D’GUY JOURNEYS
1 General
1.1 These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with D’Guy Journeys.
1.2 By making a Booking (directly or through a third party), the Customer agrees to these T&C for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
1.3 By making a Booking the Customer has read and understood the disclosure of risks set out in these T&C, and voluntarily accepts those risks and agrees to be bound by these T&C.
2 Definitions
“Activity” means any tour, event or attraction and any incidental activities thereto.
“Authority” means:
(a) a government or government department or other body;
(b) a governmental, semi-governmental or judicial person, including a statutory
corporation; or
(c) a person (whether autonomous or not) who is charged with the administration of a law.
“Booking” means booking the Activity.
“Booking Total” means the total amount payable to D’Guy Journeys by the Customer for the Activity, including any accommodation, meals and package inclusions.
“Cancellation Fee” means a non-refundable and non-transferrable payment equivalent to 20% of the Booking Total, or such other amount as stipulated by D’Guy Journeys from time to time.
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons and minors included in the Booking).
“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:
(a) inability to obtain goods, supplies or
services, including fuel, accommodation or
access to an attraction;
(b) forces of nature (including fire, earthquake, storm, flood or other casualty or accident);
(c) war, civil strife or other violence;
(d) industrial action, or any action or inaction by a Authority;
(e) any law, order, proclamation, regulation, ordinance, action, demand or requirement
of any Authority; and
(f) epidemic or pandemic to the extent that restrictions (including lockdown and
quarantine restrictions) are imposed by any
Authority.
“Implied Warranties” means all warranties of any nature in relation to the Activities (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).
“including” is deemed to be followed by the words “without limitation”.
“D’Guy Journeys” “We” “Us” or “Our” means D’Guy Journeys WA Pty Ltd (ABN 92 671 421 766), its Representatives and assigns.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
“Price” means the applicable rate published for the reservation of the Activities.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of D’Guy Journeys.
“Third Party Provider” means a third party that provides products or services to D’Guy Journeys in connection with the Activity.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by D’Guy Journeys and accepted by the Customer at the time of making the Booking.
3 Bookings
3.1 The Booking is subject to availability.
3.2 D’Guy Journeys reserves the right to decline any Booking or request at its absolute discretion.
3.3 The Activity is subject to minimum numbers determined by D’Guy Journeys at its absolute discretion. The Customer will be notified more than 48 hours prior to commencement of the Activity if the Booking is cancelled as a result of minimum numbers not being met. In the event of cancellation in accordance with this provision, D’Guy Journeys in its discretion may:
(a) arrange for an alternative departure date for the Activity, subject to availability;
(b) offer a credit for monies paid by the Customer which credit will be valid for 36 months, noting that additional costs may apply for future departures and the credit is
not redeemable for cash; or
(c) offer a refund of monies paid by the Customer, less any reasonable expenses
incurred by D’Guy Journeys.
3.4 Unless otherwise determined by D’Guy Journeys prior to or at the time of Booking, the following provisions apply:
(a) full payment of the Booking Total is required at the time of Booking; and
(b) a list identifying all persons participating in the Activity is to be provided at the time of Booking;
Specials / Packages:
(c) D’Guy Journeysreserves the right to promote / offer the Activity on terms and conditions different to the T&C (including as to the Booking Total, payment terms and cancellation terms) at its discretion and for
each Booking therein made those terms and conditions shall prevail over the T&C with respect to any inconsistency.
3.5 A valid credit card is required at the time of Booking. The Customer’s credit card will be held as security for the Booking and utilised for any payments, outstanding charges, Cancellation Fees, no-show fees, damage and any breach of these T&C.
3.6 Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by D’Guy Journeys, may result in the Booking being cancelled and D’Guy Journeys making available the Activity, or any part thereof, to other persons.
3.7 If the Customer makes payment by way of credit card, the Customer warrants that the information provided to D’Guy Journeys is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer.
3.8 Any goods or services not included in the Booking are the sole responsibility of the Customer and must be paid by the Customer. This includes any goods or services provided by a Third Party Provider, such as optional tours, accommodation and food and beverages. Any outstanding accounts will need to be paid and settled prior to the conclusion of the Activity.
3.9 D’Guy Journeys reserves the right to request identification information and documentation, including government issued photographic identification.
4 Cancellation
4.1 All cancellations must be in writing and sent to D’Guy Journeys. It is the Customer’s responsibility to ensure D’Guy Journeys has received notice of any cancellation of the Booking.
4.2 Subject to these T&C, where the Customer cancels the Booking:
(a) more than 7 days prior to the commencement of the Activity, the Cancellation Fee will be retained and any remaining monies paid will be returned to the Customer;
(b) 7 days or less prior to the commencement of the Activity (including on the day of the Activity and no shows), all monies paid by the Customer will be forfeited.
4.3 Refunds can only be processed back to the original mode of payment and in the case of credit card payments, will go back on to the same credit card. Refunds will not be paid in any other manner. Refunds exclude booking and other reasonable expenses incurred by D’Guy Journeys.
4.4 The Customer is responsible to ensure visas, flights, vehicle hire, travel insurance and any components booked outside D’Guy Journeys are cancelled by the Customer, and the Customer will adhere to the cancellation policy of each individual supplier.
4.5 Any and all fees charged to D’Guy Journeys by a Third Party Provider in connection with the Customer’s cancellation, are the sole responsibility of the Customer and must be paid by the Customer.
4.6 Where the Booking is cancelled in accordance with clauses 4.2(b), D’Guy Journeysshall have the right to re-book the Activity, or any part thereof. If the Activity, or any part thereof, is re-booked, D’Guy Journeys may, in its absolute discretion, offer the Customer a refund of any monies recovered by D’Guy Journeys from the new booking.
4.7 All deferments must be in writing and sent to D’Guy Journeys. Deferment will be at the absolute discretion of D’Guy Journeys and the provisions in clause 4.2(a) and (b) shall apply.
5 Prices
5.1 Prices are in AUD.
5.2 Prices as shown on the website are subject to change. D’Guy Journeys reserves the right to
change this information without notice. Existing Bookings that have been paid in full, or for which payment has been paid, will retain the Price as per the Booking.
6 Changes to Activity
6.1 The Customer acknowledges that the nature of the Activity is likely to require considerable flexibility. The itinerary / program provided for each Activity is representative of the types of activities contemplated. The Customer acknowledges that routes, schedules, itineraries, accommodation, meals, amenities, activities, mode of transport and other inclusions may be subject to alteration without prior notice due to local circumstances or events. As such D’Guy Journeysreserves the right to:
(a) cancel or modify any routes or any other aspect of the Activity;
(b) substitute different or equivalent routes or aspects of the Activity; or
(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the Activity if in the absolute discretion of D’Guy Journeys it is necessary
to do so.
6.2 In the event of any change, modification, cancellation, postponement or delay to the Activity as contemplated under this clause, the Customer acknowledges that the Customer will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.
7 Behaviour Policy
7.1 Anti-social behaviour (including behaviour of a sexual or discriminatory nature) and intoxication during the Activity and or creating a disturbance to other customers and or Representatives will not be tolerated and may result in immediate termination of the Activity for the Customer.
7.2 Where the Activity is terminated pursuant to this clause, the Customer shall forfeit any and all monies paid to D’Guy Journeys.
8 Health & Fitness
8.1 The Customer warrants that the Customer:
(a) acknowledges the Activity may require a moderate to high level of fitness and a degree of mental and physical stamina;
(b) is in good health and mental and physical condition;
(c) has disclosed to D’Guy Journeys every matter concerning the Customer’s health and mental and physical fitnes of which the Customer is aware, or ought reasonably be expected to know, that is relevant to the Activity (including but not limited to pre-existing medical conditions, prescribed medications, allergies, previous injuries and dietary requirements);
(d) will notify D’Guy Journeys in writing immediately upon any adverse change in the Customer’s health or mental and physical fitness that may be likely to affect the Activity;
(e) permits D’Guy Journeys to disclose medical information to any consultant doctor or other health professional; and
(f) will obtain a medical clearance from a health professional upon request by D’Guy Journeys in its absolute discretion.
9 Customer’s Further Warranties
9.1 The Customer further represents and warrants that the Customer: (a) is over 18 years old (other than any minors accompanying the Customer); (b) is competent to safely engage in the Activity;
(c) will wear appropriate protective clothing, gear and footwear;
(d) is solely responsible for having required medication (including epi-pens for allergies) with them and for advising D’Guy Journeys and its Representatives of such medication prior to commencing the Activity;
(e) has obtained consent from the legal or parental guardian of all minors for the participation in the Activity;
(f) has arranged for and will provide adequate supervision of all minors whilst participating in the Activity;
(g) has not relied on any representations or warranties that may have been made by D’Guy Journeys or its Representatives in relation to the Activity;
(h) has taken, or had the opportunity to take, independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of these T&C; and
(i) has authority to, and does hereby, enter into these T&C on the Customer’s own behalf and on behalf of all persons included in the Booking.
9.2 The Customer warrants that:
(a) the Customer has and will comply with all applicable laws;
(b) the Customer has and will comply with all lawful directions of D’Guy Journeys and any Third Party Providers;
(c) the Customer has not relied on any representations or warranties that may have been made by D’Guy Journeys or its Representatives; and (d) the Customer will report any and all hazards immediately to D’Guy Journeys.
10 Termination
10.1 D’Guy Journeys may terminate the Booking immediately if there has been a breach of the T&C.
10.2 Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to D’Guy Journeys being forfeited by the Customer and retained by D’Guy Journeys.
10.3 The accrued rights, obligations and remedies of D’Guy Journeys are not affected by the termination of the T&C.
11 Liability and Waiver
11.1 The Customer has read and understood the disclosure of risks set out in these T&C, and
voluntarily accepts those risks and agrees to be bound by these T&C.
11.2 The Customer acknowledges the risks associated with participating in the Activity include, but are not limited to:
(a) loss or damage to property, injury, illness or death;
(b) slipping and falling, collisions with fixed objects and or other participants, falling off
objects;
(c) drowning, polluted or contaminated water;
(d) attack or injury from wildlife, dangerous or inclement weather conditions, contracting illnesses from contact with objects and surfaces while participating in the Activity;
(e) limited mobile telephone reception and access to medical facilities and assistance;
(f) the behaviour and acts or omissions of other participants;
(g) equipment failure and improper or inadequate equipment maintenance;
(h) improper or inadequate instruction or supervision regarding the Activities or use of D’Guy Journeys facilities and equipment; and
(i) first aid, emergency treatment, safety rescues or services rendered or failed to be rendered by D’Guy Journeys or its Representatives.
11.3 The Customer is aware of the dangers associated with the consumption of alcohol, mind altering substances, drugs (including over the counter or prescribed medication) or other substances which
may impair any judgment or physical ability or capacity to safely participate in the Activity and accepts full responsibility for any injury, loss or damage associated with the Customer’s consumption of alcohol, mind altering substances, drugs or other substances which impairs the Customer’s judgment, physical ability or capacity to safely participate in the Activity.
11.4 To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to:
(a) in the case of any Implied Warranty relating to goods:
(i) the replacement of those goods or the supply of equivalent goods; or
(ii) the cost of replacing those goods or supplying equivalent goods; and
(b) in the case of any Implied Warranty relating to services:
(i) the re-supply of those services; or
(ii) the cost of re-supply of those services.
11.5 The Customer has read, understood and agrees to comply with all rules, regulations, procedures, instructional material and other information provided to the Customer or published by D’Guy Journeys or relating to the Activity.
11.6 While participating in the Activity the Customer will, at all times, follow the lawful directions of D’Guy Journeys or any of its Representatives or Third Party Providers.
11.7 While participating in the Activity the Customer will:
(a) abide by all laws;
(b) not introduce or create any hazards to persons, property, flora or fauna; and
(c) not, by the Customer’s acts or omissions, breach any terms of this T&C.
11.8 To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies D’Guy Journeys and its Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Activity or the T&C, including but not limited to property loss or damage, bodily injury or death. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of D’Guy Journeys and or its Representatives.
11.9 D’Guy Journeys and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Activity or the T&C, whether arising under breach of
contract, negligence (commission, omission or advice), statute or otherwise. The Customer agrees to indemnify, and keep indemnified, D’Guy Journeys and its Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:
(a) the Customer observing or participating in the Activity (whether operated by D’Guy Journeys or a third party); and
(b) the Customer’s acts or omissions while participating in the Activity.
11.10 The Customer has had the opportunity to consider the risks associated with participating in the Activity and freely and voluntarily accepts:
(a) all of the risks (foreseeable and unforeseeable) that may result from the Customer participating in the Activity; and
(b) any and all consequences which may result from those risks (whether foreseeable or
unforeseeable).
11.11 The Customer covenants not to sue or commence any proceedings against D’Guy Journeys and or its Representatives in respect of any loss or damage arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally or to any of the Customer’s property) which occurs while participating in the Activity.
11.12 This clause:
(a) applies notwithstanding that any such claim, action or loss may come about,
either wholly or in part, due to the negligence of or breach of a contractual term by D’Guy Journeys;
(b) is intended to be as broad and inclusive as is permitted by law; and
(c) does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
12 GST
12.1 Unless otherwise stated, all amounts payable by the Customer are inclusive of GST.
12.2 The Customer agrees to pay GST in respect of any goods or services that D’Guy Journeys supplies to the Customer and or are supplied to the Customer on behalf of D’Guy Journeys.
13 Insurance
13.1 The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.
13.2 D’Guy Journeys reserves the right to:
(a) request confirmation that the Customer has travel and medical insurance;
(b) request a copy of a certificate of currency for the travel and medical insurance; and
(c) refuse passage to the Customer if it has not complied with this clause and in such circumstances the Customer shall forfeit all monies paid to D’Guy Journeys.
14 Force Majeure Event
14.1 If any Force Majeure Event results in D’Guy Journeys being prevented from, or delayed in, performing any of its obligations to the Customer:
(d) then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C;
(e) no loss or damage shall be claimed by the Customer from D’Guy Journeys by reason thereof; and
(f) D’Guy Journeys shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
14.2 In the event of a Force Majeure Event, D’Guy Journeys, in its absolute discretion may:
(a) substitute a different or equivalent Activity in place of cancelled or modified Activity;
(b) postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Activity if in the absolute discretion of D’Guy Journeys it is necessary to do so;
(c) offer a transfer of the Activity, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by D’Guy Journeys in the circumstances), which transfer option is subject to availability;
(d) offer a credit, to the value of any monies paid, which credit will be valid for travel within 24 months from the issue date (or such other longer period as determined by D’Guy Journeys in its absolute discretion),
provided that:
(i) any additional costs payable on the new booking will be payable by the Customer in full;
(ii) additional costs may apply for the Activity in future seasons;
(iii) credit terms and conditions are final;
(iv) credits are not able to be extended beyond their expiry date; and
(v) the credit, or any balance on a partially used credit, is not redeemable for cash.
15 Personal Information
15.1 The Customer’s personal information may be used by D’Guy Journeys and may be disclosed to D’Guy Journeys’ Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by D’Guy Journeys will be in accordance with the Privacy Act 1988 (Cth).
15.2 The Customer acknowledges that photos or video of the Customer may be taken by D’Guy Journeys or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing to D’Guy Journeys to not use the Customer’s image. Otherwise, D’Guy Journeys is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
15.3 The Customer acknowledges its email address will be added to D’Guy Journeys mailing list, unless the Customer specifically requests in writing to D’Guy Journeys. The Customer is aware it can unsubscribe from the mailing list at any time.
16 Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.
17 Governing laws
17.1 The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
17.2 The parties irrevocably:
(a) submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
(i) for determination of any dispute claim or demand; or
(ii) with respect to any proceedings which may be brought at any time relating to these T&C,
(b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.