AIR ADVENTURE AUSTRALIA PTY LTD (ABN 57 005 474 859)
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions contain important terms affecting your rights and you should read these General Terms and Conditions carefully. Your attention is drawn to the following terms:
2. Customer Guarantees – Air Adventure is not liable for any loss or damage arising from or in connection with the supply of, or failure to supply the Tour except to the extent the loss or damage is a foreseeable result of Air Adventure’s failure to meet an applicable Consumer Guarantee.
3. Reservations, Cancellation Charges and Third-Party Bookings – Your deposit is non-refundable if you cancel your booking 60 (or more) days before departure and other charges may become non-refundable depending on when you give notice of cancellation of a Tour.
5. Unacceptable Conduct – Subject to any applicable laws, Air Adventure reserves the right to terminate our contract with you, without payment of any compensation to you whatsoever (including refunds or compensation for loss or damage), whether before or after the commencement of the Tour if your conduct is unacceptable to us or our guests.
6. Limitation of Liability – Air Adventure is not liable for any loss of or enjoyment of your Tour that is not within its reasonable control. Air Adventure will not be liable to you for any costs, loss, or damage except to the extent that it has been caused as a direct result of our negligence, fraud or wilful misconduct in the provision of our services and the Tour to you, and/or to the extent the loss or damage caused is a foreseeable result of Air Adventure’s failure to meet an applicable Consumer Guarantee. Our total liability to you is limited to the re-supply of the services, or the payment of the cost of re-supply of the services.
7. Travel Insurance & Own Risk – If you participate in activities such as trekking, swimming, golf and snorkeling, you do so entirely at your own risk, without any liability to us, unless your death or injury is due to our gross negligence.
9. Booking Conditions – Air Adventure reserves the right to cancel any Tour if the minimum number of passengers required to operate the Tour is not reached. We will refund any deposit paid in full.
10. Privacy – We may collect and keep your personal information and provide it to other parties such as airlines, other transport operators, hoteliers, customs agencies and the like, in connection with providing you with our services.
16. Special Terms and Condition – International Tours – Air Adventure has further special terms and conditions relating to International Tours which includes varied pricing and payment terms and conditions.
1. Important Terms
1.1 These General Terms and Conditions apply to your booking with us and form the basis of the contract between you and Air Adventure Australia Pty Ltd (ABN 57 005 474 859) (Air Adventure, we, us, our). For the avoidance of doubt, these General Terms and Conditions apply to all Tours (including International Tours to the extent applicable) provided to you by us.
1.2 We may update and amend our General Terms and Conditions from time to time. Please check our website for the most current version or contact us and we will provide it to you. You may also need to acknowledge and agree to the terms and conditions of other providers or operators in connection with your Tour and we will, wherever possible, direct you to those terms and conditions prior to your departure.
2. Consumer Guarantees
2.1 Your booking may be subject to guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law). Certain guarantees and warranties apply to the supply of goods or services provided to you as a consumer, such as:
(a) Guarantee as to the services being provided with due care and skill;
(b) Guarantee as to fitness for a particular purpose; and
(c) Guarantee as to a reasonable time for the supply of the service (“Consumer Guarantees”).
2.2 If our services are not provided in accordance with a Consumer Guarantee, you may have the right to a remedy under the Australian Consumer Law. For more information on the Australian Consumer Law, we suggest you go to the ACCC website and/or seek independent legal advice.
2.3 To the maximum extent permitted by law and subject to clause 7, you acknowledge and agree that all terms, guarantees, warranties, representations or conditions which are not expressly stated in these General Terms and Conditions are excluded.
3. Reservations, Cancellation Charges and Third-Party Bookings
3.1 If you make a Reservation with us, we will assume that you have read and accept these General Terms and Conditions as forming the basis of our contract with you.
3.2 Your Reservation will be held for a maximum of 48 hours pending receipt of a completed booking form and a deposit (percentage applicable to your tour). Please note that the deposit is non-refundable.
3.3 Upon receipt of the booking form and deposit, you will receive a Reservation Confirmation. Please advise us of any errors in your Reservation Confirmation within 24 hours of receipt otherwise changes to your Reservation may not be possible and administration fees may apply to any such changes to your name, date(s) of travel and/or your itinerary.
3.4 The balance of your payment and the balance of your personal details and any other travel requirements is required [60] days before departure and a reminder will be sent to you prior to this. If your payment is not received by the due date the Reservation may be treated as cancelled andmay be subject to Cancellation Charges set out below. All fees are in Australian Dollar currency (except for International Tours which are in United States Dollar currency or if stated otherwise) and supersede all prices previously advertised. Credit Card surcharges will also apply.
3.5 Cancellation Charges
Deposit ……………. Non-refundable
30–59 days before departure ………… 50% of total Reservation cost
Less than 30 days before departure ….. Full Reservation price
3.6 If we book a third party airline on your behalf as part of your Reservation with us, we are not responsible for any cancellations, delays and/or changes by the third party airline. However we will do our best to assist you to find an alternative travel arrangement whenever possible. Where an alternative travel option is not available or you refuse the alternative arranged for you, we will have no liability to you whatsoever for any losses resulting from that cancelled, delayed or otherwise
changed third party reservation.
3.7 It is your responsibility to book connecting flights to and from your point of departure and to ensure that sufficient time is available for any delays or cancellations which may arise as a usual part of airline travel.
4. Prices and Inclusions
4.1 All prices quoted in our brochures, including fares, and Tour costs (including International Tours costs), are those current at the date of publication and are subject to variations including, but not limited to, when there are tariff or fare variations, currency fluctuations, fuel surcharges, airline charges and/or changes in government taxes and charges. The most current pricing is available on our website however prices will be confirmed at the time of booking.
Where there is a material increase in fuel costs or other external costs beyond our reasonable control, Air Adventure may apply a fuel surcharge to your booking. Any such surcharge will be calculated by reference to the additional fuel cost applicable to the operation of your Tour, apportioned on a per passenger basis, and will reflect only a portion of the increased cost, with Air Adventure absorbing part of the increase. We will notify you of any applicable fuel surcharge as soon as reasonably practicable after it has been determined. Where possible, we will aim to provide an estimate in advance; however, due to volatility in fuel pricing, the final amount may not be confirmed until closer to departure. If any fuel surcharge exceeds 5% of the total Tour or International Tour price, you may cancel your booking and receive a full refund of all monies paid, provided you provide us with written notice of such cancellation within 7 days of being notified of the excess fuel surcharge.
4.2 We have listed the items included in the price in the “Inclusions” section of the itinerary. Not included are items of a personal nature, such as laundry or gratuities (tips), drinks at bars, mini bars etc; and all extra communication charges incurred on a client’s behalf. Note: Laundry & gratuities (tips) are included in most of our African Tours unless stated otherwise (see clause 16: Special Terms and Conditions – International Tours).
4.3 Baggage on the Tour is restricted to 10kg per person plus a small carry-on bag (2kg) for Australian Tours. For Australian golf tours the total luggage allowance is 18kg per person (including golf clubs) when flying on one of our private charter aircraft. Bags must be soft- sided sports or duffel bags – no hard suitcases. Golf clubs to be in a mid-size stand bag (which will be supplied if required). Over-limit luggage cannot be carried. Loss or damage to Baggage is at ‘owners risk.’ Dangerous Goods are not permitted on our Tours. When your booking involves flights on another commercial carrier, please refer to the baggage restrictions and guidelines applicable to your booking and fare class with them.
4.4 Please also note that commercial airline baggage allowances may be more restrictive than the Tour’s Baggage allowance requirements set out above. It is your responsibility to adhere to the relevant requirements under the applicable Conditions of Carriage of the relevant carrier on which you are travelling in advance of, or post, your Tour with Air Adventure.
4.5 If you have booked a golf Tour, upon receipt of your booking confirmation you must review your itinerary to ensure your arrangements are correct. If you would like to make any alterations to the itinerary, please let us know immediately. The courses and our ground operators get very busy through the peak golf season so it may not be possible to make changes closer to your departure. Date change fees apply, and changes after your final itinerary has been issued will incur the below
fees.
(a) after deposit paid = a fee of $100 per person for any date change, plus any applicable commercial airline or ground supplier change fees and/or fare differences.
(b) after the final itinerary has been issued = a fee of $100 fee per group (regardless of group size) for any changes, including but not limited to tee times, dinner times or switching courses.
Payment via credit card is required prior to any changes being made and credit card fees apply. Fees are inclusive of GST.
5. Unacceptable Conduct
5.1 You agree to accept the authority and decisions of Air Adventure, our employees, Tour managers, our agents and any other third parties we engage (our Personnel) whilst on a Tour with us. For the safety and comfort of our passengers and others, you must always follow all reasonable directions while you are on a Tour with us and treat all Personnel and other guests with respect at all times.
5.2 Subject to any applicable laws, we reserve the right to terminate our contract with you, without payment of any compensation to you whatsoever, whether before or after the commencement of travel, and exclude you or any passenger(s) travelling with you on the Tour if, in our reasonable opinion or the reasonable opinion of our Personnel, you or the passengers you are travelling with appear likely to endanger the health or safety, or impair the comfort or wellbeing of, other passengers or yourself. In addition, you will not be permitted to embark, or continue, on a Tour while your mental or physical condition is, in the reasonable opinion of Air Adventure or its Personnel, able to render you incapable of caring for yourself, or whereby you become objectionable to other passengers, or you become a hazard to yourself or other passengers. If any of your conduct causes us or our Personnel any concern, where it is practical to do so, we will provide a warning to you so that you may correct your conduct before we take any action. Without limiting the above, this clause applies to behaviour that is determined by us to be abusive, aggressive, threatening or inappropriate toward our Personnel, third-party suppliers or other passengers, or behaviour that disrupts the Tour or negatively impacts the experience of others.
5.3 If you conduct yourself in an unacceptable manner as described above, we reserve the right to expel you from all or part of the Tour at the next reasonable opportunity and you will be suspended from participation in the Tour until you are expelled at a safe location. We will not be liable for any loss, costs, or damage you may incur associated with your removal from the Tour under these circumstances nor will we be liable for any refund to you of the fees paid to go on the Tour. If you are expelled from the Tour, you must make your own travel and other arrangements at your own expense as you will no longer be a part of the Tour group.
6. Limitation of Liability
6.1 Nothing in these General Terms or Conditions is intended to:
(a) exclude, restrict, or modify the application of any provision of any applicable laws such as the Australian Consumer Law; or
(b) waive any exclusion or limitation of liability that we may be entitled to rely upon pursuant to any applicable laws nor concedes any defence available to us under
any applicable laws.
6.2 Whilst Air Adventure will take all reasonable steps to provide an enjoyable tour, subject to any applicable laws such as the Australian Consumer Law, we accept no liability for any loss of enjoyment experienced by passengers due to circumstances beyond our reasonable control.
6.3 To the maximum extent permitted by law and subject to clause 2, you agree that we will not be liable to you for any costs, loss, or damage whatsoever in the provision of services and the Tour pursuant to these General Terms and Conditions except to the extent that:
(a) such costs, loss, or damage is caused as a direct result of our negligence, fraud or wilful misconduct arising directly out of our provision of services to you; and/or
(b) the loss or damage is a foreseeable result of Air Adventure’s failure to meet an applicable Consumer Guarantee referred to in clause 2.
6.4 Where liability of Air Adventure has not been effectively excluded by these General Terms and Conditions, by law or otherwise, Air Adventure’s total liability to you pursuant to these General Terms and Conditions is limited to the re-supply of the services, or the payment of the cost of re-supply of the services, and any liability for indirect or Consequential Loss incurred by you or any third party is excluded.
7. Travel Insurance & Own Risk
7.1 We do not provide travel insurance. We strongly recommend that you obtain comprehensive travel insurance to cover you against things such as personal illness
(including infectious diseases), accident, cancellation, loss or damage of baggage etc. If you do not obtain appropriate travel insurance, you may not be able to recover your costs if there is a cancellation. Unfortunately, it is necessary for us to strictly enforce our own cancellation policies as the reservations we make on your behalf with other operators are also subject to strict cancellation fees.If you choose not to obtain travel insurance, you acknowledge that you are responsible for any losses you may incur, including cancellation fees, medical costs or additional travel expenses.
7.2 Tours with activities
On Tours that include activities such as trekking, swimming, golf and snorkelling, you accept that degrees of risk are involved and such activities are undertaken at your own risk. WARNING: If you participate in these activities your rights to bring any action or proceedings against Air Adventure pursuant to either the Australian Consumer Law and/or Fair Trading Act 2012 (Vic) in circumstances where you are killed or injured, on the basis that the activities were not supplied with
due care and skill and/or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.
NOTE: The change to your rights, as set out in or in this notice, does not apply if your death or injury is due to gross negligence on our part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act
2012.
8. Dealing with our Agents and Operators
8.1 Our Tours include (and your Itinerary applicable to your Tour will reflect) the services of operators other than Air Adventure eg. hoteliers, airlines, other transport companies and optional Tour excursions, which are not under our direct control. Whilst we take all reasonable care in selecting these operators, we cannot accept responsibility for those operators’ conduct or the conduct of their representative employees or agents or for any ramifications of that conduct. The operators’ own terms and conditions will apply in respect of their provision of services and some third party operators may require you to sign their independent waiver documentation. We urge you to check their websites to review their requirements prior to your departure.
9. Booking Conditions
9.1 It is the responsibility of the passenger to provide us with accurate information in the booking process. Any errors in names resulting in change fees will be passed on to the passenger.
9.2 Every effort will be made to follow the itineraries described in our brochures. However, on some occasions, it may be necessary for the itinerary to be amended due to operational requirements, weather conditions, cultural reasons or any other factor that may adversely affect maintaining the published itinerary. We reserve the right to make such amendments to the itinerary and any such changes will always be made in the interests of your comfort and safety, and so far as is reasonably
practicable, we will use our best endeavours to ensure such changes are of an equivalent interest or standard.
9.3 We reserve the right to cancel any Tour if the minimum number of passengers required to operate the Tour is not reached; if we do cancel a Tour for this reason, any deposits paid will be refunded in full. Alternatively, after consultation and agreement with you, we may transfer you to another departure with similar inclusions.
9.4 It is the responsibility of the passenger to supply an accurate body weight as part of the booking process and to adhere to Baggage weight restrictions (see clause 5: Baggage allowance above). In order to comply with the Aircraft’s operational specifications, if you weigh more than 135kgs, you may not be able to travel with us as the Aircraft cannot safely operate beyond these weight restrictions. In these circumstances, please contact us before making a booking with us.
9.5 Force Majeure / External Events
Air Adventure is not liable for failure or delay in performing its obligations where such failure or delay arises from events beyond our reasonable control, including but not limited to pandemics, epidemics, outbreaks of infectious disease or public health emergencies, quarantine requirements or travel restrictions, government directives, actions or border closures, war, fuel shortages or supply disruptions caused by war, civil unrest or terrorism or natural disasters.
Where such an event occurs, we may modify, postpone or cancel the Tour (including International Tours). If a Tour or International Tour is cancelled in these circumstances, we will use reasonable endeavours to recover amounts paid to third-party suppliers and may offer, at our discretion, a credit, transfer to an alternative departure, or a refund of amounts recovered less any unrecoverable costs.
10. Privacy
10.1 In order to provide our services to you, we collect personal information about you (and this may include health information). We collect this information to provide services to you, contact you, process your Tour Reservations, and for marketing, administrative, and legal purposes. If this personal information is not provided, we may not be able to provide you with the services you request.
10.2 By accepting our General Terms and Conditions, you acknowledge that we may keep your personal information and provide it to other parties such as airlines, other transport operators, hoteliers, customs agencies and the like, in connection with providing you with our services.
10.3 By participating in a tour with us, you acknowledge and agree that photographs, video recordings, or other media may be taken during the course of the tour.
You grant Air Adventure Australia a perpetual, royalty-free, worldwide, and irrevocable licence to use, reproduce, publish, and display such images and recordings in which you may appear, for marketing, promotional, and commercial purposes. This includes, but is not limited to, use on websites, social media platforms, brochures, advertisements, and other promotional materials, in any media format now known or developed in the future. You acknowledge that you will not be entitled to any payment, compensation, or royalties for the use of such images or recordings. If you do not wish to be photographed or recorded, you must notify us in writing prior to the commencement of the tour or inform your tour leader at the start of the tour. While reasonable efforts will be made to respect such requests, we cannot guarantee that you will not appear incidentally in images or recordings. All personal information collected and used in connection with images and recordings will be
handled in accordance with our Privacy Policy and applicable Australian privacy laws.
10.4 We collect personal information in accordance with our Privacy Policy, which is available on our website here for outback tours and for golf tours.
11. Aircraft Availability
Our primary Aircraft is a Pilatus PC-12 turboprop and will be operated by Armada Aviation Pty Ltd, who carry an Air Operator’s Certificate. In the event of unserviceability of the Aircraft, it may be necessary to substitute an aircraft to maintain the advertised itinerary. We reserve the right to utilise any type of twin-piston, single-turbine or twin turbine Aircraft. At all times the Aircraft used will be of a similar standard and will be certified to meet the strict conditions laid down by Australia's Civil Aviation Safety Authority (CASA) or equivalent regulators. Where possible this will be made clear to you prior to departure.
12. No Variations
These General Terms and Conditions cannot be varied, altered or waived without the express written agreement of the parties.
13. General
If you are not happy with your Tour or something which occurs on your Tour, we ask that you please contact your Tour Leader or our Australian office at the time the issue arises so that we may use all reasonable endeavours to resolve the issues and/or settle any dispute with you prior to engaging in any form of legal action.
14. Governing Law
These General Terms and Conditions and any dispute arising out of or in connection with the subject matter of these General Terms and Conditions are governed by the laws of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from them in respect of any proceedings arising out of or in connection with this Agreement.
15. Definitions
“Aircraft” means the aircraft that we operate or the aircraft that our subcontractors operate on our behalf.
“Australian Consumer Law” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Baggage” means any personal luggage that you bring with you (including golf clubs) that you take on the Tour, subject to the limitations in these General Terms and Conditions.
“Consequential Loss” includes loss of or damage to any of the following: revenue, income, business, profits, production, goodwill or credit, business reputation, future reputation or publicity, use, interest, credit rating, anticipated savings and/or opportunities whether direct, indirect or consequential; as well as losses arising from claims by third parties and any other loss, expense, damage or cost incurred by a party or any other person that is special, indirect or consequential.
“Dangerous Goods” means items which are likely to endanger the Aircraft or persons or property on board the Aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations.
“General Terms and Conditions” means these terms and conditions.
“International Tours” means any Tour outside of Australia, including but not limited to Africa.
“Tour” means the whole of the tour performed or undertaken to be performed by us under these General Terms and Conditions.
16. Special Terms and Conditions – International Tours
By completing this booking process and payment of a deposit, you agree to the Air Adventure General Terms and Conditions for booking and carriage.
16.1 You must hold a valid passport with at least six (6) months’ validity remaining beyond your intended date of return to Australia.
16.2 You must ensure that you have obtained entry visas (if applicable) for the countries to be visited on the International Tour. If you do not have a valid entry visa or the correct documentation, you may be denied entry to the country, and it may affect your ability to participate in certain International Tour activities. You will be responsible for any costs associated with not having a valid entry visa or the correct documentation including costs incurred in rejoining the International Tour if applicable.
16.3 We recommend that you consult your doctor regarding medications and vaccinations at least six (6) weeks prior to travel.
16.4 Government Safety Warnings
You are responsible for making your own inquiries regarding your International Tour, including being aware of any relevant government travel safety warnings (including requirements for any immunisations to satisfy visa entry requirements), such as those issued by the Australian Department of Foreign Affairs and Trade.
16.5 Price Inclusions
Laundry & gratuities (tips) are included in the price of our African Tours unless stated otherwise.
16.6 Payment
Full payment for International Tours are due (90) days prior to departure.
16.7 International GST
The international travel portion is a GST-free supply under ATO export rules.
