Terms of Use

OUR CONTRACT

All bookings are made with On Track Research, Development and Innovation Pty Ltd trading as West Oz Active Adventure Tours (West Oz Active). By booking a trip with us you are deemed to have agreed to these Booking Conditions and the Indemnity and Release, which may be viewed here (the Indemnity and Release) and your booking will be accepted by us on this basis.

PRICES

All prices are inclusive of 10% GST. West Oz Active reserves the right to alter these prices in the event of any unforeseen circumstances.

DEPOSIT REQUIREMENTS

You are required to pay a deposit of 50% of the total booking value for your booking to be confirmed. If your booking is made within 14 days of the departure date then the full amount is payable at the time of booking.

FINAL PAYMENTS

Payment of the balance of the trip price is due 14 days before the departure date or at the time of booking, whichever is the later. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.

INDEMNITY AND RELEASE

Before participating in any activity you will be required to complete the personal information sheet (which may be viewed here) and sign the Indemnity and Release. The terms of the Indemnity and Release are binding upon you if you participate in any activities offered by West Oz Active regardless of whether the Indemnity and Release is signed by you.

If you fail to complete the personal information sheet or sign the Indemnity and Release, West Oz Active may cancel your booking and you will not be entitled to any refund or to make any claim in respect of the cancellation whatsoever.

AUTHORITY ON TOUR

Our tours are run by one or more West Oz Active Guides, whose decision are final on all matters likely to affect the safety or wellbeing 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 of the group, the Guide may order you to leave the trip immediately, with no right of refund. You must at all times comply with the laws, customs and drug/alcohol regulations of all areas visited.

IMPLIED WARRANTY

To the extent permissible at law, any condition or warranty which would otherwise be implied by law into these Booking 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): (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.

CANCELLATION OR AMENDMENT OF TOURS BY WEST OZ ACTIVE

Tours are subject to alteration or cancellation without notice.

Alterations may come about due to fires, road, or weather conditions, strikes, public holidays, local festivals or other reasons. Due to the nature of the terrain and remote areas, weather fluctuations can adversely affect road conditions or the ability to safely undertake the tour activities, which may necessitate alterations or cancellation of the tour with little or no notice.

A minimum number of 4 participants is required to operate tours, unless otherwise stated as a guaranteed departure. In the event that adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure.

All tours involve physical activities and require you to have a reasonable level of fitness and be able to swim. In the event that West Oz Active forms the opinion, in its absolute discretion, that you do not have the required level of fitness to complete the tour activities it may cancel your participation in the tour.

In the event of alteration or cancellation of a tour under this clause West Oz Active will either, in its absolute discretion, (i) provide a similar trip to an equivalent value; or (ii) refund the total amount received by us from you in connection with your booking.

West Oz Active has no other liability in respect of any cancellation or amendment of the tour by West Oz Active and any other expenses incurred by you are not the responsibility of West Oz Active.

BOOKING AMENDMENTS BY YOU

Booking amendments may be permitted on day tours up to 48 hours prior to departure. If you wish to change tours or departure dates you must immediately inform West Oz Active. All amendments are subject to approval, availability and confirmation by West Oz Active.

CANCELLATION OF TOUR BY YOU

If you wish to cancel your tour you must immediately inform West Oz Active in writing. Cancellation takes effect on receipt of your notice by West Oz Active and the following charges will apply on cancellation:

  • If cancellation takes place within 7 days of departure 50% of your tour price will be forfeited.
  • If cancellation takes place within 48 hours of departure 100% of your tour price will be forfeited.

If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.

SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to continue as binding.

PHOTOS & MARKETING

You consent to us using any images of you participating in the tour activities which have been either (a) taken by West Oz Active; or (b) provided by to us by you or any other tour participant, for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for promotional purposes.


LIABILITY FORMS