Terms & Conditions

1. Definitions

“Destination” means the location from which the Itinerary commences.

“Host” means the person or persons we assign to your Package or Itinerary who will provide liaison services to you in connection with the Supplier Services, or other services as agreed with you from time to time.

“Itinerary” means the indicative schedule of services that will be provided to you by us or Suppliers.

“Option” means any additional ancillary goods, services or component of travel which you elect to undertake from any third party outside of the Package.

“Package” means the services, which includes one or more components of travel related services including event tickets, activities, land transportation, accommodation, meals and tours as set out in an individual Itinerary.

“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).

“Price” means the price quoted for the particular Package.

“Supplier” means the supplier of a service which is part of a Package or an Option, but which is not us.

“Us”, “we”, “our” means Dangerous Goods Tours (ABN 85 649 823 549).

“You” means the person or persons who make a booking for a Package and includes persons for whom goods and services are requested.

2. General

These terms and conditions govern all bookings for our Packages and incorporates the terms of our Waiver and Limitation of Liability Agreement.
We rely on the information and representations given by you to us to enter into this agreement. You, and each person for whom you make a booking must be aged 18 or older.
Upon payment of the Price, we will provide the Package and act as an agent for you in making the arrangements for transportation (excluding flights to the Destination), accommodation, tours, sightseeing, activities, events and other components of the Package.
You understand that we only provide the following services to you:

organising the Package and Itinerary;
providing the Host services; and
acting as your agent for the limited purposes of arranging and procuring the Supplier Services for you.

We do not provide flights to, or within the Destination or personal travel, medical or life insurance for your participation in the Package.
It is your responsibility to read and understand the terms and conditions set out in these Terms and Conditions and to familiarise yourself with the current features of the Packages.
These Terms and Conditions apply to bookings made for Packages made through our website (www.dangerousgoodstours.com.au) or any other channel authorised by us.
The person carrying out a booking is deemed to have accepted these terms and conditions on behalf of all persons named in the booking (including those added at a later date). The person carrying out the booking indemnifies us against any claim against us by a person alleging they are not bound by the acts of the person making the booking.
It is a condition of these Terms and Conditions that you will execute the Waiver and Limitation of Liability Agreement when we require, failing which you may be excluded from the relevant event or activity, or the remainder of the Package without compensation.
Packages are based on a minimum number of persons travelling. If a Package fails to satisfy minimum numbers, the trip may be cancelled or rescheduled.

3. Supplier Services

Unless expressly stated in writing, we do not own, manage, control or operate any of the transportation (including flights), accommodation, insurance, car hire, tours, sightseeing, transfers, activities, events or any other services included in your Package. These are provided by a Supplier (“Supplier Services”).
We act solely as your agent to arrange the Supplier Services with Suppliers and have no control over the Supplier Services.
All coupons, receipts, bookings, proof of purchase, tickets and confirmations are issued subject to the terms and conditions specified by the issuers and Suppliers, and are not refundable or replaceable if lost or damaged. It is important for you to obtain and read the terms and conditions of Supplier Services which are included in your Package, as they may contain exclusions or limitations of liability (including some which limit or exclude liability for death, personal injury, delay and loss or damage to baggage) and other terms and conditions (including restrictions on amendment or cancellation) imposed by the Supplier. In addition, for overseas Suppliers, the law applicable to Supplier Services may differ from the law in Australia, and you may not have the same rights you would in Australia.
Descriptions and Itineraries have been prepared with information received from Suppliers. We are not responsible for any incorrect or inaccurate information contained in Package descriptions or Itineraries where that information has been provided by a Supplier and will not be liable for any loss or damage (including personal injury or property damage) you may incur as a result of a Supplier providing incorrect or inaccurate information about a product or service in your Package. All descriptions and Itineraries are indicative only and may be changed for reasons out of our control. Where there are material changes, we will endeavour to provide you with advance notice.
We reserve the right to procure for you alternate or substitute Supplier Services due to unavailability of the advertised Supplier Services.

4. Bookings

All bookings made via any channel are based upon the current price given by the Supplier at the time the booking is generated.
Any verbal quotes given by us are estimates only that will be subject to a written advice upon confirmation of the booking.
The person carrying out a booking acknowledges that we reserve the right to deny a booking request for any or no reason.
Bookings are non-refundable and non-transferable, except as otherwise set out in these Terms and Conditions, or as agreed by us. Generally, we will only agree to a transfer of a booking where:

you give us no less than 14 days’ notice prior to the commencement of the Package (subject to flights and other third-party requirements);
the person to whom the booking is transferred meets all health requirements and executes all necessary documentation; and
subject to any additional cost charged by Suppliers.

5. Package Exclusions

The following items are not included in the price of your Package, unless we otherwise advise you:

flights to the Destination;
passport and visa charges where applicable;
airport taxes;
items of a personal nature such as hotel drinks, room service, laundry, own meals (unless specified);
baggage charges, excess baggage, personal & baggage insurance, telephone calls and postage;
transfers between airports, hotels, railway stations and piers;
vaccinations, accommodation and meals for mandatory isolation;
Options (as described in clause 10) or additional goods or services you request or accept from a Supplier;
tips and gratuities; and
the cost of anything else not expressly identified as being included in a Package.

6. Prices

Our website is based in Australia and is directed to persons in Australia. All prices are quoted in Australian dollars. Transactions completed outside of Australia will be displayed in Australian dollars through the booking process and charged in local currency at the rate of exchange determined by the credit card holder’s financial institution and may be subject to fees charged by that financial institution.
We reserve the right to correct any errors in rates quoted or miscalculated for any Package or any other product or service quoted on our website or other authorised channel.
All prices and charges are inclusive of Australian GST.

7. Payment, Cancellations & Refunds

Unless clauses 7.2 or 7.3 apply, full payment for your Package is due at the time you make your booking. If for any reason payment does not clear or is rejected, the booking will be cancelled, any partial amount already paid will be forfeited and the appropriate cancellation charges will apply at our discretion. We do not accept refund requests for a change of mind.
At our discretion, we may accept a deposit, as determined by us, to secure a booking, on the condition that the full balance is paid no later than 90 days prior to the commencement of the Package. If for any reason full payment is not made, the booking will be cancelled, any deposit and partial amount already paid will be forfeited and the appropriate cancellation charges will apply in accordance with 7.5.
From time to time, we may accept payment via a third-party platform or payment facility (such as PayPal, or a credit facility such as Zip Pay). If you choose to make payment via a third-party platform or facility, you are solely responsible for determining the suitability of that platform or facility and you must comply with the terms set by the third-party.
Any contact information of third-party payment or credit providers that may appear on our marketing or internet websites are general information and provided for your convenience only. Provision of such details does not amount to a recommendation by us, and you should seek independent advice.
All cancellation requests must be made in writing. If you cancel a booking:

with more than 90 days’ notice from the date the Package commences, then the deposit is not refundable and not transferrable;
with less than 90 days’ notice from the date the Package commences, then the full amount of the deposit and the full remainder of the Price you paid is not refundable and any part of the Price then unpaid is still due and payable to us.

If you cancel with more than 90 days’ notice, or we otherwise agree, you will receive a credit for the full amount you have paid to us for the Price (less any deposit which has been forfeited to us), to be used within 24 months from the original start date of the cancelled Package,
In the event that there is a mandatory government-imposed travel ban, lockdown or quarantine period that you cannot avoid (“Government Action”) and that results in you not being able to arrive at the Destination for the commencement of the Package, and you notify us in writing with supporting documentation, then the Package will be cancelled and you will receive a credit for the full amount you have paid to us for the Price (less any deposit which has been forfeited to us), to be used within 24 months from the original start date of the cancelled Package. Government Action does not include any requirement imposed on you after the Package, or requirements which you could avoid and did not, or with which you have refused or elected not to comply, including but not limited to vaccination requirements.

8. Accommodation and Bedding Information

When you book a Package that includes accommodation, the following terms and conditions will apply to your booking unless we expressly advise you to the contrary:

prices quoted are based on shared occupancy in existing bedding in most hotels, unless otherwise stated in the description of your Package, or as agreed with you.
any incidental charges such as phone calls, room service, additional bedding, room upgrades or any additional surcharges are not included in the price of your Package and must be paid by you directly to the Supplier;
passports and a deposit (via cash or credit card) may be required at check-in;
there is no smoking and no vaping permitted in rooms and in areas designated as such by the accommodation management; and
you acknowledge and agree that standards of accommodation, utilities, and services in addition to general living standards and practices at the Destination may be different from those of Australia.

We will take reasonable steps to accommodate your room-sharing requests and room you with persons in your party, this may not always be possible. In particular, your party may be split up and you may be required to share a room with other customers. We cannot guarantee that you will be placed in a single gender room or any particular room of your choice.
If hostel-type accommodation is indicated on the Package or Itinerary, rooms will be shared and may be gender-segregated. You may in such a situation, also be required to share the room with persons who are not on the Itinerary.

9. Maps and Photographs

Maps are shown for general information and may not reflect actual routings, locations or services provided. While photographs may display places in geographic areas, events, activities and services, they are not necessarily included in any Package.
Photographs reflecting accommodation may not be specific to the actual room assigned upon check-in.

10. Options

During the course of the Package there may be opportunities for you (at your discretion) engage in options provided by third-parties (“Options”). Such Options are at your sole risk, and we will not be responsible for any loss, damage, personal injury or death that may occur outside the services organised by us in accordance with the Package and Itinerary.

11. Compulsory Insurance

It is a condition of this agreement and a requirement for you to obtain and maintain travel insurance for the entirety of the Itinerary, covering at least loss or damage to personal baggage; loss of money; personal injury and death; and emergency medical expenses incurred during travel. You may wish to also take out cover for pandemic-related risks such as mandatory isolation. You must provide us with proof of insurance before commencement of the Itinerary or on our request.
If you breach 11.1, we or the Host may, without limiting any of our other rights, immediately terminate this agreement and your participation in the Itinerary without refund or compensation, and require you to leave at your sole cost.
Any contact information of insurers that may appear on our marketing or internet websites are general information and provided for your convenience only. Provision of such details does not amount to a recommendation by us, and you should seek independent advice.

12. Passports and visas

You are solely responsible for the following:

ensuring you meet all passport, visa (including any and all transit visas) and health requirements which are relevant to your Package; and
ensuring your travel documentation is correct.

Many countries require that foreign nationals entering must hold a passport with at least six (6) months validity remaining. You are responsible for ensuring you meet these requirements.
We will not refund or reschedule a Package if you fail to obtain all necessary travel documentation or if you are denied boarding or entry to the Destination.

13. Your conduct

You are solely responsible for your personal safety and that of your belongings throughout the Itinerary.
It is your sole responsibility to ensure you arrive at the Destination, and the place at which the Itinerary, and each part of the Itinerary commences. Hosts are unable to delay Itineraries and will not wait for late arrivals.
You agree that it is a condition of these Terms and conditions that at all times during the Itinerary you:

comply with all:
(i) reasonable requests or directions by the Host or Supplier;
(ii) terms and conditions applicable to an event or activity;
(iii) safety directions; and
(iv) applicable laws;
will not:
(i) possess, use or distribute any illegal substances including but not limited to controlled drugs;
(ii) drink alcohol to excess;
(iii) smoke or vape in any area in which it is not permitted;
(iv) behave in a manner which is abusive, harassing, intimidating, offensive, threatening or violent; or
(v) by your act or omission, cause or contribute or be likely to cause or contribute to endangering the safety or well-being of any person.

If you breach 13.2, we or the Host may, without limiting any of our other rights, immediately terminate this agreement and your participation in the Itinerary without refund or compensation, and take any other steps to ensure that the safety of other customers is preserved, including requiring you to leave at your sole cost.
You indemnify us for any and all loss, claim or damage (including legal costs on a full indemnity basis) in connection with your breach of 13.2. This clause 13.4 binds your estate and successors.

14. Health declaration & customers with special needs

Packages are designed for healthy individuals with good physical fitness levels. Activities are strenuous and physical in nature, and may involve a degree of risk as set out in our Waiver and Limitation of Liability Agreement. By making a booking you are declaring that you have no physical or mental disability, or illness, disease or pre-existing condition that would:
(a) affect your ability to participate in all or part of the Package or Itinerary;
(b) cause danger to yourself or others; or
(c) cause loss or damage to yourself or others.
A breach of this declaration will entitle us to immediately terminate the agreement without refund or compensation and require you to leave at your sole cost.
You agree to indemnify us against all losses, claims and suits, as well as for damages whether direct or indirect, caused by your breach of 14.1.
While we welcome and will do our best to accommodate customers with special needs (including dietary and allergy requirements) or physical limitations, this may not always be possible given that Supplier Services are out of our control. In particular accessibility, allergy compliance and safety cannot be guaranteed. We encourage you to speak to us before making a booking if you have such requirements.
Even where we are able to accommodate customers with special needs or physical limitations, we are unable to:
(a) provide personalised care or assistance services;
(b) substitute or modify Supplier Services;
(c) credit or refund you for any unused Supplier Services; or
(d) guarantee or ensure that any Supplier, event, activity or venue will be able to meet your needs, even if disclosed to us and you receive a confirmation from us to that effect, since these are matters outside of our control.

15. Limitation of Liability

Subject to the provisions of this clause 15, you agree that neither we nor any of our employees, representatives or agents shall be liable to you or any other person for any loss, injury, or damage whatsoever to any person or their personal property or additional expenses or any distress, disappointment or inconvenience arising out of or in connection with the offer and/or supply of goods or services by us or by any Supplier (including but not limited to the supply of accommodation, transportation or other services), resulting directly or indirectly from any events or acts or omissions which are beyond our control, including but not limited to, delay or cancellation of events, activities or other Supplier Services, negligence of third-parties, war, civil commotion, fire, floods, acts of God, pandemic, act of government or other authorities, industrial action or accident or failure of machinery or equipment.
If the Competition and Consumer Act 2010 (Cth) or any similar law applies and an implied condition or warranty cannot be excluded under these Terms and Conditions or the Waiver and Limitation of Liability Agreement, our liability will be limited, at our discretion, to either a refund or the replacement or resupply of the affected goods or services.
Subject to the Waiver and Limitation of Liability Agreement, where you are supplied with goods or services, you have certain rights under the Australian Consumer Law, known as ‘consumer guarantees’. These rights include guarantees that the goods supplied:
(a) will be of acceptable quality;
(b) will be reasonably fit for any purpose made known to us before we supply them to you; and
(c) will correspond with any description, sample or demonstration model.
The consumer guarantees also guarantee that the services supplied by us:
(a) will be carried out by us with due care and skill;
(b) will be fit for the purpose disclosed; and
(c) will be supplied within a reasonable time.
15.4 and 15.5 are a summary of some of your rights under the Australian Consumer Law. It is not exhaustive and is not legal advice. Nothing in this document is intended to override or limit any rights you have under the Australian Consumer Law.
Nothing in these Terms and conditions operates to limit or purports to limit any consumer rights which you have and which cannot be contracted out of (including any Australian State or Territory consumer protection legislation).
To the extent permitted by law, there will be no refund, credit or exchange for any unused services once travel on your Package has commenced.
Under no circumstances will we be liable for any indirect or consequential loss or damage however occasioned, whether or not we have been notified of the likelihood of that loss or damage occurring.

16. Privacy

We will manage your Personal Information in accordance with this clause 16. The information we collect may include:
(a) your full name;
(b) contact details and address;
(c) travel documentation details;
(d) details of emergency contact persons; or
(e) information relating to your unique requirements such as your allergies, dietary needs or physical limitations.
We are required to collect your Personal Information in order to process your booking for a Package, and to communicate with you about your booking. If we cannot collect from you the minimum amount of Personal Information required to complete your booking, it will not be able to process your booking for a Package and a contract is not formed with us.
We will collect your Personal Information directly from you or from the person making the booking on your behalf.
We will store your Personal Information securely and take all reasonable precautions to prevent unauthorised access.
We will only share your personal information with Suppliers and third-parties where relevant for the purpose of your booking, the Package or the Itinerary.
Subject to clause 17, your information will be deleted once it is no longer required, though there may be legal requirements to retain some of the information as part of our business records.

17. Marketing

You consent to receiving electronic messages marketing communications from us containing marketing and promotional material. We will use your name, contact details and addresses we have on file for this purpose.
We may contact you by text message, email or other digital service (such as through an application that you install on your mobile device, Facebook message or other direct messaging service), phone or post to let you know about our promotions or any new or existing products or services, and those of our Suppliers, that may be of interest to you.
You agree we may take photographs and videos of you and use any feedback you provide for use in promoting our business. We own the intellectual property in all the photographs and videos we create.

18. Complaints

You have a separate contract with each Supplier for the Supplier Services. As such, you should direct any complaints relating to Supplier Services to those Suppliers directly.
Any complaints in relation to this agreement, Host services or the services we provide to you should be made in writing to us. You agree that before the commencement of any court, tribunal or similar proceedings, you will first attempt to mediate the dispute with us in good faith. Mediation will be conducted in Melbourne, Australia by a single mediator approved by both parties. The cost of the mediation will be borne equally.

19. Our website

When you visit website we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.
Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
Our website may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information

20. Miscellaneous

These Terms and Conditions are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and agree that they will not object to such jurisdiction on the basis of forum non conveniens.
These Terms and Conditions may be varied by us with 30 days’ notice on our website.
Should you have any queries or require any further information on these Terms and Conditions, please send an email to: info@dangerousgoodstours.com.au.