Tour Booking - Terms & Conditions
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When booking with Sportsbus Pty Ltd, the Customer acknowledges that they have read, understood and agree to accept these Terms and Conditions.
In the following terms and conditions, ‘the Company’ refers to Sportsbus Pty Ltd, ‘the Customer’ and/or ‘the Hirer’ refers to the person and/or organisation making the booking and ‘the Host’ refers to the driver/host of the tour.
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1. Our agreement
If you wish to book (“Booking”) a tour (“Tour”) with Sportsbus Pty Ltd (“Tour Operator”) then you (“the Customer”) agree that the following terms and conditions shall apply:
These booking terms and conditions become the contract between you and Sportsbus Pty Ltd (ABN 46367001738) (“us”, “we”, “our”) when you make a booking with us for a tour provided by us. The relevant tour name will be the one identified in the booking documentation provided to you in connection with your booking.
2. Our Service
Sportsbus Pty Ltd through the information on our website aims to publish the most accurate, up-to-date information possible regarding costs, dates and times of the tours listed; this information is bound to change frequently. While Sportsbus Pty Ltd undertakes all efforts to update operator information as they occur this is not always possible as quickly as we would like. We therefore cannot guarantee the accuracy of this material and suggest that you use it as a guide only in making your selection.
3. Payment
You are required to pay a non-refundable deposit of 10% of the total tour cost for your booking to be confirmed, with the remaining balance due at the specified time in the tour information details, or no less than 30-days prior to your tour date. If your booking is made within 30 days of the tour date, then the full amount is payable at the time of booking.
Payment methods will be applied in accordance with only those offered by Sportsbus Pty Ltd. Typically, this is via bank transfer.
4. Change of itinerary
For operational or unforeseen reasons, we may need to operate substitute vehicles or change the date or time of your tour. If this occurs, we will give you as much notice as possible of any such changes. If you cannot participate in a re-scheduled tour, then we will give you a full refund.
5. Fees and surcharges
Our tour prices can be subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our tour prices may vary at any time in accordance with demand, market conditions and availability. Your best option if you like the price you see is to book at that time. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply.
6. Cancellation by the traveller
If you cancel some or all portions of your booking, cancellation fees may apply. A cancellation will only be effective when we receive written confirmation of the cancellation. You are required to pay a non-refundable deposit at the time of booking.
If you fully / partially cancel a booking:
• (a) 28 days or more prior to your tour date, we will hold the deposit amount as a credit; or
• (b) 27 days or fewer prior to tour date:
o we will hold 50% of the monies paid by you in connection with the booking as a credit and return the remaining 50% of monies paid by you in connection with your booking; or
• if the cancellation is due to you having COVID-19/ “flu-like symptoms”, supported by a medical certificate, we will hold 100% of monies paid by you in connection with the booking as credit.
Note: that different cancellation conditions including higher charges can apply to some styles of tours and additional services. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you fail to join a tour without reason, join it after departure, or leave it prior to its completion, no refund will be made for unused services. The above cancellation fees may be in addition to fees which may be levied by accommodation providers, travel agents or third-party tour and transport operator fees.
7. Cancellation by us
We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary.
• If we cancel your tour due to reasons other than a force majeure event you will receive a full refund.
• If we cancel your trip due to a force majeure event you will receive 100% credit to use for a future trip or a refund, less unrecoverable costs.
All credits will be valid for 12 months from the original tour date of the booking.
8. Booking amendments
If you wish to transfer amend your booking you must notify us at least 30 days prior to the proposed tour date. If you notify us less than 30 days prior to the proposed departure date the refund policy applicable to cancellations will apply, unless otherwise agreed by the management of Sportsbus Pty Ltd. Amendments to any other arrangements made in conjunction with your tour may incur an administration fee per booking per change. This fee is in addition to any charges levied by any of the other service providers. No amendments are permitted to your booking within 10 days of departure.
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9.Information from you
Please advise us of any specific requirement you have in regards to the tour, including dietary, ailments, additional equipment or luggage, etc at the time of booking and when you reconfirm your tour. Failure to do so may result in us being unable to accommodate your requirements on the day of your tour.
Personal information is collected and managed in accordance with our privacy policy.
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10. Inclusions
The land price of your trip includes:
• all accommodation as listed in the Trip Information
• all transport listed in the Trip Information
• all tour events and meals as listed in the Trip Information
• the services of a tour host as described in the Trip Information.
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11. Exclusions
The land price of your trip does not include:
• international or internal flights unless specified
• airport transfers, taxes and excess baggage charges unless specified
• meals other than those specified in the Trip Information
• visa and passport fees
• travel insurance
• optional activities and all personal expenses.
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12. Travel insurance
Travel insurance is highly recommended for all our tours and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses, and emergency repatriation. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You are responsible for your own travel insurance and Sportsbus Pty Ltd is not liable for any insurance claims.
13. Authority on tour
Our group trips are run by a Sportsbus host. The decision of the host is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the tour. If you fail to comply with a decision made by a host or interfere with the well-being or mobility of the group, the host may direct you to leave the tour immediately, with no right of refund. We may also elect not to carry you on any future tours booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of respective jurisdictions, and you also agree to travel in accordance with our responsible travel guidelines.
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14. Acceptance of risk
You acknowledge that the nature of the tour is adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks’ attendant upon such travel.
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15. Host Hours
Driver’s Hours (Fatigue management) and rest periods are strictly regulated by Australian state and federal government law and the Hirer accepts responsibility for timings agreed at confirmation of booking. The Hirer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the Driver to breach Driver’s Hours regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the hirer agrees to pay any additional costs incurred.
If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law. Where delays do occur, the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services unless they are due solely to the negligence of Sportsbus.
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16. Passenger Conduct
It is incumbent upon the Hirer and the Hirer’s party to behave in a proper manner for the duration of their tour. The Host is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the vehicle or the vehicle itself.
In such event, at the Host’s sole discretion, the tour may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.
Any damage caused to the vehicle by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all costs related thereto
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17. Limitation of liability
We are not responsible for the acts and omissions of third parties. To the fullest extent permitted by law:- any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;- you release us and our officers, employees, agents and representatives 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 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. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
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18. Optional activities
Optional activities not included in the tour price do not form part of the tour or this contract. You accept that any assistance given by your host or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
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19. Claims & complaints
If you have a complaint about your tour, please inform your host or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour.
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20. 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 survive and continue as binding.
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21. Photos and marketing
You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes. If you do not grant this permission, you must indicate this on the official (signed) Booking form.
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22. Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the tour. We will otherwise treat your details in accordance with our privacy policy (available for viewing on our website).
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23. Applicable law
The laws of Victoria, Australia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a tour or these Booking Conditions must be initiated in the courts of Victoria, Australia.
24. Be COVID-safe
In response to the global corona virus health crisis, we have made some changes to how we operate. The health and safety of our guests, staff and community remain our top priority and as such we will continue to follow all Government and health department directives to ensure we minimise risk. We ask that all guests check the Victorian Government website for information regarding any current travel restrictions prior to making any bookings. All guests are strongly recommended to download the Australian Government’s covid-safe app prior to travel with us. Extra precautions are being taken regarding catering preparation and allocation. All guests will be asked to sanitise their hands every time they board the vehicle and all vehicles will be undergoing additional cleaning and sanitising after all trips. All guests must be free of any cold or flu like symptoms, those displaying symptoms will not be permitted to board. Any guests who have booked travel and which fall ill are asked to contact our team to advise as soon as possible.
25. Feedback
We welcome feedback from all of our customers. Feedback on tour can be given to your tour guide. If wish to provide feedback after your tour please contact us by email on admin@sportsbus.com.au or by telephone on 0418772922.
26. General
These terms and conditions are governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that place.
If any provision set out in these terms and conditions is unenforceable or void by law then it is to be severed from these terms and conditions. The remaining provisions will remain in full force an effect provided that the severance of the relevant provision has not materially altered their intended operation.