Terms & Conditions

 BOOBOOK Explore Terms and Conditions

Please take the time to read and understand the terms and conditions set out below prior to booking a trip with Boobook Explore as they set out your respective rights and obligations.

By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read, understand and agree to these booking conditions which are also available on our website: www.boobookexplore.com.au

From time to time these terms and conditions may be updated without notice to you. It remains your responsibility to access and check these terms and conditions prior to making a booking.

Reference to Boobook and Boobook Explore, ‘we’, ‘our’ and ‘us’ means Boobook Enterprises Pty Ltd (ABN: 88 146 003 438) and Boobook Enterprises Pty Ltd ATF CP & MF Eddie Family Trust, trading as BOOBOOK (ABN: 94 617 952 309).  Our contact details are phone: +61 7 4622 2646 or email:

Definitions

The following words and expressions will have the following meanings for all third-party bookings:

Accuracy of Information

While all the information in our brochures and on this website is correct at time of publication, you understand that some details could possibly change. Please check at time of booking or contact Boobook Explore for assistance.

Pictures used in tour brochures, website or other promotional materials represent typical scenes however it is possible that the particular subject matter may not be seen on tour.

Group Bookings

Customers may engage Boobook Explore to offer touring services including providing or sourcing accommodation, transportation, vehicles, staff/guides, catering and other tourist services.   A separate written quote will be provided for group bookings.  Group bookings are generally reserved for groups of 10 or more people.

 Services

Boobook Explore will endeavour to provide you with all the services confirmed to you at the time of your booking, however, on occasions changes do have to be made. As such we reserve the right to make changes as we deem necessary at any point up to departure and whilst on tour for the overall good of the tour, including some services that maybe booked by third party operators.

The Customers and Passengers agree to have no claim against Boobook Explore for any variation to the tour where reasonable changes are made or a third party is involved.

Disruption to Itinerary Arrangements

Itineraries are intended as a guide only and are subject to alteration without notice. Alterations may be necessary for various reasons including, without limitation, road, river or weather conditions, strikes or other reasons beyond Boobook Explore’s control. Boobook Explore reserves the right to provide alternative services including, but not limited to, accommodation or to substitute land tour routes and destination arrangements.

Prices

Whilst every effort has been made to ensure that the prices indicated are correct, we reserve the right to adjust prices should there be changes to the tour costs, exchange rates or included taxes. Unused services cannot be refunded or exchanged.

All prices stated in our itineraries or quotes are in Australian Dollars and are subject to exchange rate fluctuations as applicable.

For pricing purposes, a person is considered a child between the ages of 8 and 14 years.

If you pay Boobook Explore by credit card a credit card surcharge of 3% may be added your Tour price.

 Not included in Tour Price

It is our aim to make the tour fare as inclusive as possible. Inclusions are listed in each tour brochure. Not included are:

• Travel insurance. For your protection we strongly recommend that you purchase comprehensive travel insurance that includes (without limitation) coverage for medical expenses, loss of luggage, land content and airfare charges that may occur due to cancellation or disruption.
• Air, train and bus fares (unless stated)
• Transfers (unless stated)
• Airport taxes (Unless included in airline ticket)
• Passport and visa fees
• Any meals and drinks not stated
• Alcoholic drinks – on extended tours you can supply or purchase your own
• Food not on the regular menu
• Optional sightseeing tours or excursions not specified in your itinerary
• Personal tipping/gratuities
• Excess baggage
• Laundry

 Special Requests

Where a special request (eg. diet and/or particular meals) is an important factor, you must advise us when your booking is made. Boobook Explore will pass your request onto the chef/supplier but cannot guarantee that it will be accommodated and are subject to availability. The provision of any special request does not constitute a term of your contract with us.

Reservations and Payment

Pricing for independent travellers is provided on our website at www.boobookexplore.com.au unless it is varied by advertising of a special offer through other media options which may occur from time to time.

To book on our tours you will be required to complete the online booking form or call our office on +61 7 4622 2646.

Bespoke or group bookings can be booked by contacting our office at or on +61 7 4622 2646.

Unless stated in terms of a special offer, required payments for bookings follow:

• Half day and day tours: 100% of tour booking price at the time of booking, unless other arrangements have been made with Boobook Explore
• For extended touring (tours greater than 1 day in length):
  • 20% of the total tour cost security deposit per person upon booking
  • 30% of the total tour cost 180 days prior to the departure date
  • 30% of the total tour cost 100 days prior to the departure date
  • 20% (the final balance) of the total tour cost 45 days prior to the departure date.

Boobook Explore reserves the right to cancel any ticket or booking or to refuse to carry any passenger where required payments have not been received in the specified time.

Your travel agent may forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Boobook Explore in respect to any monies paid to your travel agent unless and until Boobook Explore notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Boobook Explore.

Where agreed prior to booking approved Customers making group bookings may request up to a 30-day payment term on Boobook Explore invoices issued after the tour is complete.

Special Offers

Special deals and offers other than those which are advertised in the brochure or on other media outlets may be promoted by Boobook Explore after these products have been released. These new special deals/offers do not apply to existing bookings unless otherwise stated.  Additional conditions will apply to special deals and offers and are strictly limited to set departure dates stated in the additional conditions.

Amendments

We understand that at times you will need to make changes to your already confirmed booking. Any request for changes must be made in writing by the person who made the original booking. Whilst we will always try to assist, there are times where this can be time consuming and therefore at cost to Boobook Explore. To keep our tour fares as low as possible this cost may be passed on at a rate of $50 per change, in addition to any third-party charges.

Release Date (Group bookings only)

Where Boobook Explore makes the accommodation or other 3^rd party booking it will hold an allocation of rooms or tickets that corresponds to the maximum number of Passengers on the Tour or such number as agreed otherwise as communicated between the Customer and Boobook Explore. Rooms and tickets on allocation remain at the Customers disposal up to an agreed number of days before Customer’s arrival date (the “Release Date”). The Customer will review the number of bookings for a tour at the Release Date and will promptly notify the Supplier whether the Trip is operating or cancelled.

The Release Date for Accommodation is 95 days prior to the group trip departure unless otherwise agreed in writing between the Company and Supplier.

If the Tour is operating the Customer will provide to Boobook Explore a manifest showing final number of Passengers on each departure, and their names, dietary and health requirements no later than four weeks before the start of a Tour unless agreed otherwise by the parties. The Customer will also ensure all Passengers agree and sign Boobook Explore’s Terms and Conditions.

After the Release Date, Boobook Explore can release any unused rooms (or places) from the allocation at the Accommodation or third party tours. If the Customer takes any late bookings after the Release date the Customer may request additional rooms or tickets from the Supplier. Boobook Explore will use its best endeavours to secure reservations for the late booking and provide confirmation of as soon as practically possible.

Cancellations

Should the need arise to cancel your confirmed booking we will require notification in writing and the date we receive this notice is deemed the date of notice. The following schedule will then be used to determine the fee that will be payable for this cancellation.

For Half Day or Day Tours – Individuals

For Half Day or Day Tours – Group bookings

For Extended Touring (tours greater than 1 day)

If, however, cancellation for extended tours is the result of government health restrictions or Force Majeure events then a full refund applies.

There is no refund for unused services or if portions of the tour package are missed.

Departures

Our tours have been prepared working on minimum numbers for each tour to operate. Should these minimum numbers not be reached, we reserve the right to cancel any tour. Should this occur, we will provide a full refund of the tour cost or transfer the deposit to another tour. This will be done in consultation with the passenger.

General Health and Fitness Requirements

Prior to booking it is essential to read the activity descriptions carefully, to assess your and group passengers’ ability and fitness to complete the tour activities. A reasonable level of fitness and health is required to participate in many of Boobook Explore’s tours, as most involve some walking by foot on uneven and sometimes steep, rocky terrain. Some tours are more strenuous than others. Good mobility is also needed boarding or alighting coaches.

You certify as the Customer and Passenger, and for those under the age of 18 that you are responsible for, that you are all medically fit (including physically and mentally) to participate in Boobook Explore’s tours.

It is the Customers and Passengers responsibility to advise Boobook Explore of any pre-existing medical conditions or health and mobility related issues that may affect the normal conduct of a tour and the enjoyment of other Passengers.

As we care about the wellbeing of our people, the community and our impact on the environment we commit to continuing to monitor and implement health measures recommended by the Australian Government’s Department of Health, as applicable to our business.

Customers and their Passengers are to notify Boobook Explore within 24 hours prior to boarding a tour if they are experiencing flu-like symptoms, fevers or are otherwise unwell and for the sake of themselves and others will peacefully retract from and not participate in the tour. If these symptoms occur during an extended tour unwell guests are required to wear a face mask when within 5 metres of other people.

Boobook Explore is not responsible for any loss of enjoyment, loss of touring or loss of monies should the Customer and Passengers be unable to participate in the tour or in any or all of the activities. Any costs incurred as a result of the Customer or Passengers needing to return home are the sole responsibility of the Customers and/or Passengers.

Young Passengers

Passengers under the age of 18 years as at the departure date must be accompanied by an adult/s and share accommodation with the adult/s. Due to landscape variations children under the age of 8 years are not encouraged and are accepted for travel at the sole discretion of Boobook Explore.

Passengers Needing Special Assistance

Passengers are required to be capable of self-care throughout the tour and we regret that we cannot provide individual attention to any passenger for walking, dining, getting on and off coaches or other personal needs.

While Boobook Explore welcomes Passengers with disabilities or special needs, they must be accompanied by at least one companion capable of providing all required assistance.

Boobook Explore’s tour vehicles are not equipped with wheelchair ramps and can only accommodate a very limited number of wheelchairs or walkers.

All special needs or medical conditions requiring special attention must be notified to Boobook Explore at the time of booking (or for Group Bookings when a manifest of passengers is supplied).  While Boobook Explore will make reasonable efforts to accommodate the special needs of disabled tour participants, it is not responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers, nor any additional expense incurred.

It is also the responsibility of Customers and Participants to inform us of any personal circumstances to ensure the selected tour is suited to your individual needs. Before booking it is essential to read the activity descriptions carefully and to assess your ability and fitness to complete the activity, as some of our tours occur in natural landscape with uneven, rocky ground and varying gradients, often without formed tracks.  If you are unsure whether you are fit to participate on a particular tour please contact our office to discuss your needs.

Transfers

Where stated, airport/hotel transfers are included on the first and last day of the tour package at designated times. No refund will be given for unused transfers. Transfers cannot be re-routed to other pick-up points or destinations. Customers and Passengers who miss the pre-booked transfers must make their own way to/from the airport/hotel at their own expense.

Safety

At times there can be dangers associated with travelling. Boobook Explore and its officers, employees and volunteers will take reasonable precautions to ensure your safety and well-being on our tours.

Many of our tours traverse the natural environments within Australia which can present a range of risks and hazards. Some of those elements may include, however are not limited to:

• varied weather conditions
• walking through wilderness in varied vegetated natural landscapes and gradients in remote areas during the day and night
• walking across areas of uneven ground with no formed tracks, including rocky / shaley areas with loose stone
• wildlife encounters
• canoeing and swimming in creeks
• assisting with ecological surveys
• preparing and consuming bush cooking in remote camps
• exploring other land use operations in the region (including cattle yards, operating gas fields and operating farming properties)
• participation in outdoor team building activities
• visiting sandstone caves, cliff edges and areas with overhanging rock
• driving

Some of the risks and hazards that may occur include, however are not limited to:

• acts of God (e.g. flood, fire, boggy road conditions)
• heat exposure
• physical exertion
• trips, slips and falls, especially on uneven, rocky and shaley ground
• bites and scratches from plants and animals
• potential exposure to viruses and zoonotic diseases
• rock falls
• remoteness from medical services.

You understand and accept that your participation in our tours entails known and unanticipated risks that could result in injury and/or damage to property. Injury may include cuts, bruises, abrasions, concussions, sprains, strains, broken bones, heat stress, exposure to poisonous wildlife and plants (bites, allergies), exposure to nature’s elements, and even death.

You accept and assume all risks involved with all tour activities.

Optional excursions may, depending on your tour package, include activities such as exploring, bike riding, swimming and canoeing. You accept and assume all risks involved with these activities.

Medical Assistance

Boobook Explore does not employ medical staff or medically trained personnel on any of the tours. Should you require medical assistance while on tour, the tour guide may be able to provide basic support, contact emergency services, or arrange transport to a hospital.  However, you are solely responsible for all charges resulting from such assistance.

Vaccinations

It is your responsibility to ensure that you have any and all required vaccinations for your tour. We recommend that you consult your doctor. Information is also available at www.smarttraveller.gov.au

Smoking

For other Passengers’ comfort there is no smoking on coaches, minibuses or Boobook Explore vehicles and is only allowed in designated areas as instructed by your tour guide.

Travel Insurance

Travel insurance is not included but is highly recommended.  If in the event a Passenger needs to make alternative arrangements either before or after a tour commences or while on tour it is the personal responsibility of the Passenger to make direct contact with their insurance company and inform Boobook Explore’s tour leader or office of alternative arrangements.

Responsible Service of Alcohol

Our staff are trained in the Responsible Service of Alcohol and are obligated by law to refuse service to any guest who is intoxicated or behaves in an aggressive or offensive manner.

Branding

Services provided by Boobook Explore should be credited in Customer marketing material, with our logo used in accordance with our style guide.  Any images provided by Boobook Explore are exclusively for marketing Boobook Explore’s services and tours and must not be used for any other purpose.  All images  remain copyrighted by Boobook Explore and should be displayed as such in Customer marketing materials.

Clothing and Equipment

Customers and Passengers acknowledge they have all the necessary clothing and equipment to undertake the Tour’s activities.  In most cases Boobook Explore will provide a list of what to bring for each tour and Customers and Passengers should refer to the website and/or booking information for this detail.

 Security

For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, electrical or battery-operated appliances, as well as basic essentials such as a change of clothing and toiletries. It is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive travel insurance in the event of any loss.

Boobook Explore does not accept liability for lost or stolen property and further takes no responsibilities for delays caused by weather, vehicle breakdowns, traffic conditions, accidents and/or other conditions beyond its control.

Photography and Media Consent

By participating in Boobook Explore tours, you grant Boobook Explore the right to take photographs and video recordings during the tour. These images and recordings may be used for promotional purposes, including but not limited to brochures, websites, social media, and other marketing materials. If you do not wish to be photographed or recorded, please inform Boobook Explore in writing prior to the commencement of the tour.

Data Privacy and Marketing

Boobook Explore respects your privacy and will only use your personal information in accordance with our Privacy Policy and in accordance with the Privacy Act 1988. You can obtain full details of how we collect, use and disclose your personal information from our Privacy Policy, a copy of which may be obtained on our website at www.boobookexplore.com.au

As a Customer or Passenger of Boobook Explore tours you agree to allow Boobook Explore to use your names and contact details for marketing purposes unless you notify us that you do not wish to receive future marketing material by writing to Boobook Explore, PO Box 924, Roma Qld 4455 or email

Force Majeure

Force Majeure means an occurrence of an event that is beyond Boobook Explore’s reasonable control and which could not have been prevented by Boobook Explore. This includes, but is not limited to events such as:

1. a) War, armed conflict, criminal damage, riots, civil strife, industrial dispute or terrorist activity or threat
   b) Nuclear or other industrial accident causing environmental pollution or contamination
   c) Natural disaster including but not limited to flooding, fire, earthquake, landslide, adverse weather conditions, high or low water levels
   d) Epidemic, pandemic or outbreak of infectious disease or any derivative or mutation of such viruses, or the threat or perceived threat of any of these
   e) Change in Law

If Boobook Explore, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Boobook Explore may immediately (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.

In the event that Boobook Explore cancels or changes your travel arrangements in any way due to a Force Majeure event, Boobook Explore will not be liable to you in contract, tort, statute or restitution for any loss of your deposit or purchase price, loss of enjoyment, loss of employment, damage, additional cost incurred by yourself or injury resulting from or in connection with either the cancellation or change to the tour or the Force Majeure event.

Force Majeure events are unpredictable and beyond Boobook Explore control. It is your responsibility to purchase travel insurance to adequately protect yourself against these risks.

Governing Law

You agree to conduct yourself in a responsible manner at all times and to comply with the directions, rules, regulations and instructions of our officers, employees, volunteers and representatives on the Tour. You understand that failure to comply with these rules and instructions may result in your removal from our tours without refund.

If, in the opinion of any representative of Boobook Explore, your mental or physical condition is such as to

• affect your own health and safety,
• render you incapable to care for yourself,
• affect your mobility,
• cause you to become a hazard to yourself or other Third Parties and Passengers,
• result in you becoming objectionable to other Third Parties and Passengers or staff or incompatible with the interests, harmony, comfort or welfare of the tour as a whole,

you will not be permitted to embark or continue the whole or any part of the tour package.

Boobook Explore is not liable to you for any costs associated with such decision and you will not be refunded for any part of the tour package, nor shall Boobook Explore have further obligation or responsibility for the person concerned.

Boobook Explore shall not be liable for, nor shall refunds be made in respect of, a Passenger who voluntarily leaves any tour or is a no-show at the original point of departure or at other times nominated by Boobook Explore or its agents or employees throughout the tour. This voluntarily leaving or no-show shall be considered a voluntary termination of the tour by the Customer and Passenger concerned.

Boobook Explore may act as an agent for hotels, transport companies, other tour operators, tour products and other principals, hereafter referred to as 3^rd Parties. Boobook Explore shall not be liable or responsible for injury to any person or loss of or damage to any property or otherwise (including baggage) whether due to it, or its servants’ agents or employee’s negligence or otherwise arising out of or in connection with 3^rd Parties, from:

• acts of God, fire, breakdown or failure in machinery or equipment,
• acts of government or other authorities, civil disturbances, strikes, riots, theft, pilferage, epidemics
• delays or cancellations of or changes in itinerary or schedules or over bookings or defaults from any causes beyond our control
• acts or defaults of 3^rd Parties providing the accommodation, transportation or other services

Neither Boobook Explore nor its agents or employees shall be or become liable or responsible for any additional expense or liability sustained or incurred by the Passenger as a result of any foregoing causes.

Limitation of Liability

Boobook Explore accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention or delay (including mechanical breakdown) beyond its control.

Any term, condition or warranty express or implied by statute or otherwise in respect of the tour packages contained on the website, in brochures or in quotes are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

To the full extent permitted by law, Boobook Explore’s liability arising under or in connection with these booking conditions:

1. is limited to the re-supply of the products or services or the payment of the cost of re-supply of the products or services to you; and
2. excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

As a Customer or Passenger you agree:

1. That your participation in the Tour’s activities will be at your sole discretion and risk and further, that Boobook Explore is not liable for any expense, loss, damage, injuries, sickness, death or accident you or any other person suffers or incurs directly or indirectly as a result of your participation in the Tour’s activities whether that loss or damage is due to your negligence, default, another tort or for any common law or statutory action.
2. To hold Boobook Explore and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Boobook Explore arising out of any breach by you of these terms or any liabilities arising in general.
3. You agree to these Terms and Conditions of your own free will and attest to your intent to hold harmless and release from all liability Boobook Explore and any of its past, present or future officers, agents, volunteers or employees to the maximum extent possible under applicable law.
4. All persons effecting bookings through Boobook Explore or its agents warrant that he or she has the authority of the persons therein designated, whether by name or not, to make the booking on their behalf. The payment of monies by way of deposit or balance of the fare to Boobook Explore or its agents shall be deemed consent to all terms and conditions.

Complaints

If you have any particular problem with any aspect of the Tour please make contact with your tour leader in the first instance. If the resolution suggested is not to your satisfaction, please call our office during your tour with your complaint to first see if we can rectify the problem. For any complaints made after the tour for which you are claiming compensation, these need to be in writing and received by Boobook Explore within 30 days of the final return date of the tour. For any complaint that is not resolved and requires court proceedings, these will occur in a Queensland court.

Disclaimer

Travel is personal and each participant’s goals and experiences may differ. Boobook Explore will not be bound by, or liable for, any description, photograph, representation, or warranty made by us or provided by any independent third-party sales representative, travel agent, or other person or entity relating to any tour offered by Boobook Explore.