Terms & Conditions
TERMS AND CONDITIONS.
1.PARTIES & AGREEMENT:
1.1. SallyO & Co. is the trading name, referred to as ‘us’, 'we', 'our' or ‘company’.
1.2. You, the person booking, whether themselves or on behalf of others are referred to as 'you', ‘your’ or 'client/s', traveler/s’.
1.3. Our tours are referred to as 'adventure/s' or 'tour/s'.
1.4. Travel refers to any travel before, during or after the tour.
1.5. When you book with us, you agree to these Terms and Conditions.
1.6. A booking is confirmed with payment of deposit and confirmation from us.
2. PAYMENT:
2.1. The Deposit, Instalments and Final Payment amounts will be outlined in the Adventure Itinerary/Tour Document.
2.2. The 50% deposit is required to confirm your spot on a tour.
2.3. The Final Payment due 60 days later or if booking within 60 days before the tour starts payment in full is required.
2.4. Late payments may affect your booking and incur fees.
2.5. If booking within 60 days of the tour, full payment is required at the time of confirmation.
3. PAYMENT DETAILS:
3.1. Prices are in Australian dollars (AUD).
3.2. Paying in another currency? We will receive payment in Australian Dollars (AUD). (Please refer to your financial institution if you require assistance with currency transfer).
3.3. You are solely responsible for costs associated with exchange rate fluctuations and/or any exchange rate and/or bank transfer fees from your financial institution.
3.4. Credit card payments will incur a merchant fee advised at time of payment.
4. AMENDMENTS AND CANCELLATION:
4.1. These are our standard terms and conditions, which will be in effect unless stated otherwise. If there are specific cancellation or refund policies applicable to your tour, they will be outlined in your itinerary or other related documents. These special terms will take precedence over our standard terms and conditions in case of any discrepancies.
4.2. Amendments
4.2.1. Written requests for changes or cancellations will be considered and actioned at our discretion.
4.2.2. Fees may apply for amendments which will be advised.
4.3. Cancellation
4.3.1. Should you decide to cancel, our cancellation policy is per the following:
4.3.2. Inform us as soon as practical in writing.
4.3.3. 91+ days prior to the commencement of your tour: 25% of the deposit will be non-refundable.
4.3.4. 31 to 90 days prior to the commencement of your tour: 50% cancellation fee
4.3.5. 0-30 days prior to the commencement of your tour: no refund will be provided (this includes ‘no-shows’)
4.3.6. Refunds may vary based on third-party cancellation policies.
4.3.7. Our company retains the right to cancel tours prior to their scheduled start date. In such instances, we will promptly inform you in writing and offer either a refund or credit for future tours.
4.3.8. Should tour cancellations arise due to circumstances beyond our control, such as those outlined under Force Majeure, we will reimburse you for any costs that we can recover. However, we cannot refund costs that are irrecoverable.
4.3.9. It's important to note that our company bears no responsibility for any additional expenses incurred by travelers in the event of a tour cancellation, including but not limited to airfares, passport or visa fees, reservations, vaccinations, etc. Therefore, it is essential for travelers to have comprehensive travel insurance coverage.
4.3.10. In cases where refunds are processed in currencies other than Australian dollars (AUD), the exchange rate on the day of refund will be applied, irrespective of the original exchange rate. Additionally, a 10% fee will be levied on all refunds in currencies other than Australian Dollars to account for bank charges incurred by us.
5. UNUSED PORTION OF TOUR:
5.1. If a traveler, for any reason, opts out of participating in any portion of an event, activity, or arrangement included in the tour, no further refunds or compensation will be provided. This includes unused activities or services (such as meals), late arrivals, early departures, or missed days. The traveler will be responsible for any costs and/or arrangements associated with any alternate event, activity, or arrangement not included in the tour.
5.2. There will be no refund or compensation if part or all your tour remains unused, including instances such as refusal of entry/exit by border officials, mandatory quarantine requirements, or denial of services by a supplier due to symptoms of or testing positive for an infectious disease.
5.3. If an unused portion of the tour results in cancellation of events and /or activities due, but not limited, to minimum participant criteria not being met, you may be subject to associated fees.
5.4. All participants of our tours must adhere to the laws and regulations of the visited countries. Failure to do so releases us from any obligations we may have, including any unused portion of the tour resulting from your breach of local laws.
6. TOUR PLANNING FEE:
6.1. The prices of our tours and/or tours incorporate a Tour Planning Fee of $395 per person. This fee is non-refundable and is intended to cover the time and expertise involved in crafting, arranging, and overseeing your personalized tour. Since this service is provided by us, it represents a cost that cannot be recovered in the event of tour cancellation or disruption before its commencement.
7. SPECIAL NEEDS:
7.1. Each traveller has the responsibility to Inform us of any special needs no later than at the time of booking. Special needs may be, but not limited to, dietary requirements, allergies, mobility, visual/hearing impairments.
7.2. You must disclose the true nature of any such issue and arrange for any necessary support, medication, or additional items which may be required during the tour.
7.3. Failure to disclose may result in exclusion from the tour.
7.4. We aim to accommodate any special needs; however this cannot be guaranteed.
8. PERSONAL REQUIREMENTS:
8.1. All Travelers whether travelling individually or part of a group must be 18 years or older.
8.2. Travelers must declare any conditions that could pose a hazard to themselves, fellow Travelers, company staff, or suppliers, except those disclosed to us. Our tours typically require moderate fitness levels, but some may demand higher levels, as outlined in tour documentation.
8.3. We reserve the right to remove any Traveler deemed responsible for hazards or negative impacts to themselves, other Tour Travellers, Company staff our suppliers or others during the trip.
9. ITINERARY:
9.1. The specifics of your tour will be clearly outlined in your itinerary prior tour commencement.
9.2. Inclusions, exclusions, sequence of events may change without notice. These changes may be related to but not limited to, availability of supplier products, guides, safety or comfort of Travelers, adverse weather, or to enhance your Tour experience.
9.3. If an unforeseen, unavoidable, or unexplained cancellation or disruption occurs beyond our control, we will strive to determine the cause and offer a suitable substitute within the given constraints. However, no additional refund or compensation will be provided to travellers in such situations.
10. TRAVEL INSURANCE:
10.1. Comprehensive insurance is compulsory and must be obtained at the time of booking. You agree to provide Proof of Insurance/Certificate of Currency for Insurance on request.
10.2. Each traveller is solely responsible for obtaining sufficient insurance coverage. It is the travellers’ responsibility to understand and verify that the policy adequately covers all pertinent risks, such as personal accident, medical expenses, repatriation, loss of luggage and any personal issues which may affect your policy.
11. PASSPORT AND VISA:
11.1. Travelers must ensure valid passports and visas and/or re-re-entry visas for your entire trip, including any transit points.
11.2. We require you have greater than 6 months validity on their passport for all travel.
11.3. Responsible for costs related to travel documents.
11.4. Travelers accept sole responsibility for country travel departure or entry refusal or for violating any legal length of stay provisions relating to their travel.
12. LIMITATION OF LIABILITY:
12.1. Our service is governed by guarantees under the Australian Consumer Law, which cannot be excluded. These guarantees include that our services will be provided with due care and skill, reasonably fit for the specified purpose, and within a reasonable time to the extent within our control.
12.2. We shall not be liable for any technical errors, data corruption, unauthorized access to personal data, inaccuracies in information provided by you or third parties, or failure to complete bookings due to circumstances beyond our control.
12.3. Except for non-excludable rights, we are not liable for inconveniences, delays, losses, injuries, or damages to you or your belongings caused directly or indirectly by the acts, omissions, or defaults of third-party suppliers, force majeure, or otherwise.
12.4. Travelers acknowledge that medical services and administrative facilities may not be readily available during the trip but agree that we will assist to the best of our ability if needed.
12.5. You agree, as a condition of this agreement, that we will not be liable for consequential or punitive damages in any circumstances.
12.6. We have no liability to you for loss or damage to valuables, luggage, perishable items, medicines, or other items.
12.7. If we have any liability under this agreement, any claim for loss or damage must be notified to us in writing within 30 days from the end of the tour, and any court action must be brought no later than one year from that date. Failure to comply releases us from all liability.
12.8. The provisions of this clause are subject to third-party suppliers' terms, conditions, and limitations. We do not accept responsibility or liability for matters for which third-party suppliers are liable, and you must make any claims directly against those third parties.
12.9. You must not bring any claims or actions against our employees, officers, agents, and subcontractors. If you do so in breach of this agreement, you agree to indemnify us and the person against whom the claim is made.
13. OPTIONAL ACTIVITIES:
13.1. If travellers choose to engage in activities or events not included in our itinerary, they do so at their own risk and assume all liability.
13.2. We make no representation regarding the safety, standard, or quality of any independent operator.
13.3. If our tour leaders or local representatives assist in participating in such activities, travellers absolve us of any liability, including but not limited to injury, loss, damage to property, death, delay, or inconvenience.
14. EXITING TOURS:
14.1. If a traveller must exit a tour due to emergency personal and/or extenuating circumstances, we will assist where we can. If costs can be recovered, we will issue a refund to the extent applicable.
14.2. We reserve the right to remove travellers for any reason, such as but not limited to, threatening, disruptive, abusive, obscene, discriminatory, disorderly and/or criminal behaviour, including where that behaviour is directed at any company personnel, accompanying travellers, third party suppliers, local community or others. Where applicable we will notify appropriate authorities
14.3. If a traveller is required to exit a tour, no refund will be provided, and the traveller/s accept sole responsibility and liability for any and all costs and arrangements resulting from this action.
15. FORCE MAJEURE:
15.1. We will not be liable for any failure or delay in performing our obligations in a trip that is due (directly or indirectly) to events beyond our control (referred to as “Force Majeure”).
15.2. Force Majeure is defined as, but is not limited to: acts of God, accident, riot, war, threat of war, terrorist act, advice against travel from any government including the Australian Department of Foreign Affairs and Trade (DFAT), nuclear disaster, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, civil commotion, breakdown of communication facilities, natural catastrophes, adverse weather conditions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion and generalised lack of availability of raw materials or energy, technical or other maintenance problems with transport, changes imposed by cancellation or rescheduling of flights or other transport, or any other events beyond our control which we or our third party suppliers could not, even with due care, foresee or avoid
16. MEDIA USE:
16.1. Travelers hereby acknowledge and consent that by participating on our trips that any media in which they have been photographed, videoed or recorded can be published on our platforms.
16.2. Travelers grant us a royalty free perpetual license and give us permission for that content to be used for promotion of our company.
17. UPDATED TERMS:
17.1. Terms and conditions may be updated without notice.
18. LEGAL VENUE:
18.1. Any agreements are made under these Terms and Conditions are governed by the laws of Queensland, Australia.
18.2. Any claim or matter arising under, or in connection with, such agreement will be done so under the exclusive jurisdiction of the laws of Queensland, Australia.
19. GENERAL:
19.1. Amendments to this agreement require a document signed by all parties.
19.2. Waivers of provisions or rights must be in writing to be binding and are effective only for the specific instance and purpose.
19.3. We reserve the right to subcontract obligations without notice but remain accountable for meeting them.
19.4. If any part of this agreement is unenforceable, the rest remains valid and enforceable.
19.5. Persons entering into this agreement on your behalf warrant their authority to do so.
19.6. We may set off amounts owed without notice; you cannot set off amounts owed to us.
19.7. Approval or consent may be given or withheld at a party's absolute discretion.
19.8. We may assign or transfer rights or obligations without your consent; you must obtain our written consent for any assignment or transfer of your rights.
19.9. This agreement constitutes the entire agreement between the parties, superseding any prior documents or discussions.