Terms & Conditions
ULTIMATE FISHING AUSTRALIA — A REGISTERED TRADING NAME OF ‘THE TAILOR PTY LTD’ ACN 068 690 700
Booking Conditions for Australia for bookings made with Ultimate Fishing Australia via The Tailor
Important Information — Please read these Booking Conditions carefully as they contain important information about your agreement with The Tailor Pty Ltd.
1.1 ‘Client’ means the person or company making a reservation or booking with TT, and if there are more than one persons or companies making the booking, these Booking Conditions bind them jointly and severally.
1.2 ‘Booking Conditions’ means these booking terms and conditions.
1.3 ‘TT’ means The Tailor Pty Ltd A.C.N 068 690 700
1.4 ‘Suppliers’ means service providers engaged by TT to provide certain components of a tour.
2. Services provided by TT
2.1 TT is a tour operator. The Client wishes to engage TT as the Client’s agent to put together a tour for the Client in Australia, and select and engage Suppliers to provide different components of that tour.
3. Formation of contract
3.1 By making a booking request or by issuing instructions to proceed with a booking request with TT, the Client acknowledges that they have read, understood and agree to be bound by these Booking Conditions.
3.2 Reservations will be subject to availability and will be converted to bookings (subject to availability) upon receiving payment from the Client:
a) deposit of 25% of the tour cost for bookings made at least 90 days prior to the departure date. The deposit must be received by TT within 7 days after notification of the reservation or the date 90 days prior to the departure date, whichever occurs first. The balance of the tour cost must be paid no later than 90 days prior to the departure date; or
b) the whole tour cost for bookings made less than 90 days from the departure date. Payment must be received by TT within 72 hours of notification of the reservation.
3.3 A reservation will lapse if the Client does not pay the deposit or the tour cost by the due date for the relevant payment.
3.4 A binding tour contract will be formed when TT notifies the Client that it has converted a reservation to a booking under clause 3.2.
3.5 TT reserves the right to withdraw, change, cancel or reallocate the tour components, the tour cost and the departure date at its discretion at any time before the booking is confirmed.
3.6 Any requested variation to a tour booking must be submitted in writing to TT. TT may decide in its discretion whether to accept a request for variation. TT reserves the right to charge an administration fee of up to $200 AUD per person per variation. The Client must pay any extra cost arising from the variation including any cancellation fees incurred by TT from third party suppliers, and the administration fee, within 7 days of notification by TT.
4. Cancellations & Refunds
4.1 The Client must notify TT in writing if it wishes to cancel any booking. Cancellations are subject to the Client paying the relevant cancellation fee set out below and will be effective only upon written acknowledgement by TT.
4.2 Cancellation Fees: If a cancellation is received more than 90 days prior to the departure date, TT will retain or charge a cancellation fee equal to the full deposit (being 25% of the tour cost). If a cancellation is received between 46 days and 90 days prior to the departure date, TT will deduct or charge 50% of the tour cost. If a cancellation is received less than 46 days prior to the departure date, TT will deduct or charge 100% of the tour cost. In addition, the Client will be required to pay any cancellation fees imposed by Suppliers on TT, which are in addition to and not covered by the cancellation fees detailed in this clause.
4.3 No refunds can or will be given in connection with: a) any changes to the tour booking requested by the Client after departure; b) the Client’s failure to appear for the tour, or any component part of the tour, or the Client leaving the tour after its commencement; c) the Client being excluded from the tour in accordance with these Booking Terms; d) the Client cancelling the tour or part thereof within cancellation terms as per clause 4.2; e) any payments made to suppliers that cease to trade after any payment has been made to TT by the Client.
5. Suppliers
5.1 The Client acknowledges that the Suppliers are independent contractors and are not under the direct control of TT, and are not the agents or employees of TT.
5.2 TT does not warrant the performance of any Supplier, and the Client releases TT from liability for any loss, damage, cost or expense suffered by the Client which arises from any act or omission of a Supplier or failure by a Supplier to meet the Client’s expectations.
5.3 Suppliers provide services in connection with the tour pursuant to their own terms and conditions, which the Client must comply with.
5.4 TT will not be held liable for any monies paid to Suppliers in advance for their services where the Supplier then ceases operation. TT will endeavour to engage a suitable replacement and the Client will be required to pay any additional costs incurred.
5.5 Baggage is the responsibility of the Client. Restrictions may apply as to the weight, number of items and nature of the baggage for air travel. The Client must comply with such restrictions. Lost, damaged or delayed baggage is subject to the terms and conditions of carriage of the relevant carrier.
6. Medical Conditions
6.1 It is the Client’s sole responsibility to take all appropriate medical advice prior to departure as to whether the Client is fit enough to undertake the tour and as to the vaccines, medications and other precautions appropriate to the tour.
6.2 The Client acknowledges that medical services and facilities may not be readily available during the tour, and that no medically qualified personnel will accompany the tour.
6.3 Clients must inform TT at the time of making a reservation of any medical conditions which may affect the Client’s ability to participate in the tour.
6.4 The Client acknowledges and agrees that TT and its Suppliers may in their sole discretion exclude the Client from the tour or any activity if TT or a Supplier considers that the Client is unable to safely participate.
7. Travel Documents & Vaccinations
7.1 It is the Client’s responsibility to ensure that all passports, visas, travel permits, health certificates, or other documentation required for the tour are obtained and are in order, and that all required vaccinations have been obtained.
8. Liability, Risk, Responsibility and Limitation
8.1 The Client acknowledges that there are inherent risks involved in participating in the tour, including close contact with native fauna and exposure to the harshness of the wilderness. By making a booking, the Client accepts all risks associated with the tour.
8.2 The Client hereby releases TT and its respective officers and employees from all actions, proceedings, claims and demands as a result of or in connection with the Client’s participation in the tour (except where TT has breached these Booking Terms).
8.5 TT does not make any express warranties in relation to the tour, and TT hereby excludes all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute.
8.9 In no event will TT’s liability to the Client under these Booking Conditions exceed the total price paid by the Client for the tour booked with TT.
9. Insurance
9.1 TT strongly recommends that Clients have comprehensive travel insurance. Insurance should cover cancellation fees and loss of deposit, damage to and loss of baggage and money, medical and hospitalisation expenses, repatriation or curtailment expenses, evacuation expenses and accidental death or disability.
9.2 It is the Client’s sole responsibility to obtain the appropriate insurance cover.
10. Prices, Payment, Surcharges
10.1 TT will use all reasonable efforts to maintain the tour cost as quoted. However, TT reserves the right to pass on as a surcharge any cost increases due to circumstances outside its control.
10.2 All prices are quoted in AU dollars unless otherwise specifically indicated. All prices are GST inclusive, unless specifically stated to be GST exclusive.
14. Force Majeure
14.1 ‘Force Majeure Event’ means any circumstances beyond the reasonable control of TT including acts of God, explosion, flood, tempest, fire, war, sabotage, terrorism, epidemic or pandemic, quarantine, government intervention, weather conditions, alteration or cancellation of scheduled air services or other untoward occurrences.
14.2 TT shall not be deemed to be in breach of these Booking Conditions by reason of delay in performance or non-performance due to a Force Majeure Event.
15. Complaints/Dispute Resolution
15.1 Clients who have any cause for complaint while travelling must immediately notify TT and the relevant Supplier, where possible in writing.
15.2 TT will not accept responsibility for complaints received more than 14 days after the occurrence of an event leading to the complaint.
18. Governing law
18.1 These Booking Conditions are governed by the laws applicable in the State of South Australia and each party submits to the jurisdiction of the courts of the State of South Australia.
Updated September 2020