at its discretion and for each Booking therein made
those terms and conditions shall prevail over the T&C with respect to any
inconsistency.
3.4 A valid credit or debit card is required at the time of Booking. Your card will be held as
security for your Booking and utilised for any payments, outstanding charges,
Cancellation Fees, no-show fees, damage and any breach of these T&C’s.
3.5 Failure by the Customer to make payment as required in accordance with the T&C, or
as otherwise requested by the Provider, may result in the Booking being cancelled
and the Provider making available the Activity, or any part thereof, to other persons.
3.6 If the Customer makes payment by way of credit or debit card, the Customer warrants
that the information provided to the Provider is true and complete, that the Customer
is authorised to use the card to make payment and that the Customer’s payment will
be honoured by the card issuer.
4 Cancellation
4.1 All cancellations must be in writing and sent to the Provider. It is the Customer’s
responsibility to ensure the Provider has received notice of any cancellation of the
Booking.
4.2 Subject to these Terms and conditions, where the Customer cancels the Booking:
- more than 90 days from the commencement of the Activity, a
paid will be returned to the Customer;
- 90 days or less, prior to the commencement of the Activity, a Cancellation
paid will be returned to the Customer;
- 60 days or less prior to the commencement of the Activity, a Cancellation
monies paid will be returned to the Customer;
- 30 days or less prior to the commencement of the Activity (including on
will be forfeited.
4.3 If the Customer requests an amendment to the Booking 30 days or less prior to the
commencement of the Activity, such request will be deemed a cancellation by the
Customer and the provisions in clause 4.2(d) will apply.
4.4 Where the Booking is cancelled in accordance with clauses of 4.2, or 4.3, the
Provider shall have the right to re-book the Activity, or any part thereof.
5 Costs
5.1 Costs are in AUD and inclusive of GST.
5.2 Costs are subject to change. The Provider reserves the right to change the Cost
without notice provided that the Cost will not be varied for Bookings that have been
paid in full, or for which a Deposit has been paid.
6 Changes to Activity
6.1 The Customer acknowledges that the nature of the Activity is likely to require
considerable flexibility. The itinerary / program provided for each Activity is
representative of the types of activities contemplated. The Customer acknowledges
that routes, schedules, itineraries, amenities, activities and mode of transport and
other inclusions may be subject to alteration without prior notice due to local
circumstances or events. As such the Provider reserves the right to:
- cancel or modify any routes or any other aspect of the Activity;
- substitute different or equivalent routes or aspects of the Activity; or
- postpone, cancel or delay (either in relation to the departure or arrival
6.2 In the event of any change, modification, cancellation, postponement or delay to the
Activity as contemplated under this clause, the Customer acknowledges that the
Customer will have no right of refund and no right to claim compensation for any loss
and or cost incurred by reason of the change, modification, cancellation,
postponement or delay.
7 Property in Goods
7.1 All Goods supplied by the Provider remain the property of the Provider.
7.2 The Customer shall not alter, change, replace or otherwise interfere with any Goods.
7.3 The Provider takes no responsibility for the suitability of the Goods for the Customer’s
specific requirements, and it is the Customer’s responsibility to ensure that all Goods
are suitable for the Customer’s specific needs.
7.4 Any damage to Goods is the Customer’s liability The Customer will be responsible for
any repairs required to damaged Goods.
7.5 The Customer shall ensure that any Goods are not damaged or destroyed and shall
return all Goods in the same condition as provided, fair wear and tear excluded.
7.6 The Provider has the right to inspect any Goods at any time.
8 Behaviour Policy
8.1 Anti-social behaviour (including behaviour of a sexual or discriminatory nature) and
intoxication during the Activity and or creating a disturbance to other customers and
or Representatives will not be tolerated and may result in immediate termination of
the Activity for the Customer.
8.2 Where the Activity is terminated pursuant to this clause, the Customer shall forfeit any
and all monies paid to the Provider.
9 Customer’s Warranties
9.1 The Customer represents and warrants that:
- the Customer is over 18 years old (other than any minors accompanying the Customer);
- the Customer is medically fit to perform, or engage in the Activity;
- the Customer is competent to safely engage in the Activity;
- the Customer has not relied on any representations or warranties that may have
- the Customer has taken, or had the opportunity to take, independent medical,
these T&C’s; and
- has authority to, and does hereby, enter into these T&C’s on the Customer’s own
9.1 The Customer warrants that:
(a) the Customer has and will comply with all applicable laws;
(b) the Customer has and will comply with all lawful directions of the Provider;
(c) the Customer has not relied on any representations or warranties that may
have been made by the Provider or its Representatives; and
(d) the Customer will report any and all hazards immediately to the Provider.
10 Termination
10.1 The Provider may terminate the Booking immediately if there has been a breach of
the T&C.
10.2 Any termination of the Booking in accordance with this provision will result in all
monies paid by the Customer to the Provider being forfeited by the Customer and
retained by the Provider.
10.3 The accrued rights, obligations and remedies of the Provider are not affected by the
termination of the T&C.
11 Liability and Waiver
11.1 The Customer has read and understood the disclosure of risks set out in these T&C’s,
and voluntarily accepts those risks and agrees to be bound by these T&C’s.
11.2 The Customer acknowledges the risks associated with participating in the Activity
include, but are not limited to:
- loss or damage to property, injury, illness or death;
- slipping and falling, collisions with fixed objects and or other participants,
- drowning, polluted or contaminated water;
- attack or injury from wildlife, dangerous or inclement weather or bushfire conditions; contracting illnesses from contact with objects and surfaces while
- limited mobile telephone reception and access to medical facilities and
- the behaviour and acts or omissions of other participants;
- equipment failure and improper or inadequate equipment maintenance;
- improper or inadequate instruction or supervision regarding the Activities or
- first aid, emergency treatment, safety rescues or services rendered or failed
11.2.1 To reduce risk of harm, the Customer agrees to follow this advice:
(a) The Customer declares they are suitably fit so as to allow participation and so
as not to unreasonably affect the progress of the group. The Customer
declares they can walk unaided and board and alight the vehicles frequently
and without assistance.
(b) The Customer agrees to disclose privately to the Provider, any physical or
medical conditions requiring special attention or relevant to the activities to be
undertaken.
(c) It is the Customer’s responsibility to avoid heat-induced illness by wearing
appropriate protective clothing, reducing exposure and staying hydrated.
(d) It is the Customer’s responsibility to avoid sunburn by using appropriate
protective clothing and sunscreen.
(e) It is the responsibility of the Customer to wear insect protective clothing
and/or insect repellent at dawn and dusk, or when near bodies of water, to
avoid insect bites.
(f) It is the responsibility of the Customer to always wear covered footwear with
non-slip soles, to keep to tracks and not engage with wildlife or livestock.
(g) It is the responsibility of the Customer to use a headlamp and/or torch in low
light situations to avoid injury by snake bite or by tripping over obstacles.
(h) The Customer is advised that any body of water in the Kimberley region,
including creeks, rivers, dams and billabongs could harbour deadly Saltwater
Crocodiles.
(i) The Customer agrees to wear seat belts in the manner intended, when
travelling in tour vehicles.
(j) If a fire threat is identified, the Customer agrees to follow the requests of staff
in relation to muster points and evacuation procedure.
(k) Activities undertaken on any free day in an On The Verandah itinerary are
undertaken at the Customer’s own risk and expense.
(l) A Customer who opts to drive their own vehicle, or a vehicle they hired or
borrowed, during the On The Verandah itinerary do so at their own risk and
expense.
(m) The Customer must notify On The Verandah at the time of booking if they
have any relevant allergies.
11.3 The Customer is aware of the dangers associated with the consumption of alcohol,
mind altering substances, drugs (including over the counter or prescribed medication)
or other substances which may impair any judgment or physical ability or capacity to
safely participate in the Activity and accepts full responsibility for any injury, loss or
damage associated with the Customer’s consumption of alcohol, mind altering
substances, drugs or other substances which impairs the Customer’s judgment,
physical ability or capacity to safely participate in the Activity.
11.4 To the extent any Implied Warranties cannot be excluded, liability for any breach of
any Implied Warranty is limited to:
(a) in the case of any Implied Warranty relating to goods:
(i) the replacement of those goods or the supply of equivalent
goods; or
(ii) the cost of replacing those goods or supplying equivalent
goods; and
(b) in the case of any Implied Warranty relating to services:
(i) the re-supply of those services; or
(ii) the cost of re-supply of those services.
11.5 The Customer has read, understood and agrees to comply with all rules, regulations,
procedures, instructional material and other information provided to the Customer or
published by the Provider or relating to the Activity.
11.6 While participating in the Activity the Customer will, at all times, follow:
(a) the lawful directions of the Provider or any of its Representatives; and
(b) any signage displayed at or in relation to the Activity.
11.7 While participating in the Activity the Customer will:
(a) abide by all laws;
(b) not introduce or create any hazards to persons, property, flora or fauna; and
(c) not, by the Customer’s acts or omissions, breach any terms of this T&C’s.
11.8 To the maximum extent permitted by law, the Customer releases, waives, discharges
and indemnifies the Provider and its Representatives from any and all Claims and
Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss,
in any way arising out of or related to the Activity or the T&C, including but not limited
to property loss or damage, bodily injury or death. This waiver, release and discharge
extends to all acts, omissions, defaults, failures or errors on the part of all or any of
the Provider and or its Representatives.
11.9 The Provider and their Representatives shall not in any event be liable for contingent,
consequential, indirect, special, and punitive or any other similar damages,
howsoever caused, for any damage, injury or loss, arising out of or in connection with
the Activity or the T&C, whether arising under breach of contract, negligence
(commission, omission or advice), statute or otherwise. The Customer agrees to
indemnify, and keep indemnified, the Provider and its Representatives from and
against any Claims and Liabilities, whether direct or indirect, arising out of or in
relation to:
(a) the Customer observing or participating in the Activity (whether
operated by the Provider or a third party); and
(b) the Customer’s acts or omissions while participating in the Activity.
11.10 The Customer has had the opportunity to consider the risks associated with
participating in the Activity and freely and voluntarily accepts:
(a) all of the risks (foreseeable and unforeseeable) that may result from
the Customer participating in the Activity; and
(b) any and all consequences which may result from those risks
(whether foreseeable or unforeseeable).
11.11 The Customer covenants not to sue or commence any proceedings against the
Provider and or its Representatives in respect of any loss or damage arising out of or
relating to any loss, damage, injury or illness the Customer may sustain (whether to
the Customer personally or to any of the Customer’s property) which occurs while
participating in the Activity.
11.12 This clause:
(a) applies notwithstanding that any such claim, action or loss may come
about, either wholly or in part, due to the negligence of or breach of a
contractual term by the Provider;
(b) is intended to be as broad and inclusive as is permitted by law; and
(c) does not exclude, restrict or modify the application of the Competition
and Consumer Act 2010 (Cth), as amended from time to time.
12 GST
12.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
12.2 The Customer agrees to pay GST in respect of any goods or services that the
Provider supplies to the Customer and or are supplied to the Customer on behalf of
the Provider.
13 Insurance
The Customer must obtain comprehensive travel insurance on Kimberley and Tasmanian itineraries
including (but not limited to) cover for trip cancellation, valuables and force majeure events. Travel
insurance is recommended for customers on Albany trips. Non-residents of Australia should have
cover for medical expenses and evacuation charges.
14 Force Majeure Event
14.1 If any Force Majeure Event results in the Provider being prevented from, or delayed
in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed
to be a breach of contract or these T&C’s;
(b) no loss or damage shall be claimed by the Customer from the
Provider by reason thereof; and
(c) The Provider shall use its best endeavours to minimise and reduce
Any period of restriction or interference occasioned by the Force
Majeure Event.
14.2 In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
(a) substitute a different or equivalent Activity in place of cancelled or
Modified Activity;
(b) postpone, cancel or delay (either in relation to the departure or arrival
dates) any aspect of the Activity if in the absolute discretion of the
Provider it is necessary to do so;
(c) offer a transfer of the Activity, or part thereof, to an alternative date
within 24 months (or such longer period as is reasonable and
determined by the Provider in the circumstances), which transfer
option is subject to availability;
(d) offer a credit, to the value of any monies paid, which credit will be
valid for travel within 24 months from the issue date (or such other
longer period as determined by the Provider in its absolute
discretion), provided that:
(i) any additional costs payable on the new booking will be
payable by the Customer in full;
(ii) additional costs may apply for the Activity in future seasons;
(iii) credit terms and conditions are final;
(iv) credits are not able to be extended beyond their expiry date;
and
(v) the credit, or any balance on a partially used credit, is not
redeemable for cash.
15 Personal Information
15.1 The Customer’s personal information may be used by the Provider and may be
disclosed to the Provider’s Representatives, agents, service providers, suppliers or
other third parties for any purpose associated with the Booking. Any use or disclosure
of the Customer’s personal information by the Provider will be in accordance with
the Privacy Act 1988 (Cth).
15.2 The Customer acknowledges that photos or video of the Customer may be taken by
the Provider or its Representatives. These images may be used in any promotional
materials, website, all social media platforms (i.e. Instagram), etc., unless the
Customer specifically requests in writing to the Provider to not use the Customer’s
image. Otherwise, the Provider is granted a perpetual, royalty-free, worldwide,
irrevocable licence by the Customer to use such images for publicity and promotional
purposes.
16 Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must
be construed as if that provision or part of a provision had been severed from the T&C and the parties
remain bound by all of the provisions and part provisions remaining after severance.
17 Governing laws
17.1 The T&C are governed by and shall be construed in accordance with the laws of the
State in which the Activity is undertaken.
17.2 The parties irrevocably:
(a) submit to the exclusive jurisdiction of the Courts of the state in which the
Activity is undertaken. and the Courts competent to determine appeals from
those Courts:
(i) for determination of any dispute claim or demand; or
(ii) with respect to any proceedings which may be brought at any
time relating to these T&C,
(b) waives any objection it may now or in the future have to the venue of any
proceedings, and any claim it may now or in the future have that any
proceedings have been brought in an inconvenient forum.
18 Dispute Resolution
18.1 Should any dispute arise between the Provider and the Customer, the parties agree
that formal proceedings in a Court or Tribunal will not commence until after the
following process has been followed:
(a) A party provides written notice specifying the nature of the dispute (“the
notice”).
(b) The parties will in good faith attempt to resolve the dispute.
(c) If the dispute is not resolved within 10 business days of receipt of the notice,
the parties agree to refer the dispute to mediation administered by the
Australian Dispute Resolution Service and conducted in accordance with the
ADC Guidelines for Commercial Mediation.
(d) If there is no resolution to the dispute at the expiration of 30 days from the
receipt of the notice, formal proceedings may be commenced.
