Please read the T&C in full before proceeding to make a Booking. The T&C are between Hidden deTours and the Customer and apply to any Booking made by the Customer.
By making a Booking (directly or indirectly through a third party), the Customer agrees to the T&C on behalf of all persons included in the Booking. Where the Customer constitutes more than one person, each person shall be jointly and severally bound by the T&C.
1. Interpretation
“Booking” means the act of reserving the Tour.
“Customer” “Participant” “You” or “Your” means the person or persons, who are making the Booking, participating or intending to participate in the Tour, and includes any minors accompanying the Customer.
"Force Majeure Event" means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Hidden deTours’ services beyond its control.
“Hidden deTours” “We” “Us” or “Our” means Hidden deTours Pty Ltd (ACN 166 018 319), its Representatives and assigns.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Hidden deTours.
“Tour” means the product provided by Hidden deTours for the purpose of enjoyment, relaxation or leisure of any description whatsoever and includes any accommodation and incidental activities thereto.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by Hidden deTours as accepted by the Customer at the time of making the Booking.
2. Prices
All fees and charges are payable in Australian Dollars and are inclusive of GST. Fees and charges are subject to change. Hidden deTours reserves the right to change this information without notice. Existing Bookings that have been paid in full, or for which a deposit has been paid, will retain the fees and charges as per the Booking.
3. Booking Policy
All Bookings are subject to availability. Hidden deTours reserves the right to decline any Bookings or requests at its absolute discretion. Unless otherwise determined by Hidden deTours at the time of Booking, the following provisions apply.
By making the Booking, the Customer warrants that he or she is at least 18 years of age with full capacity to make the Booking. Where the Booking is made by a parent, guardian or person for or on behalf of a Customer, the person making the Booking warrants that he or she has full authority to do so. Adult supervision must be provided for any persons under 18 years of age. Hidden deTours or their personnel cannot supervise any group or person other than our specific responsibility under the Road Transport Act (WA) and parents and guardians are otherwise solely responsible for under 18 guests.
Public Tours
A Public Tour will not proceed unless the minimum number of guests required by Hidden deTours for such Tour is confirmed. Customers will be notified at least 24 hours prior to the Tour if the minimum number of guests has not been met and the Tour is required to be rescheduled. In such circumstances, Hidden deTours will offer Customers a transfer to an alternative date (subject to availability) or a credit for the original value paid (credits are not redeemable for cash and additional costs may apply at the time of re-booking).
Once a Public Tour has been confirmed, if the Customer requests to change the date of the Booking, extra costs may be applicable as determined by Hidden deTours at its sole discretion. All change of date requests must be made in writing more than 7 days from the date of the Tour and only one change is permitted. If Hidden deTours approve to change the date of a Customer Booking, no refund will be provided to the Customer and all monies will be retained by Hidden deTours if a refund is requested.
Private Tours
A Private Tour will not proceed unless the minimum number of guests required by Hidden deTours for such Tour is confirmed.
There are two varieties of Private Tours:
1. Tailor Made Tours
Itineraries are created in consultation with the Customer and are customised for each group.
2. Standard Tours
Itineraries are created by Hidden deTours. No changes are permitted by the Customer.
Once a Private Tour has been confirmed, if the Customer requests any changes outside the scope of the Booking, extra costs may be applicable as determined by Hidden deTours at its sole discretion. Such changes include (but are not limited to) the date, duration, pick up and or drop off location and or number of guests. All requests for changes to the Booking must be made in writing.
Customers are required to notify Hidden deTours if the Booking is for a particular event or occasion (such as a hens or bucks party).
Charters
A Charter will not proceed unless the minimum number of hours required by Hidden deTours for such Tour is confirmed.
Itineraries are created by the Customer. The Customer is responsible for all third party bookings and fees and charges incurred in connection with the same. Hidden deTours will provide the vehicle and the driver. Itineraries (including pick up and drop off details) are to be confirmed and provided to Hidden deTours at least 14 days prior to the date of departure.
Once a Charter has been confirmed, if the Customer requests any changes outside the scope of the Booking, extra costs may be applicable. Such changes include (but are not limited to) the date, duration, pick up and or drop off location, number of guests and or the itinerary. All requests for changes to the Booking must be made in writing.
4. Payment Terms
All Tours
Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise required by Hidden deTours, may result in the Booking being cancelled and Hidden deTours making the Tour, or any part thereof, available to other persons. In such circumstances, all monies paid by the Customer will be forfeited to Hidden deTours.
Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Customer to Hidden deTours are the sole responsibility of the Customer, are payable by the Customer and are non-refundable.
If the Customer makes payment by way of credit card, the Customer warrants that the information provided to Hidden deTours 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. Hidden deTours reserves the right to conduct various checks to validate the identity and integrity of the Customer’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Customer to verify identity.
Hidden deTours reserves the right to request identification information and documentation, including government issued photographic identification, prior to departure.
Any items or services not included in the Booking (including for services or goods provided third parties) are the sole responsibility of the Customer and must be paid by the Customer.
A surcharge may be applied to Bookings on public holidays or as otherwise determined by Hidden deTours at its absolute discretion.
Additional Waiting Fees
If Hidden deTours is required to wait at any location, a waiting time fee will be charged to the Customer who is responsible for the delay as follows:
(a) First 10 minutes are free
(b) Longer than 10 minutes delay a waiting fee of $25 per 15 min block will apply
The Customer who is responsible for delay must pay on the day of the tour by bank transfer, or immediately when in receipt of an invoice from Hidden deTours.
Public Tours
Public Tours are payable in full at the time of Booking.
Private Group Tours/Charters
A non-refundable deposit of 25%, together with a non-refundable administration fee of $50.00 for Tailor Made Tours and $25.00 for Standard Tours, is required within 7 days of Booking. An invoice will be provided to the Customer by email with payment details.
Payment of the balance is required at least 21 days from the date of departure. A reminder email and invoice will be sent to the Customer with payment details.
If a Booking is made 21 days or less before the date of departure, the Booking must be paid in full within 24 hours. An invoice will be provided to the Customer by email with payment details.
It is the Customer’s sole responsibility to ensure payment is received in cleared funds prior to the due date for payment.
Travel Fees
Pick ups and drop offs within the Perth CBD are complimentary for Perth Tours or Charters. For Rockingham Tours or Charters a complimentary pick up and drop off is provided for all locations within 15kms from the Rockingham Train Station. A travel fee will apply to all other locations, determined by Hidden deTours at its absolute discretion.
Security Bond
A refundable bond of $200 (Bond) will apply upon booking a Private Tour or Charter, unless otherwise advised by Hidden deTours.
At the conclusion of the Private Tour or Charter, Hidden deTours will conduct an inspection of the vehicle utilised for the Private Tour or Charter. If Hidden deTours detects no loss or damage of any kind, Hidden deTours will arrange for the Bond to be refunded to the Customer within 7 days. If Hidden deTours detects loss or damage of any kind, Hidden deTours will notify the Customer of the same and the required remediation. Hidden deTours may retain the Bond until an inspection is undertaken and any identified loss or damage has been rectified.
If a Private Tour or Charter runs overtime, additional fees will be charged to the Customer. Extra time is charged in increments of 15 minutes. Any overtime may be deducted from the Bond, or in the event no Bond is paid by the Customer will be a debt due and payable by the Customer to Hidden deTours.
5. Cancellation, Refund and Change Policy
Cancellation by Customer
All cancellations must be received in writing. Where the Customer cancels the Booking:
(a) Public Day Tours
(i) 15 days or more prior to the date of departure, full payment will be refunded less the administration costs;
(ii) between 14 days and 4 days of the date of departure, 50% of the payment will be refunded and the remaining 50% will be retained by Hidden deTours; and
(iii) 3 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
(b) Public Getaway Tours with overnight stays
(i) 21 days or more prior to the date of departure, full payment will be refunded less any administration costs;
(ii) between 20 days and 15 days of the date of departure, 50% of the payment will be refunded and the remaining 50% will be retained by Hidden deTours; and
(iii) 14 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
(c) Private Group Tours and Charters
(i) 22 days or more prior to the date of departure, full payment will be refunded less the deposit and administration fee which will be retained by Hidden deTours; and
(ii) 21 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
Administration costs may include (but are not limited to) fees that may be levied by third party operators providing their services in conjunction with the Tour, bank fees, credit card fees, booking fees and other costs associated with delivering the Tour or returning your money to you.
For Customer curtailment and or early departure from the Tour, all monies paid by the Customer will be forfeited to Hidden deTours.
Cancellation by Hidden deTours
Hidden deTours reserves the right to cancel a Tour at any time before departure, including for any Force Majeure Event. In such circumstances, Hidden deTours may transfer amounts paid to an alternate Tour at its discretion or alternatively offer a full refund.
Hidden deTours is not responsible for any incidental expenses incurred as a result of cancellation of a Tour including but not limited to travel to join the Tour, accommodation or other fees payable to third party operators providing services in conjunction with the Tour.
If any Force Majeure Event results in Hidden deTours being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon Hidden deTours under these T&C;
(b) no loss or damage shall be claimed by the Customer from Hidden deTours by reason thereof; and
(c) Hidden deTours shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
Changes to Tour by Hidden deTours
Hidden deTours reserves the right to alter the route or itinerary of a Tour and arrange alternative carriers if necessary. We will ensure the venue or experience we substitute will be of an equivalent standard for you to enjoy. No refunds will be given in these circumstances.
6. Alcohol Consumption
Under the Liquor Control Act 1988 it is against the law to supply or sell alcohol to a person under the age of 18 in a licensed or regulated premises. All Customers must be able to provide government issued photographic identification to prove they are aged 18 years or over before they are able to consume alcohol on a Hidden deTours Tour.
It is an offence for employers or employees of licensed premises we visit, to sell or supply alcohol to a person who shows signs of intoxication. The staff of the licenced venues must hold Responsible Service of Alcohol Certificates and adhere to the necessary laws in place around responsible service of alcohol.
The Customer acknowledges and agrees that venues, establishments or premises visited on a Tour have their own duty of care to guests and the right to exercise their discretion not to allow entry, not to serve individuals or groups alcohol or to ask people to leave their premises and Hidden deTours does not accept any responsibility or liability if this occurs for any reason, including due to the negligence or otherwise of Hidden deTours or its personnel.
Hidden deTours staff are also trained in responsible service of alcohol and have the right to refuse Customers who are intoxicated to board the bus prior to departure, or to otherwise participate in activities throughout the Tour that may be deemed not to comply with occupational health and safety.
We really want everyone to enjoy their Tour, so we recommend not drinking alcohol before the Tour. All venues practice Responsible Service of Alcohol and we wouldn't want anyone missing out on joining the group in each venue.
Consumption of alcohol and illicit drugs is prohibited by law and not permissible on the tour vehicle.
7. Dietary
Any dietary requirements must be advised to Hidden deTours in writing at least 14 days prior to departure. Any additional fees charged by third parties to satisfy any dietary requirements will be the responsibility of the Customer.
Hidden deTours takes no responsibility for accommodating any food allergies or dietary requirements or restrictions and is not responsible for any problems associated with the same. All issues with those matters are the sole responsibility of the Customer.
8. Health & Fitness
The Customer warrants that the Customer:
(a) acknowledges the Tour may require a moderate to high level of fitness and a degree of mental stamina;
(b) is in good health and mental and physical condition;
(c) has disclosed to Hidden deTours every matter concerning the Customer’s health and mental and physical fitness of which the Customer is aware, or ought reasonably be expected to know, that is relevant to the Tour (including but not limited to pre-existing medical conditions, prescribed medications, allergies and previous injuries);
(d) will notify Hidden deTours in writing immediately upon any adverse change in the Customer’s health or mental and physical fitness that may be likely to affect the Tour;
(e) is solely responsible for having required medication (including epi-pens for allergies) with them and for advising Hidden deTours and its providers of such medication prior to commencing the Tour;
(f) permits Hidden deTours to disclose medical information to any consultant doctor or other health professional; and
(g) will obtain a medical clearance from a health professional upon request by Hidden deTours in its absolute discretion.
9. Customer Code of Conduct during a Tour or Charter
Every person on a Hidden deTours Tour must adhere to the Customer Code of Conduct below:
(a) Smoking is not permitted on the vehicle or within privately owned venues/property.
(b) Valid government issued photographic identification is required to be carried on your person on the day of the Tour and at entry to all venues.
(c) Customers agree to adhere to dress standards and regulations within venues selected for the Tour (please note some venues do not allow fancy dress / costumes).
(d) Refusal of entry or service at venues due to intoxication or any other reason is not the responsibility of Hidden deTours and is the guest’s sole responsibility.
(e) Anti-social behaviour and intoxication on board the vehicle, in public spaces and within Tour venues creating a disturbance to other guests or Hidden deTours staff will not be tolerated and the Customer may be evicted at the discretion of the driver or other Hidden deTours staff.
(f) If you choose to leave the Tour at any time before arriving at the final drop off point, you must inform the Hidden deTours driver or guide before departing.
(g) Guests are to remain seated and wear a seat belt when the Tour vehicle is in motion.
(h) Any damage made to the Tour vehicle will be a cost to the Customer and may be deducted from the Bond. In the event no Bond was paid by the Customer, any costs incurred by Hidden deTours to remedy any damage made to the Tour vehicle (including any cleaning fees) will be a debt due and payable by the Customer to Hidden deTours.
(i) No changes can be made to the itinerary by the Customer once the Tour has departed.
(j) Personal items including electronic devices are the sole responsibility of the Customer.
(k) The Customer will be solely responsible to bring any essential or recommended items on the Tour, as notified by Hidden deTours.
(l) Tour vehicles have limited luggage space and the Customer must limit baggage to any minimum set out in the Booking or otherwise notified by Hidden deTours. Soft bags are preferred.
(m) If you wish to provide your own music or other effects on a Tour, you must ensure that all or any technical requirements of doing so are acceptable to us and it is your sole responsibility to ensure that all such music or equipment is compatible with the Tour vehicle.
It is the Customer’s sole responsibility to be aware of the requirements of the Code of Conduct at all times. You must adhere to and abide by the Code of Conduct and any failure of any kind to do so may result in you being removed from the Tour, or the Tour being cancelled. Hidden deTours may determine in its sole discretion if any such a failure has occurred, at no liability to us.
If a Customer is asked to leave the Tour, they will be solely responsible for their own transport and conduct from the place of disembarkation, which will deemed to be the conclusion of their Tour and no refund will be provided for any part of the Tour that has not been completed. Hidden deTours is not liable after a disembarkation.
10. Photos and Video
You agree that all photos and videos taken of you on a Tour can be used for marketing or promotional purposes by Hidden deTours. If you do not want your image to be used, you must notify us in writing prior to departure.
Images and video that appear on our social media accounts and our website are used for illustration purposes, depending on availability of service providers for each Tour.
Otherwise, Hidden deTours is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
11. Departure point and time
Public Tours
The departure points for Public Tours are dependant on the type of Tour booked.
Once you have made a Booking you will receive communications from us advising you of your estimated pick up time and confirmed location and address. One week prior to departure, you will receive communications from us with information pertaining to the Booking.
We reserve the right to change the departure point or time, up until 24 hours before the departure time. We will notify you via email of the change and specify the new location and time to meet.
At the designated time of your collection, we are only able to wait 5 minutes, as we have a strict timeline to follow and have other guests on Tour to consider. If you are not at the departure point, we will attempt to contact you. If we are not able to get in touch with you, you will need to make your own arrangements to join us on Tour.
Please contact us early if you know you are going to be late to your pick up point and we will try to accommodate, if possible. The best person to contact is Monique – 0437 050 252.
Private Tours and Charters
The Customer must notify Hidden deTours at least 14 days prior to the proposed departure date, in writing, if a departure point is changed. Additional fees may apply to any changes at Hidden deTour’s sole discretion.
12. Government Requirements / COVID-19
If the Customer contracts COVID-19 (or any other pandemic virus or disease) within 14 days of the scheduled departure date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Customer must notify Hidden deTours in writing. In such circumstances, the Customer (and any other guest cancelling as part of the Booking) will not be able to and will not be granted permission to undertake or participate in the Tour. Hidden deTours, in its sole discretion, may offer to the Customer a transfer of the Tour to an alternative date (subject to availability). Hidden deTours reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.
Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus (whether you are aware of the condition or not), Hidden deTours may in its absolute discretion:
(a) refuse the Customer's participation in the Tour;
(b) request that the Customer wears a face mask or other protective equipment;
(c) request that the Customer undertakes a Rapid Antigen Test; and or
(d) request that the Customer concludes the Tour/leaves the premises at the earliest possible and safest opportunity.
Where (a) and (d) apply, the Tour will be deemed to have been cancelled by the Customer and Hidden deTours’ usual cancellation provisions as set out above will apply. All costs incurred by the Customer and or Hidden deTours as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to Hidden deTours under these circumstances.
Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus and obtains a negative result to a COVID-19 test, Hidden deTours may in its absolute discretion allow the Customer to participate in or re-join the Tour. Where the Customer is not allowed to participate in or re-join the Tour, the Tour will be deemed to have been cancelled by the Customer and Hidden deTours' usual cancellation provisions will apply as set out above. All costs incurred by the Customer and or Hidden deTours as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to Hidden deTours under these circumstances.
The Customer shall comply with all vaccination and or testing requirements and or directions by:
(a) the applicable Government (Federal or State);
(b) health authority or other authorising body:
(c) Hidden deTours; or
(d) any third party provider
in relation to COVID-19 (or any other disease or virus), for entry to the location of the Tour or to use or participate in the Tour.
The Customer will be required to be fully vaccinated from 31 January 2022. Proof of vaccination will be required prior to utilising or participating in any Tour including commencing any Tour. Where there is any inconsistency between the date specified in this clause for vaccination and any requirement or direction issued by the applicable Government (Federal or State), health authority or other authorising body, any such requirement or direction issued by the applicable Government (Federal or State), health authority or other authorising body will prevail.
Where the Customer:
(a) is unable to meet any requirement (including where the applicable Government, health authority or other authorising body requirement is introduced subsequent to the Booking);
(b) cancels the Booking; or
(c) is unable to access the location of the Tour,
as a result of a requirement, the Customer shall forfeit all monies paid to Hidden deTours.
Where the Customer does not comply with any requirement, Hidden deTours reserves the right to decline the Booking, cancel the Booking or refuse the Customer’s participation in the Tour at Hidden deTours' absolute discretion and at the Customer’s cost.
Where the Customer is unable to utilise or participate in the Tour, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, Hidden deTours, in its sole discretion, may offer to the Customer:
(a) a transfer of the Tour, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by Hidden deTours in the circumstances), which transfer option is subject to availability; or
(b) a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by Hidden deTours in its absolute discretion), provided that:
(i) any additional costs payable on the new Tour will be payable by the Customer in full at the time of Booking;
(ii) additional costs may apply for the Tour in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
The Customer releases and indemnifies Hidden deTours from any liability, loss or damage, of any nature, that may occur to the Customer, Hidden deTours or any other person (including but not limited to persons departing on the same Tour or utilising the same accommodation booked). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Customer’s use or participation in the Tour, any cancellation of the Tour, or any injury, illness or death of the Customer or any person.
13. Gift Vouchers
Two types of gift vouchers are available for sale:
(a) Generic Gift Voucher - a monetary amount that can be put towards a booking on any public tour or experience. If the amount of the gift voucher is less than the price of the tour, experience or product, the Customer may pay for the remainder of the amount.
A Generic Gift Voucher is reusable on multiple bookings until the full monetary amount is used before the voucher expires.
The dollar amount of the gift voucher may also be put towards a Private Tour or Charter, with the remainder of the fee payable by the Customer. Bookings for Private Tours are made directly via [email protected], 0437 050 252 or the contact form here.
(b) Specific Gift Voucher - is the total value of a specified tour at the time the voucher was purchased. It must be used for the tour stated on the gift voucher only.
Gift vouchers must be redeemed up to and including the expiry day stated on the gift voucher provided. Gift vouchers after this time will not be valid.
Gift vouchers are non-refundable and cannot be converted to cash.
14. Client Information
All information provided by you must be provided in a timely manner when requested by us, including personal information provided in a Booking or as otherwise requested. Failure to provide any requested information may result in delay or cancellation of the Tour in accordance with the Booking and these T&C.
The Customer warrants that any and all information supplied is true and accurate and without limiting the terms of these T&C, the Customer indemnifies Hidden deTours for any losses incurred in any way (including by negligence) as a result of a breach of this warranty.
15. Privacy and Security
We take our obligations under the Privacy Act 1988 seriously. We ensure compliance with the Act and safeguard the personal information that we hold about our Customers.
The Hidden deTours website and the third-party booking system we use are secured by an SSL certificate which encrypts all transmitted data, so you can use the website safely and securely. The payment gateways used on the Hidden deTours website have achieved PCI DSS compliance certification.
We may disclose your personal information to our service providers including venues or organisations we visit on our Tours, for the process of delivering our service.
We may use online services to assist with the operation of our business, including financial systems, marketing systems and others. These agents are bound by terms in their contract to ensure your information is protected and are not permitted to sell or use your information for other purposes.
Refer to our full Privacy Policy for more information.
16. Insurance
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.
17. Limitation of Liability
In addition to this clause, the Customer acknowledges reading, accepting and returning a signed and completed copy of the Waiver to Hidden deTours. In the event the Customer fails to return a signed and completed copy of the Waiver prior to departure, the Customer will not be able to and will not be granted permission to undertake or participate in the Tour. In such circumstances, all monies paid by the Customer will be forfeited to Hidden deTours.
To the fullest extent permitted by law, the Customer releases, waives, discharges and indemnifies Hidden deTours and its Representatives from any and all claims and actions, which may be made by the Customer or any third party, or on the Customer’s behalf and or any third party’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.
Hidden deTours and its 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 Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
To the fullest extent permitted by law, the total liability of Hidden deTours and its Representatives arising out of, or in connection with, the Booking or the T&C is limited to the total value of the Booking.
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 Hidden deTours;
(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.
18. General
The T&C are not intended to create a relationship between the parties of partnership, joint venture or employer-employee.
The T&C are personal to the Customer and are not able to be assigned.
Hidden deTours reserves the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Customer’s Booking are those that are current at the time the Booking is made.
The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
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.
The T&C are governed and shall be construed in accordance with the laws of the State of Western Australia, the parties submitting to the exclusive jurisdiction of the Courts of Western Australia for determination of any dispute claim or demand.
By making a Booking (directly or indirectly through a third party), the Customer agrees to the T&C on behalf of all persons included in the Booking. Where the Customer constitutes more than one person, each person shall be jointly and severally bound by the T&C.
1. Interpretation
“Booking” means the act of reserving the Tour.
“Customer” “Participant” “You” or “Your” means the person or persons, who are making the Booking, participating or intending to participate in the Tour, and includes any minors accompanying the Customer.
"Force Majeure Event" means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Hidden deTours’ services beyond its control.
“Hidden deTours” “We” “Us” or “Our” means Hidden deTours Pty Ltd (ACN 166 018 319), its Representatives and assigns.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Hidden deTours.
“Tour” means the product provided by Hidden deTours for the purpose of enjoyment, relaxation or leisure of any description whatsoever and includes any accommodation and incidental activities thereto.
“Waiver” means the Waiver, Release, Discharge and Indemnity published by Hidden deTours as accepted by the Customer at the time of making the Booking.
2. Prices
All fees and charges are payable in Australian Dollars and are inclusive of GST. Fees and charges are subject to change. Hidden deTours reserves the right to change this information without notice. Existing Bookings that have been paid in full, or for which a deposit has been paid, will retain the fees and charges as per the Booking.
3. Booking Policy
All Bookings are subject to availability. Hidden deTours reserves the right to decline any Bookings or requests at its absolute discretion. Unless otherwise determined by Hidden deTours at the time of Booking, the following provisions apply.
By making the Booking, the Customer warrants that he or she is at least 18 years of age with full capacity to make the Booking. Where the Booking is made by a parent, guardian or person for or on behalf of a Customer, the person making the Booking warrants that he or she has full authority to do so. Adult supervision must be provided for any persons under 18 years of age. Hidden deTours or their personnel cannot supervise any group or person other than our specific responsibility under the Road Transport Act (WA) and parents and guardians are otherwise solely responsible for under 18 guests.
Public Tours
A Public Tour will not proceed unless the minimum number of guests required by Hidden deTours for such Tour is confirmed. Customers will be notified at least 24 hours prior to the Tour if the minimum number of guests has not been met and the Tour is required to be rescheduled. In such circumstances, Hidden deTours will offer Customers a transfer to an alternative date (subject to availability) or a credit for the original value paid (credits are not redeemable for cash and additional costs may apply at the time of re-booking).
Once a Public Tour has been confirmed, if the Customer requests to change the date of the Booking, extra costs may be applicable as determined by Hidden deTours at its sole discretion. All change of date requests must be made in writing more than 7 days from the date of the Tour and only one change is permitted. If Hidden deTours approve to change the date of a Customer Booking, no refund will be provided to the Customer and all monies will be retained by Hidden deTours if a refund is requested.
Private Tours
A Private Tour will not proceed unless the minimum number of guests required by Hidden deTours for such Tour is confirmed.
There are two varieties of Private Tours:
1. Tailor Made Tours
Itineraries are created in consultation with the Customer and are customised for each group.
2. Standard Tours
Itineraries are created by Hidden deTours. No changes are permitted by the Customer.
Once a Private Tour has been confirmed, if the Customer requests any changes outside the scope of the Booking, extra costs may be applicable as determined by Hidden deTours at its sole discretion. Such changes include (but are not limited to) the date, duration, pick up and or drop off location and or number of guests. All requests for changes to the Booking must be made in writing.
Customers are required to notify Hidden deTours if the Booking is for a particular event or occasion (such as a hens or bucks party).
Charters
A Charter will not proceed unless the minimum number of hours required by Hidden deTours for such Tour is confirmed.
Itineraries are created by the Customer. The Customer is responsible for all third party bookings and fees and charges incurred in connection with the same. Hidden deTours will provide the vehicle and the driver. Itineraries (including pick up and drop off details) are to be confirmed and provided to Hidden deTours at least 14 days prior to the date of departure.
Once a Charter has been confirmed, if the Customer requests any changes outside the scope of the Booking, extra costs may be applicable. Such changes include (but are not limited to) the date, duration, pick up and or drop off location, number of guests and or the itinerary. All requests for changes to the Booking must be made in writing.
4. Payment Terms
All Tours
Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise required by Hidden deTours, may result in the Booking being cancelled and Hidden deTours making the Tour, or any part thereof, available to other persons. In such circumstances, all monies paid by the Customer will be forfeited to Hidden deTours.
Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Customer to Hidden deTours are the sole responsibility of the Customer, are payable by the Customer and are non-refundable.
If the Customer makes payment by way of credit card, the Customer warrants that the information provided to Hidden deTours 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. Hidden deTours reserves the right to conduct various checks to validate the identity and integrity of the Customer’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Customer to verify identity.
Hidden deTours reserves the right to request identification information and documentation, including government issued photographic identification, prior to departure.
Any items or services not included in the Booking (including for services or goods provided third parties) are the sole responsibility of the Customer and must be paid by the Customer.
A surcharge may be applied to Bookings on public holidays or as otherwise determined by Hidden deTours at its absolute discretion.
Additional Waiting Fees
If Hidden deTours is required to wait at any location, a waiting time fee will be charged to the Customer who is responsible for the delay as follows:
(a) First 10 minutes are free
(b) Longer than 10 minutes delay a waiting fee of $25 per 15 min block will apply
The Customer who is responsible for delay must pay on the day of the tour by bank transfer, or immediately when in receipt of an invoice from Hidden deTours.
Public Tours
Public Tours are payable in full at the time of Booking.
Private Group Tours/Charters
A non-refundable deposit of 25%, together with a non-refundable administration fee of $50.00 for Tailor Made Tours and $25.00 for Standard Tours, is required within 7 days of Booking. An invoice will be provided to the Customer by email with payment details.
Payment of the balance is required at least 21 days from the date of departure. A reminder email and invoice will be sent to the Customer with payment details.
If a Booking is made 21 days or less before the date of departure, the Booking must be paid in full within 24 hours. An invoice will be provided to the Customer by email with payment details.
It is the Customer’s sole responsibility to ensure payment is received in cleared funds prior to the due date for payment.
Travel Fees
Pick ups and drop offs within the Perth CBD are complimentary for Perth Tours or Charters. For Rockingham Tours or Charters a complimentary pick up and drop off is provided for all locations within 15kms from the Rockingham Train Station. A travel fee will apply to all other locations, determined by Hidden deTours at its absolute discretion.
Security Bond
A refundable bond of $200 (Bond) will apply upon booking a Private Tour or Charter, unless otherwise advised by Hidden deTours.
At the conclusion of the Private Tour or Charter, Hidden deTours will conduct an inspection of the vehicle utilised for the Private Tour or Charter. If Hidden deTours detects no loss or damage of any kind, Hidden deTours will arrange for the Bond to be refunded to the Customer within 7 days. If Hidden deTours detects loss or damage of any kind, Hidden deTours will notify the Customer of the same and the required remediation. Hidden deTours may retain the Bond until an inspection is undertaken and any identified loss or damage has been rectified.
If a Private Tour or Charter runs overtime, additional fees will be charged to the Customer. Extra time is charged in increments of 15 minutes. Any overtime may be deducted from the Bond, or in the event no Bond is paid by the Customer will be a debt due and payable by the Customer to Hidden deTours.
5. Cancellation, Refund and Change Policy
Cancellation by Customer
All cancellations must be received in writing. Where the Customer cancels the Booking:
(a) Public Day Tours
(i) 15 days or more prior to the date of departure, full payment will be refunded less the administration costs;
(ii) between 14 days and 4 days of the date of departure, 50% of the payment will be refunded and the remaining 50% will be retained by Hidden deTours; and
(iii) 3 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
(b) Public Getaway Tours with overnight stays
(i) 21 days or more prior to the date of departure, full payment will be refunded less any administration costs;
(ii) between 20 days and 15 days of the date of departure, 50% of the payment will be refunded and the remaining 50% will be retained by Hidden deTours; and
(iii) 14 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
(c) Private Group Tours and Charters
(i) 22 days or more prior to the date of departure, full payment will be refunded less the deposit and administration fee which will be retained by Hidden deTours; and
(ii) 21 days or less before the date of departure (including no shows), no refund will be provided to the Customer and all monies will be retained by Hidden deTours.
Administration costs may include (but are not limited to) fees that may be levied by third party operators providing their services in conjunction with the Tour, bank fees, credit card fees, booking fees and other costs associated with delivering the Tour or returning your money to you.
For Customer curtailment and or early departure from the Tour, all monies paid by the Customer will be forfeited to Hidden deTours.
Cancellation by Hidden deTours
Hidden deTours reserves the right to cancel a Tour at any time before departure, including for any Force Majeure Event. In such circumstances, Hidden deTours may transfer amounts paid to an alternate Tour at its discretion or alternatively offer a full refund.
Hidden deTours is not responsible for any incidental expenses incurred as a result of cancellation of a Tour including but not limited to travel to join the Tour, accommodation or other fees payable to third party operators providing services in conjunction with the Tour.
If any Force Majeure Event results in Hidden deTours being prevented from, or delayed in, performing any of its obligations to the Customer:
(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon Hidden deTours under these T&C;
(b) no loss or damage shall be claimed by the Customer from Hidden deTours by reason thereof; and
(c) Hidden deTours shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
Changes to Tour by Hidden deTours
Hidden deTours reserves the right to alter the route or itinerary of a Tour and arrange alternative carriers if necessary. We will ensure the venue or experience we substitute will be of an equivalent standard for you to enjoy. No refunds will be given in these circumstances.
6. Alcohol Consumption
Under the Liquor Control Act 1988 it is against the law to supply or sell alcohol to a person under the age of 18 in a licensed or regulated premises. All Customers must be able to provide government issued photographic identification to prove they are aged 18 years or over before they are able to consume alcohol on a Hidden deTours Tour.
It is an offence for employers or employees of licensed premises we visit, to sell or supply alcohol to a person who shows signs of intoxication. The staff of the licenced venues must hold Responsible Service of Alcohol Certificates and adhere to the necessary laws in place around responsible service of alcohol.
The Customer acknowledges and agrees that venues, establishments or premises visited on a Tour have their own duty of care to guests and the right to exercise their discretion not to allow entry, not to serve individuals or groups alcohol or to ask people to leave their premises and Hidden deTours does not accept any responsibility or liability if this occurs for any reason, including due to the negligence or otherwise of Hidden deTours or its personnel.
Hidden deTours staff are also trained in responsible service of alcohol and have the right to refuse Customers who are intoxicated to board the bus prior to departure, or to otherwise participate in activities throughout the Tour that may be deemed not to comply with occupational health and safety.
We really want everyone to enjoy their Tour, so we recommend not drinking alcohol before the Tour. All venues practice Responsible Service of Alcohol and we wouldn't want anyone missing out on joining the group in each venue.
Consumption of alcohol and illicit drugs is prohibited by law and not permissible on the tour vehicle.
7. Dietary
Any dietary requirements must be advised to Hidden deTours in writing at least 14 days prior to departure. Any additional fees charged by third parties to satisfy any dietary requirements will be the responsibility of the Customer.
Hidden deTours takes no responsibility for accommodating any food allergies or dietary requirements or restrictions and is not responsible for any problems associated with the same. All issues with those matters are the sole responsibility of the Customer.
8. Health & Fitness
The Customer warrants that the Customer:
(a) acknowledges the Tour may require a moderate to high level of fitness and a degree of mental stamina;
(b) is in good health and mental and physical condition;
(c) has disclosed to Hidden deTours every matter concerning the Customer’s health and mental and physical fitness of which the Customer is aware, or ought reasonably be expected to know, that is relevant to the Tour (including but not limited to pre-existing medical conditions, prescribed medications, allergies and previous injuries);
(d) will notify Hidden deTours in writing immediately upon any adverse change in the Customer’s health or mental and physical fitness that may be likely to affect the Tour;
(e) is solely responsible for having required medication (including epi-pens for allergies) with them and for advising Hidden deTours and its providers of such medication prior to commencing the Tour;
(f) permits Hidden deTours to disclose medical information to any consultant doctor or other health professional; and
(g) will obtain a medical clearance from a health professional upon request by Hidden deTours in its absolute discretion.
9. Customer Code of Conduct during a Tour or Charter
Every person on a Hidden deTours Tour must adhere to the Customer Code of Conduct below:
(a) Smoking is not permitted on the vehicle or within privately owned venues/property.
(b) Valid government issued photographic identification is required to be carried on your person on the day of the Tour and at entry to all venues.
(c) Customers agree to adhere to dress standards and regulations within venues selected for the Tour (please note some venues do not allow fancy dress / costumes).
(d) Refusal of entry or service at venues due to intoxication or any other reason is not the responsibility of Hidden deTours and is the guest’s sole responsibility.
(e) Anti-social behaviour and intoxication on board the vehicle, in public spaces and within Tour venues creating a disturbance to other guests or Hidden deTours staff will not be tolerated and the Customer may be evicted at the discretion of the driver or other Hidden deTours staff.
(f) If you choose to leave the Tour at any time before arriving at the final drop off point, you must inform the Hidden deTours driver or guide before departing.
(g) Guests are to remain seated and wear a seat belt when the Tour vehicle is in motion.
(h) Any damage made to the Tour vehicle will be a cost to the Customer and may be deducted from the Bond. In the event no Bond was paid by the Customer, any costs incurred by Hidden deTours to remedy any damage made to the Tour vehicle (including any cleaning fees) will be a debt due and payable by the Customer to Hidden deTours.
(i) No changes can be made to the itinerary by the Customer once the Tour has departed.
(j) Personal items including electronic devices are the sole responsibility of the Customer.
(k) The Customer will be solely responsible to bring any essential or recommended items on the Tour, as notified by Hidden deTours.
(l) Tour vehicles have limited luggage space and the Customer must limit baggage to any minimum set out in the Booking or otherwise notified by Hidden deTours. Soft bags are preferred.
(m) If you wish to provide your own music or other effects on a Tour, you must ensure that all or any technical requirements of doing so are acceptable to us and it is your sole responsibility to ensure that all such music or equipment is compatible with the Tour vehicle.
It is the Customer’s sole responsibility to be aware of the requirements of the Code of Conduct at all times. You must adhere to and abide by the Code of Conduct and any failure of any kind to do so may result in you being removed from the Tour, or the Tour being cancelled. Hidden deTours may determine in its sole discretion if any such a failure has occurred, at no liability to us.
If a Customer is asked to leave the Tour, they will be solely responsible for their own transport and conduct from the place of disembarkation, which will deemed to be the conclusion of their Tour and no refund will be provided for any part of the Tour that has not been completed. Hidden deTours is not liable after a disembarkation.
10. Photos and Video
You agree that all photos and videos taken of you on a Tour can be used for marketing or promotional purposes by Hidden deTours. If you do not want your image to be used, you must notify us in writing prior to departure.
Images and video that appear on our social media accounts and our website are used for illustration purposes, depending on availability of service providers for each Tour.
Otherwise, Hidden deTours is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
11. Departure point and time
Public Tours
The departure points for Public Tours are dependant on the type of Tour booked.
Once you have made a Booking you will receive communications from us advising you of your estimated pick up time and confirmed location and address. One week prior to departure, you will receive communications from us with information pertaining to the Booking.
We reserve the right to change the departure point or time, up until 24 hours before the departure time. We will notify you via email of the change and specify the new location and time to meet.
At the designated time of your collection, we are only able to wait 5 minutes, as we have a strict timeline to follow and have other guests on Tour to consider. If you are not at the departure point, we will attempt to contact you. If we are not able to get in touch with you, you will need to make your own arrangements to join us on Tour.
Please contact us early if you know you are going to be late to your pick up point and we will try to accommodate, if possible. The best person to contact is Monique – 0437 050 252.
Private Tours and Charters
The Customer must notify Hidden deTours at least 14 days prior to the proposed departure date, in writing, if a departure point is changed. Additional fees may apply to any changes at Hidden deTour’s sole discretion.
12. Government Requirements / COVID-19
If the Customer contracts COVID-19 (or any other pandemic virus or disease) within 14 days of the scheduled departure date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Customer must notify Hidden deTours in writing. In such circumstances, the Customer (and any other guest cancelling as part of the Booking) will not be able to and will not be granted permission to undertake or participate in the Tour. Hidden deTours, in its sole discretion, may offer to the Customer a transfer of the Tour to an alternative date (subject to availability). Hidden deTours reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.
Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus (whether you are aware of the condition or not), Hidden deTours may in its absolute discretion:
(a) refuse the Customer's participation in the Tour;
(b) request that the Customer wears a face mask or other protective equipment;
(c) request that the Customer undertakes a Rapid Antigen Test; and or
(d) request that the Customer concludes the Tour/leaves the premises at the earliest possible and safest opportunity.
Where (a) and (d) apply, the Tour will be deemed to have been cancelled by the Customer and Hidden deTours’ usual cancellation provisions as set out above will apply. All costs incurred by the Customer and or Hidden deTours as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to Hidden deTours under these circumstances.
Where the Customer presents with an elevated temperature or other symptoms of COVID-19 or any other communicable disease or virus and obtains a negative result to a COVID-19 test, Hidden deTours may in its absolute discretion allow the Customer to participate in or re-join the Tour. Where the Customer is not allowed to participate in or re-join the Tour, the Tour will be deemed to have been cancelled by the Customer and Hidden deTours' usual cancellation provisions will apply as set out above. All costs incurred by the Customer and or Hidden deTours as a consequence will be at the Customer’s own expense. The Customer shall not be entitled to any refund of monies paid by the Customer to Hidden deTours under these circumstances.
The Customer shall comply with all vaccination and or testing requirements and or directions by:
(a) the applicable Government (Federal or State);
(b) health authority or other authorising body:
(c) Hidden deTours; or
(d) any third party provider
in relation to COVID-19 (or any other disease or virus), for entry to the location of the Tour or to use or participate in the Tour.
The Customer will be required to be fully vaccinated from 31 January 2022. Proof of vaccination will be required prior to utilising or participating in any Tour including commencing any Tour. Where there is any inconsistency between the date specified in this clause for vaccination and any requirement or direction issued by the applicable Government (Federal or State), health authority or other authorising body, any such requirement or direction issued by the applicable Government (Federal or State), health authority or other authorising body will prevail.
Where the Customer:
(a) is unable to meet any requirement (including where the applicable Government, health authority or other authorising body requirement is introduced subsequent to the Booking);
(b) cancels the Booking; or
(c) is unable to access the location of the Tour,
as a result of a requirement, the Customer shall forfeit all monies paid to Hidden deTours.
Where the Customer does not comply with any requirement, Hidden deTours reserves the right to decline the Booking, cancel the Booking or refuse the Customer’s participation in the Tour at Hidden deTours' absolute discretion and at the Customer’s cost.
Where the Customer is unable to utilise or participate in the Tour, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, Hidden deTours, in its sole discretion, may offer to the Customer:
(a) a transfer of the Tour, or part thereof, to an alternative date within 12 months (or such longer period as is reasonable and determined by Hidden deTours in the circumstances), which transfer option is subject to availability; or
(b) a credit, to the value of any monies paid, which credit will be transferable to another person and valid for travel within 12 months from the issue date (or such other longer period as determined by Hidden deTours in its absolute discretion), provided that:
(i) any additional costs payable on the new Tour will be payable by the Customer in full at the time of Booking;
(ii) additional costs may apply for the Tour in future seasons; and
(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.
The Customer releases and indemnifies Hidden deTours from any liability, loss or damage, of any nature, that may occur to the Customer, Hidden deTours or any other person (including but not limited to persons departing on the same Tour or utilising the same accommodation booked). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Customer’s use or participation in the Tour, any cancellation of the Tour, or any injury, illness or death of the Customer or any person.
13. Gift Vouchers
Two types of gift vouchers are available for sale:
(a) Generic Gift Voucher - a monetary amount that can be put towards a booking on any public tour or experience. If the amount of the gift voucher is less than the price of the tour, experience or product, the Customer may pay for the remainder of the amount.
A Generic Gift Voucher is reusable on multiple bookings until the full monetary amount is used before the voucher expires.
The dollar amount of the gift voucher may also be put towards a Private Tour or Charter, with the remainder of the fee payable by the Customer. Bookings for Private Tours are made directly via [email protected], 0437 050 252 or the contact form here.
(b) Specific Gift Voucher - is the total value of a specified tour at the time the voucher was purchased. It must be used for the tour stated on the gift voucher only.
Gift vouchers must be redeemed up to and including the expiry day stated on the gift voucher provided. Gift vouchers after this time will not be valid.
Gift vouchers are non-refundable and cannot be converted to cash.
14. Client Information
All information provided by you must be provided in a timely manner when requested by us, including personal information provided in a Booking or as otherwise requested. Failure to provide any requested information may result in delay or cancellation of the Tour in accordance with the Booking and these T&C.
The Customer warrants that any and all information supplied is true and accurate and without limiting the terms of these T&C, the Customer indemnifies Hidden deTours for any losses incurred in any way (including by negligence) as a result of a breach of this warranty.
15. Privacy and Security
We take our obligations under the Privacy Act 1988 seriously. We ensure compliance with the Act and safeguard the personal information that we hold about our Customers.
The Hidden deTours website and the third-party booking system we use are secured by an SSL certificate which encrypts all transmitted data, so you can use the website safely and securely. The payment gateways used on the Hidden deTours website have achieved PCI DSS compliance certification.
We may disclose your personal information to our service providers including venues or organisations we visit on our Tours, for the process of delivering our service.
We may use online services to assist with the operation of our business, including financial systems, marketing systems and others. These agents are bound by terms in their contract to ensure your information is protected and are not permitted to sell or use your information for other purposes.
Refer to our full Privacy Policy for more information.
16. Insurance
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.
17. Limitation of Liability
In addition to this clause, the Customer acknowledges reading, accepting and returning a signed and completed copy of the Waiver to Hidden deTours. In the event the Customer fails to return a signed and completed copy of the Waiver prior to departure, the Customer will not be able to and will not be granted permission to undertake or participate in the Tour. In such circumstances, all monies paid by the Customer will be forfeited to Hidden deTours.
To the fullest extent permitted by law, the Customer releases, waives, discharges and indemnifies Hidden deTours and its Representatives from any and all claims and actions, which may be made by the Customer or any third party, or on the Customer’s behalf and or any third party’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.
Hidden deTours and its 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 Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
To the fullest extent permitted by law, the total liability of Hidden deTours and its Representatives arising out of, or in connection with, the Booking or the T&C is limited to the total value of the Booking.
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 Hidden deTours;
(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.
18. General
The T&C are not intended to create a relationship between the parties of partnership, joint venture or employer-employee.
The T&C are personal to the Customer and are not able to be assigned.
Hidden deTours reserves the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Customer’s Booking are those that are current at the time the Booking is made.
The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
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.
The T&C are governed and shall be construed in accordance with the laws of the State of Western Australia, the parties submitting to the exclusive jurisdiction of the Courts of Western Australia for determination of any dispute claim or demand.
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Phone or WhatsApp: +61 437 050 252
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