Terms & conditions
Tours will operate in all safe conditions, including rain. If extreme weather is deemed too unsafe to commence the tour, a cancellation notice will be issued with a full refund as soon as possible, and we will try to reschedule for a different date. While we endeavour to provide adequate cancellation notice, short-notice cancellations may occur.
The tour itinerary is subject to change depending on the season, park closures and weather conditions. The itinerary always includes a nature walk and an opportunity for a swim.
Physical fitness and ability
Each tour will have up to 2 hours of walking on outdoor tracks. The tracks could include rough and uneven terrain, challenging ascents and descents and varying weather extremes from heavy rain to cool or warm temperatures or strong winds. You are responsible for considering whether you have adequate ability and fitness to meet these requirements. Please feel free to contact us if you have any queries regarding the tour's difficulty.
Guests are required to be conscious and respectful of the environment. We are responsible for leaving nothing behind and ensuring that the space is left untouched.
Our minimum age requirement is for children aged 7 and older. Children aged 16 and under will receive a discount on their booking fee.
Cancellation or change of date outside seven days of departure will not result in a cancellation fee.
Cancellation or change of date within seven days of departure will result in a 50% cancellation fee.
Failure to board, change of date or cancellation within 48 hours of departure will result in full fare forfeiture.
Exclusion of liability
Guests acknowledge that walking, swimming and other activities in outdoor environments are potentially dangerous activities and guests are undertaking such activities at their own risk. Guests also acknowledge and agree that they undertake such activities, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in those activities.
Guests acknowledge that Earthbound Tours is supplying them with recreational services (i.e. services that consist of participating in a sporting activity or a similar leisure time pursuit, or any other activity that involves a significant degree of physical exertion or physical risk and that is undertaken for the purposes of recreation, enjoyment or leisure) for the purposes of applicable laws.
Guests agree to the fullest extent permitted by law to waive all of their legal rights of action against and fully release Earthbound Tours and its officers, directors, employees, servants, agents or consultants from all liability arising from or connected with their death or personal injury howsoever arising out of or in relation to the participation by them in a walk or other associated activity including without limitation, liability for a negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of
Earthbound Tours, its officers, directors, employees, servants, agents or consultants. This waiver binds all guests and their legal personal representatives.
Limitation of liability.
Earthbound Tours does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would:
contravene that statute; or
cause any part of these booking terms and conditions to be void.
Except to the extent set out above in clause 19 Exclusion of Liability, and to the extent permitted by law, Earthbound Tours excludes all:
tortious liability (including negligence);
conditions and warranties implied by custom, the general law or statute; and
liability for all special, indirect, incidental, consequential or punitive damage and economic loss, loss of profits, loss of revenue, loss of bargain, loss of goodwill, loss of anticipated savings, or loss of use of products or equipment, arising out of or relating to these booking terms and conditions, the walk, or any failure to supply or delay in supplying the walk, whether or not Earthbound Tours was aware or should have been aware of the possibility of such loss or damage.
The liability of Earthbound Tours’ to guests for any breach of any express or implied provision of these booking terms and conditions is limited, at the Earthbound Tours’ option, to:
refunding the price of the goods or services in respect of which the breach occurred; or
providing, replacing or repairing those goods or providing those services again.
Guests agree to indemnify and hold harmless Earthbound Tours and each of its officers, directors, employees, servants, agents or consultants against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by them of their obligations under these booking terms and conditions.
Limitation of Liability
Where the law implies a warranty into these Booking Conditions which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.